In late 2021, the Romanian Constitutional Court issued a statement regarding the judgment of the Court of Justice of the European Union (”Judgment”) in Cases C-357/19 Euro Box Promotion and Others, C379/19 DNA – Oradea Territorial Service, C-547/19 “Romanian Judges Forum”, C-811/19 FQ and others and C-840/19 NC. The Judgment established that national judges are entitled to disregard the decisions of the Romanian Constitutional Court that are not aligned with the EU law without any risk of disciplinary measures. Moreover, it addressed the Romanian justice reforms and pointed out the mandatory character of the EU’s recommendations, embedded in the Cooperation and […]
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The battle for supremacy i.e. primacy between Member State and European Union (“EU”) law is in full swing, with the prospect of even more trouble. In late October, the EU’s highest court (“CJEU”) issued a landmark daily fine to Poland in the amount of EUR 1 million for failing to comply with CJEU’s order. This tremendous fine is the biggest to date and may very well be a warning to any other Member State that might try to question the primacy of EU law. Getting to the Biggest Supremacy Fine Polish judicial system reforms are what triggered the dispute between […]
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The German Constitutional Court and the Court of Justice of the European Union (“CJEU”) have been at odds lately. In June 2021, the European Commission brought infringement proceedings against Germany over an alleged breach of the principle of primacy of EU law by the German Federal Constitutional Court. Namely, the German Federal Constitutional Court has delivered a landmark decision that is precedent-setting and has tremendous repercussions for the question of the power dynamics between the European Union (“EU”) and a Member State. Before getting into the nitty-gritty details of this legal conundrum, let us take a look at how things played […]
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Results of one of the latest surveys recently carried out by British Regus, global work-space provider, have revealed that commuting is being experienced as a time waste for nearly one third of UK professionals, given that it does not fall within their working hours. Said survey led to the actualization of a pivotal judgment rendered by the Court of Justice of the European Union (hereinafter: ECJ) in 2015, according to which such daily journeys undertaken by workers without a fixed or habitual place of work between their homes and the premises of their customers constitute working time. After processing obtained […]
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