Prof. Uzelac has published recently an article on the current challenges to investor-state arbitration in Europe. The article comes almost as a birthday present, to celebrate one year after the CJEU published its famous Achmea ruling. The summary of the article reads as follows:
BUAK Bauarbeiter-Urlaubs- u. Abfertigungskasse v GRADBENIŠTVO KORANA
The CJEU published last week a judgment on a request for a preliminary ruling by the Vienna Labour and Social Security Court. The facts of the case are presented under recitals 21-31. The Austrian court referred the following question to the Court:
Following the signature of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms on March 2, 2017, the Hellenic Republic proceeded yesterday to its ratification. Article 1 of Law 4569/2019 reproduces the English version of the Protocol, coupled with a Greek translation. Articles 2-4 regulate formal issues, such as the procedure for submitting a request for advisory opinion (Article 1), the necessary content of the request and the latter’s notification to the parties (Article 3), and issues concerning the stay and reopening of national proceedings (Article 4).
The recognition of surnames determined abroad by virtue of a judgment or an administrative act has never attracted the attention of academics in Greece. The frequency of appearance concerning reported judgments is also scarce. In practice however, applications are filed regularly, mostly related with non EU-Member States. Until recently, recognition was granted by courts of law, save some minor exceptions, where the public order clause was invoked to deny recognition. A ruling of the Thessaloniki Court of Appeal from 2017 brings however an unexpected problem to surface.
Almost a year ago, the European Court of Human Rights issued a very interesting judgment on the interpretation of Article 8 ECHR, involving a couple (husband Greek, spouse Romanian) living with their two children in the city of Ioannina, Greece. The case found no coverage in Greece (and elsewhere), probably because it was not translated in English. Crucial questions related to the operation of the 1980 Hague Child Abduction Convention and the Brussels II bis Regulation were elaborated by the Court, which ruled that Greek authorities did not violate Article 8 ECHR.
Agatha Brandão de Oliveira, Senior Research Assistant at the University of Lucerne, brought to my attention a forthcoming publication bearing the above title. The official book launch will take place on February 7 in Paris
Silvia Marino has just published her new book on cross-border family patrimonial relationships. Here’s an abstract prepared by the author in English:
In a much anticipated outcome, the Grand Chamber of the European Court of Human Rights held unanimously that there had been a violation of Article 14 (prohibition of discrimination) of the European Convention on Human Rights, read in conjunction with Article 1 of Protocol No. 1 (protection of property) to the Convention.
The University of Prishtina is hosting on November 30 the 15th Regional Private International Law Conference. This year’s edition focuses on the 1982 Yugoslav Private International Law Act [“From the 1982 PIL Act towards new PIL Acts in the region”].
The draft agenda is as follows:
The International Court of Arbitration in affiliation with the Chamber of Commerce and Industry of the Kyrgyz Republic, in association with the the Asian International Arbitration Centre & the ICC International Court of Arbitration, is hosting an international conference on the New York Convention and its interaction with domestic laws of the Central Asian countries. The conference will take place in Bishkek on November 30, 2018.