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The case Duarte Agostinho and Others v. Portugal and 32 Others (application no. 39371/20), concerning the greenhouse gas emissions from 33 member States, which in the applicants’ view contribute to the phenomenon of global warming resulting, among other things, in heatwaves affecting the applicants’ living conditions and health will be heard before ECtHR on 27 September 2023. The applicants are Portuguese nationals aged between 11 and 24. The applicants claim that the forest fires that have occurred in Portugal each year since 2017 are a direct result of global warming. They allege a risk to their health on account of these fires, and assert that they have already experienced disrupted sleep patterns, allergies and respiratory problems, which are aggravated by the hot weather.  The fifth and sixth applicants stress that climate disruption is causing very powerful storms in winter and maintain that their house, which is situated near the sea in Lisbon, is potentially at risk of dama...

The Court of Justice of the European Union, by judgment, dated 14 September 2023, in Case C-632/21, in proceedings between JF and NS, and Diamond Resorts Europe Limited and others, concerning an application for a declaration that timeshare contracts concluded between the applicants in the main proceedings and Diamond Resorts Europe are void, ruled that: 1. The provisions of Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) are applicable, in the context of a dispute before a court of a Member State, to contracts the two parties of which are United Kingdom nationals, to the extent that those contracts have a foreign element. 2. Article 6(2) of Regulation No 593/2008 must be interpreted as meaning that: - Where a consumer contract fulfils the requirements laid down in Article 6(1) of that regulation (the contract has been concluded by the consumer for a purpose which can be regarded as being outside his or her trade or professi...

According to the Judgment of the European Court of Justice dated 14.9.2023, in Case C-27/22 (Volkswagen Group Italia and Volkswagen Aktiengesellschaft), the principle ne bis in idem applies to penalties, imposed for unfair commercial practices, that are classified as administrative penalties of a criminal nature. That principle precludes criminal proceedings in respect of the same facts from being initiated or maintained where there is a final decision, even if that decision is issued subsequently. On 4 August 2016, the Autorità Garante della Concorrenza e del Mercato (AGCM) imposed a fine of € 5 million on Volkswagen Group Italia SpA (VWGI) and Volkswagen Aktiengesellschaft (VWAG) for unfair commercial practices against consumers.  Those practices concerned, first, the marketing of diesel vehicles in Italy, from 2009, which contained software allowing the measurement of emission levels of nitrogen oxides (NOx) to be distorted during pollutant emissions inspection tests and, second...

Statements made by the Minister of Justice and Prime Minister concerning an important political and economic figure who had been convicted at first instance and had subsequently appealed violated presumption of innocence. In Chamber’s judgment dated 7.9.2023 in the case of Bavčar v. Slovenia (application no. 17053/20) the European Court of Human Rights held that there had been by 6 votes to 1, a violation of Article 6 § 2 (presumption of innocence) of the European Convention on Human Rights, and unanimously, no violation of Article 7 (no punishment without law). Facts  The applicant is a former Slovenian politician who played an important role in the independence process of the country as the Minister of the Interior and later also served as Minister for European Affairs. Subsequently, he became president of one of the largest Slovenian holding companies. In 2016, in retrial proceedings, he was convicted by the first-instance court of two acts of money laundering, namely, acc...

Job Opening : Associate Legal Officer (Temporary) at the United Nations Commission on International Trade Law (UNCITRAL), Vienna, Austria. This position is located within the International Trade Law Division (ITLD), Office of Legal Affairs (OLA), which serves as a substantive Secretariat to the United Nations Commission on International Trade Law (UNCITRAL) and is based in Vienna (Austria). The Associate Legal Officer reports to a Senior Legal Officer as first reporting Officer, and to the Director of the Division as second reporting Officer. For more information on UNCITRAL please visit https://uncitral.un.org/ Responsibilities Within assigned authority, the Associate Legal Officer will be responsible for the following specific duties: • Conduct legal research and analysis and prepare studies in international trade and investment law, comparative studies, briefs, reports and correspondence. • Assist legal officers in the review of legal documents, instruments, or other mat...

Citing “mounting evidence” that spyware has been used for illegitimate purposes by several Council of Europe member states, a committee of the Parliamentary Assembly of the Council of Europe (PACE) has urged five governments to provide information on their use of such spyware within three months, and fully investigate all cases of abuse. Approving a draft resolution on Pegasus and similar spyware and secret state surveillance, PACE's Legal Affairs Committee unequivocally condemned “the use of spyware by state authorities for political purposes”. It urged Poland, Hungary, Greece, Spain and Azerbaijan to promptly and fully investigate all cases of abuse of spyware, sanction any they find, and provide redress to victims. The draft resolution, based on a report by Pieter Omtzigt (Netherlands, EPP/CD), also called on other member states which seem to have acquired or used Pegasus – including Germany, Belgium, Luxembourg and the Netherlands – to clarify their use of it, and the mecha...

According to the Judgment of the European Court of Justice (7.9.2023) in Case C-216/21 ( Asociaţia ‘Forumul Judecătorilor din România’ ), the promotion of judges to a higher court, based on an assessment, by members of that court, of their work and conduct, is compatible with EU law .  The relevant substantive conditions and procedural rules must, however, be such as to dispel any reasonable doubt as to the independence and the impartiality of the judges concerned, once they have been promoted. In 2019, the Superior Council of Magistracy (SCM) of Romania approved a reform of the procedure for the promotion of judges to higher courts. The ‘Forum of Judges of Romania’ Association and a private individual are contesting that reform before the Court of Appeal, Ploieşti (Romania).  The applicants in the main proceedings submit that replacing the old written exams with an assessment, by (i) the president and (ii) members of the higher court concerned, of candidates’ work and co...

Vacancy : Legal Expert in the Single Resolution Board (SRB) in Brussels, Belgium. Duration of contract 3 years (renewable). Estimated monthly basic salary: 6.169,72 € The Single Resolution Board (SRB) is the central resolution authority within the Banking Union, which at present is 20 eurozone countries and Bulgaria. Together with the national resolution authorities it forms the Single Resolution Mechanism. The SRB works closely with the European Commission, the European Central Bank, the European Banking Authority and national authorities. Its mission is to ensure an orderly resolution of failing banks, protecting the taxpayer from state bail-outs, which is promoting financial stability. The Legal Expert will contribute to the successful completion of the work of a multidisciplinary and multinational legal team headed by the General Counsel and coordinated by the Team Leaders of the respective teams. The Legal Expert will actively participate in the representation of the SRB as an...

In Chamber's judgment dated 5.9.2023 in the case of Van den Kerkhof v. Belgium (application no. 13630/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair hearing within a reasonable time) of the European Convention on Human Rights.  The case concerned the length of civil proceedings pending before a court of the Brussels judicial district. In the present case the proceedings were brought by the applicant against the vendors of a flat and the real estate agency that had served as an intermediary for the sale.  The Court held that the applicant’s case had not been heard within a reasonable time, noting that seven years and eight months had elapsed for two levels of jurisdiction and that the proceedings were still pending before the French-Language Brussels Court of First Instance.  It emphasised that the system for protecting the rights guaranteed by the Convention was based on the principle of subsidia...

The significant systemic delays and failure by the European Commission to comply with the time limits in the legislation as regards requests for public access to documents, amount to maladministration. The European Ombudsman’s own-initiative inquiry looked into how the European Commission deals with requests for public access to documents; in particular, how it complies with the time limits for dealing with requests, which are set out in the EU legislation on public access to documents. The Ombudsman’s inquiry found that there are systemic and significant delays, particularly in how the Commission deals with requests to review initial decisions on access requests, and that it often fails to meet the time limits set out in the applicable legislation by a considerable amount.  The Ombudsman has consistently taken the view that ‘access delayed is access denied’, as documents and information sought are often time sensitive and can lose relevance to the requester if delays occur. Th...