OS ECJ-TF 1/2020 on the General Court Decisions of 24 September 2019 in The Netherlands v. Commission (Starbucks) (Joined Cases C-760/15 and T-636/16) and Luxembourg v. Commission (Fiat Finance and Trade) (Joined Cases T-755/15 and T-759/15), on State Aid Granted by Transfer Pricing Rulings

Author(s):  
João Félix Pinto Nogueira
2019 ◽  
Vol 111 (3) ◽  
pp. 379-404 ◽  
Author(s):  
Stephan Schleim

Abstract ‘Neurolaw’ in the Netherlands: The justification of the new adolescent penal law from a neurophilosophical perspectiveThe possible and actual normative influence of neuroscientific research has been discussed in numerous publications. One particular part of that debate covered a number of US Supreme Court decisions since the early 2000s on the constitutionality of death or lifetime sentences for minor offenders. The present paper connects these topics to the new Dutch adolescent penal law which allows to treat adult offenders until the age of 22 years under certain conditions according to the rules for minors. The justification of this law referred to adolescents’ and young adults’ brain development in a unique manner. This paper does not only describe the essential steps of the lawmaking process and the legal justification of the new adolescent penal law, but also analyzes in depth in how far the used neuroscientific findings are able to support the normative conclusions.


2020 ◽  
Author(s):  
Oana Andreea Stefan ◽  
Katri Havu ◽  
Liisa Tarkkila ◽  
Marie Lamoureux ◽  
Nathalie Rubio ◽  
...  

2011 ◽  
Vol 2 (3) ◽  
pp. 356-372 ◽  
Author(s):  
Maria Elvira Méndez-Pinedo

This study focuses on the Icesave dispute and Icesave agreements between Iceland, the UK and The Netherlands in the light of European law (EU and EEA law) and explores two main issues: 1) the State liability for breaches of EU/EEA law on the basis of Directive 94/19/EC following a systemic bank collapse in Iceland; and 2) the principle of non-discriminatory interplay between the nationalisation of Icelandic banks (State aid) and the payment of the minimum guarantee of €20.887 to depositors of Icesave accounts in the branches of Landsbanki in the UK and The Netherlands. This dispute was handled through diplomatic negotiations. The author is highly critical of the methodology followed. This cross-border dispute brought to light new complex problems in a grey area of European law which should have been brought before the highest European courts. Icesave also seems to have turned Icelanders against the process of European integration and the EU.


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