Suchergebnisse

Clelia Lacchi, Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection. Brussels: Larcier, 2020. 348 pages. ISBN: 9782807922785. EUR 90.

According to public international law, humanitarian aid must comply with four fundamental principles, one of which being the principle of independence. Duly complying with this principle means that the humanitarian objectives must be autonomous from political, economic, military, or other objectives, and the principle serves to ensure that the sole purpose of humanitarian aid remains to relieve and prevent the suffering of victims of humanitarian crises. This requirement places the European Union—one of the world's largest donors of humanitarian aid—in a dilemma since, arguably, the Union's treaty-bases simultaneously require that it promotes, amongst others, principles of democracy, rule of law, human rights, and free trade when providing humanitarian aid to third countries. This article analyses this dilemma. It points out that whilst conflicts only arise infrequently, there have been occasions where they have indeed arisen, and it is argued that the principle of independence takes precedence over the treaty-based duty to promote 'European values'.

EU diplomats consider the Caribbean countries to be allies and therefore expect these countries to support the EU in international affairs – but they find that this support has been waning in recent years. Caribbean diplomats and politicians do not share the European viewpoint. Rather, they take the view that the EU has forgotten its Caribbean allies and instead channels its attention and funding towards Sub-Saharan Africa. This article examines to what extent this asserted 'rift' really signals a profound change in the EU-Caribbean relations.

According to Article 267 of the Treaty on the Functioning of the European Union (TFEU), Member State courts may – and sometimes must – refer questions on the interpretation or validity of EU legal measures to the Court of Justice of the European Union for a binding preliminary ruling. But what are the consequences if a Member State court fails to make a preliminary reference in a situation where it was legally obliged to do so? The article shows that such failure may constitute an infringement of the right to a fair trial as laid down in Article 6(1) of the European Convention of Human Rights. It may also form the basis for a claim for damages under EU law. Moreover, it may instigate the European Commission to institute infringement proceedings against the Member State in question. Finally, in some situations, a failure to make a preliminary reference may affect the validity of the Member State court's judgment, and there may also be a requirement on Member State administrative authorities to reopen the case file if, after the ruling by the Member State court, it becomes apparent that this court erred with regards to EU law.

This article analyses the treaty provisions introduced by the Lisbon Treaty with regard to the European Union's (EU) provision of humanitarian aid to third countries [with a particular focus on Article 214 Treaty on the Functioning of the European Union (TFEU)]. It first examines how the new treaty framework affects the competences and the procedures that have been laid down with regard to humanitarian aid. It then considers the general international legal principles that, according to Article 214 TFEU, apply to the Union's provision of humanitarian aid. The article seeks to clarify what the obligations of 'coordination' and 'complementarity' entail. Finally, the article considers the requirement that a European Voluntary Humanitarian Aid Corps is set up.