European Commission takes new step to protect judges in Poland against political control

Yesterday, the European Commission decided to take the next step in an ongoing infringement procedure against Poland, by sending a reasoned opinion regarding the new disciplinary regime for Polish judges. On 3 April 2019, the Commission launched this infringement procedure on the grounds that the new disciplinary regime undermines the judicial independence of Polish judges and … Continue reading European Commission takes new step to protect judges in Poland against political control

Right to challenge state decisions must be meaningful

The rule of law requires that a person must be able to challenge decisions made about them by the state, the Law Society of England and Wales said following news of legal aid awarded for Shamima Begum to challenge the home secretary’s decision to strip her of her citizenship. “The award of legal aid in … Continue reading Right to challenge state decisions must be meaningful

EU law does not preclude the loss of the nationality of a Member State/EU citizenship, where the link between the person concerned and that Member State is durably interrupted

A number of Dutch citizens possessing a second nationality of a non-EU country brought proceedings before courts in the Netherlands following the refusal of the Minister of Foreign Affairs to examine their applications for renewal of their national passports. The Minister’s refusal was based on the Law on Netherlands nationality, which provides that an adult … Continue reading EU law does not preclude the loss of the nationality of a Member State/EU citizenship, where the link between the person concerned and that Member State is durably interrupted

Infringements: Commission adapts its calculation methodology for financial sanctions

Today, the Commission set out how it will adapt its calculation method when proposing financial sanctions to the Court of Justice of the EU in infringement proceedings. Enforcement of EU law by the Commission will continue to be vigorous, balanced and fair to all Member States. When the Commission refers a Member State to the … Continue reading Infringements: Commission adapts its calculation methodology for financial sanctions

A national law cannot invalidate, by a retroactive, general and automatic rule, credit agreements concluded with foreign lenders

In 2007, Ms Anica Milivojević, a Croatian national, concluded with Raiffeisenbank, which has its registered office in Austria, a non-renewable credit agreement in the sum of €47 000 in order to have renovation work carried out in her home, more particularly to create apartments in it for letting. The loan was taken out using an … Continue reading A national law cannot invalidate, by a retroactive, general and automatic rule, credit agreements concluded with foreign lenders

A worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave

Mr Sebastian W. Kreuziger was a paid legal trainee with the Land of Berlin (Germany). During the last months of this trainee-ship, he refrained from taking paid annual leave. After his trainee-ship ended, he requested an allowance in lieu of the days of leave which he had not taken, which the Land refused. Mr Kreuziger … Continue reading A worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave