Adjudicating Europe

A Challenge to the French Constitutional Reform Submitted to the Court of Justice by the Cour de cassation

Since 1 March 2010 ordinary courts in France can challenge conformity of legislation to the French Constitution in a special form of procedure called “la question prioritaire de constitutionnalité” (QPC, translated as “a priority preliminary ruling on constitutionality”). This Reform is now going to be examined by the European Court of Justice through a reference [...]

Judicial dialogue and champagne corks (but it is not Christmas yet!)

On Monday December 7, the Court held a hearing in case C-403/09 Deticek. The case concerns interpretation of Article 20 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. It appears that a referring court has [...]

Guest Blogger: Anders Kruse on the Laval judgment of the Swedish court. The Laval case finally settled?

On 2 December 2009, almost two years after the landmark preliminary ruling of the European Court of Justice (ECJ) on 18 December 2007 in case C-341/05, the Swedish Labour Court published its 60-page judgment in the Laval case. The Labour Court, applying EC law, awarded the Laval company compensation for three trade unions’ breach of [...]

The Lisbon Treaty II judgment of the Czech Constitutional Court and the Czech Republic’s President Klaus’ Reaction

From the Editors: Through the Mosquito we got excerpts of the key parts of the Court’s decision and also President Klaus’ reaction to it. The judgment will soon be available in English at the Constitutional Court’s webpage. Here we only sum up the petition together with the operative part of the judgment and then provide a [...]