Montagsrunde am MPIL

Dear all,

In Judgment No. 63/2026, the Italian Constitutional Court addressed sensitive issues concerning the citizenship status of descendants of Italians abroad. In this Monday round, I would like to critically engage with the Court’s findings, also placing the Judgment in a broader context that takes into account European and comparative perspectives.​​​​​​​

Best,

Chiara

Dear all,

From 27 April 2026 to 22 May 2026, the Member States of the Treaty on Nuclear Non-Proliferation - NPT (which are all UN Member States except India, Pakistan, Israel, North Korea and South Sudan) gather in New York to review the operation of the treaty. In the upcoming Monday Meeting, I want to discuss the key issues discussed at the conference as well as the outcome. I will further go into detail of the implications the outcome (or lack there-of) has for the non-proliferation regime and the state of international law as a whole.

Best,
Philipp

In the EU law on free movement of goods, it is well-established that the protection of imports under Art. 34 TFEU and the protection of exports under Art. 35 TFEU follow two separate tracks.

Under Art. 34 TFEU, the notion of ‘measures having effect equivalent to quantitative restrictions’ (MEEQRs) is foundationally fleshed out by the Dassonville formula. Art. 34 TFEU thereby proscribes ‘all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-EU trade’. For all its ebbing and flowing, the Dassonville formula still allows economic actors to challenge large chunks of non-discriminatory regulation.

By contrast, under Art. 35 TFEU, the concept of MEEQRs is traditionally concretised through the Groenveld formula (save for cases falling within the scope of the Common Agricultural Policy). Its convoluted language essentially enshrines a principle of non-discrimination only, drawing a narrower scope of application compared to Art. 34 TFEU.

This received wisdom might have to be revisited. On 13^th November 2025, the ECJ handed down its judgement in Case C-499/23 – Commission v. Hungary. This ruling marks the first post-Groenveld application of the Dassonville formula in an extra-CAP Art. 35 TFEU case. I look forward to discussing with you this judgement’s implications for EU internal market law.

Best wishes,

Paolo

In March, the Venice Commission has adopted an Opinion on the status of neo-judges appointed during the Polish rule of law crisis (https://www.coe.int/en/web/venice-commission/-/opinion-1238). The Commisson is further expected to adopt another opinion in June (https://www.coe.int/en/web/venice-commission/-/opinion-1276).

In this Monday round presentation, I will critically analyse a recent Communication by the European Commission in the context of its "Better Regulation" agenda in light of the characteristics and requirements of a democratic law-making process.

In this Monday Round presentation, I will zoom in on the (at that point) recently concluded European Citizens Panel (ECP) on Democratic Resilience as an example of participatory democracy at the EU level. The presentation will discuss the process and organisation of this ECP, as well as its recommendations for EU law and policy in the area of building democratic resilience.