Public Law

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Recent Articles

  •  
    13/03/2024
    International

    After EU Commission's first decision on Carbon Contracts for Difference, Germany initiates bidding of EUR 4bn

    The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Following the Commission's decision, on 12 March 2024 the German Federal Ministry for Economic Affairs and Climate Protection (BMWK) initiated the first bidding process with a total volume of EUR 4bn. With this funding scheme, Germany is taking a pioneering role in Europe and internationally in the field of state aid for climate protection. Concept of contracts for differenceA contract for difference entitles...
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  •  
    23/02/2024
    Scotland

    Scottish wildcat group’s challenge to windfarm permission unsuccessful

    Wildcat Haven, a community interest company, sought to challenge the decision of the Scottish Ministers to grant permission for construction of a new wind farm at Clashindarroch Forest in Aberdeenshire. The Court held that Wildcat Haven had failed to establish that the decisions were attended by any error of law and there was therefore no scope for intervention by the court.In June 2023 Vattenfall’s application for the construction of a new wind farm in Clashindarroch Forest was granted under section 36 of the Electricity Act 1989 by the Scottish Ministers. The petitioners, Wildcat Haven,...
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  •  
    16/02/2024
    Switzerland

    "Minor revision" to be made to the Swiss Federal Supreme Court Act

    DE
    BackgroundIn the years 2008 to 2013, the federal administration of justice was evaluated, leading to the identification of the following three problems: the Federal Supreme Court is overloaded, primarily due to the increase in appeals in criminal cases. The evaluation also exposed a misdirection of the workload, since the Federal Supreme Court must deal with numerous cases lacking practical relevance, while jurisdiction is partially excluded for cases that are crucial for uniformity of law and legal development. Furthermore, certain gaps in legal protection were also identified.The failure of the...
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  •  
    29/01/2024
    United Kingdom

    ClientEarth v FCA - The IEA and The Strength of the North Sea

    SummaryClientEarth’s renewed application for permission to apply for judicial review of the decision of the Financial Conduct Authority (the “FCA”) to approve the prospectus of Ithaca Energy plc (“Ithaca”) has been refused by the High Court.   The high-level approach taken by the court to evaluating the risk factors in Ithaca’s prospectus and the Court’s emphasis on the expertise of the FCA as regulator in this area combined with the decision to refuse ClientEarth the cost protection afforded by the Aarhus Convention may serve to deter similar claims...
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  •  
    23/01/2024
    United Kingdom

    Universities and the Procurement Act 2023

    The legal landscape in the UK for procurement is changing this year. This quick update summarises the impact this may have on UK universities.To the extent a university considers its activities to be caught by the current procurement regulations (there are separate Scottish and English regulations), the new Procurement Act 2023 will have an impact on its procurement activities.  It is worth noting that some universities do not consider their activities to be regulated. For universities in Scotland, the Public Contracts (Scotland) Regulations 2015 (which derive from EU Directives) continue...
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  •  
    02/01/2024
    United Kingdom

    From Retained EU Law to Assimilated Law: A new perspective this New Year

    As we enter the New Year, the legal landscape of the United Kingdom is undergoing a significant transformation. The UK domestic law that originated from EU obligations, known as “retained EU law”, is now being re-labelled as ‘assimilated law’ because of the Retained EU Law (Revocation and Reform) Act 2023 (“Retained EU Law Act”). This change reflects a shift in the domestic status and treatment of assimilated law, with the goal of progressing the domestication or assimilation of EU law in the UK.BackgroundRetained EU law was created by the European Union (Withdrawal)...
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