New publication: “Suing the European Union in the UK: Tomanović et. al. v. the European Union et. al.”

ep_ej_2016_2_coverI have just published a piece in European Papers that critically analyzes the very interesting Tomanović judgment of the England and Wales High Court (Queen’s Bench Division).

Here is the abstract:

In its judgment of 13 February 2019 in the case of Tomanović et. al. v. the European Union et. al., the English High Court of Justice dismissed several claims based on human rights violations by EULEX Kosovo. Although the High Court’s dismissal was ultimately based on the lacking incorporation of the Treaty provisions on the Common Foreign and Security Policy into domestic law, the judgment contains extensive obiter dicta discussing key Union law matters. In this Insight I summarize, contextualize and reflect critically upon the High Court’s reasoning. In particular, I focus on the extent of the Court of Justice’s jurisdiction over – and the application of the Foto-Frost principle to – the CFSP.

Click here to access the full text on EuropeanPapers.eu (open access).

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.