A COMMENT ON OPINION 2/15 AND INVESTOR STATE DISPUTE RESOLUTION. THE PRICE OF PRESERVING THE DIVISION OF POWERS

Giorgia Sangiuolo, Lawyer, PhD Researcher King’s College London

Opinion 2/15 on the Free Trade Agreement between the European Union (EU) and Singapore (EUSFTA) constitutes another significant chapter in the relationship between the EU and its Member States, and is destined to shape the EU’s role on the international plane for years to come. The European Court of Justice was called once again to arbiter on the dynamics of the renegotiation of powers between the EU and its Member States, as it had done in cases surrounding fundamental rights[1] and internal competences.[2]  This time, the ‘battleground’ regarded EU’s external relations. Continue reading

AGRICULTURE AND COMPETITION LAW: A TALE OF UNEASY RELATIONSHIP?

by Nidhi Singh* 

I

BRIEF BACKGROUND ON THE COMMON AGRICULTURAL POLICY (CAP)

 

Since the Treaty of Rome has come into force, there has been an incessant conflict between the Common Agricultural Policy (CAP)[1] and EU competition policies. Some scholars have argued that farming activities should be entirely exempt from competition law given the peculiarities of the agriculture industry. Whereas some hold the view that agriculture sector is not that unique that it should be given the benefit of exemption from the principles of Competition law.[2] This article shall discuss the problems posed by the agricultural sector, which are in conflict with EU competition policies. Continue reading

Human Rights Reporting and the Non-financial Disclosure Regime in Europe

Koen de Roo[1]

Business involvement in human rights violations as laid bare by cases such as the 2013 collapse of the Rana Plaza – a building housing clothing factories situated in Bangladesh’s capital Dhaka – has led to the introduction of several legal and non-legal mechanisms which aim to enforce corporate responsibility to respect human rights. The most recent step in integrating this responsibility in corporate governance regulation is included in the European Union Directive on non-financial disclosure (the ‘Directive’). The Directive contains the obligation for large companies (>500 employees) to describe policies, outcomes and principal risks related to human rights matters in their management reports. Continue reading