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COMMENTS 

YES, for our Dignity

4 July 2015
In this post, Kalypso Nicolaïdis, Professor of International Relations at Oxford, and Othon Anastasakis, Director of the European Studies Centre, St Antony’s College Oxford, explain how a ‘yes’ vote in tomorrow’s Greek referendum is a choice for dignity rather than fear, as canvassed by the No campaign.
Prof. Kalypso Nicolaïdis 
Dr. Othon Anastasakis More...

Starts: Jul 4, 2015 12:00:00 AM

What precisely is the Greek government’s mandate?

Kira Gartzou, research assistant in European Studies, analyses the differences in views expressed by Syriza towards Europe, and in particular Germany, during its winning electoral campaign, and the views now portrayed in Syriza’s party newspaper since coming to power in January 2015. What implications may this have for the future of Greek negotiations with creditor institutions, and what is actually the mandate of the Greek government?
Dr. Kira Gartzou
25 June 2015 More...

Starts: Jun 25, 2015 12:00:00 AM

Extremism disenchanted: what role can education play?

Young people in the UK today who are attracted to extremism are typically well educated. Given the weaknesses of this ideology in terms of its use of history, internal coherence of arguments and moral standards, its success with many educated young people requires explanation. The explanation, according to Dr. Farid, is multifaceted but education has a big role to play in curbing the trend.
2 June 2015
Dr. Farid Panjwani More...

Starts: Jun 2, 2015 12:00:00 AM

New Britain & Europe policy briefing:Tax

8 July 2014

8 July 2014
This policy briefing discusses key issues regarding the recovery of overpaid tax and the role of the Court of Justice of the European Union (CJEU).

Part of our Britain & Europe series, the briefing considers the right to recovery of unlawfully levied tax in EU law, the role of national courts, and the consequences of the shift of competency from national courts to the CJEU that has taken place in the last decade. It concludes that whilst this move is positive in some respects, it also entails an important transfer of responsibility to the CJEU which must be properly discharged. There are a number of ambiguities, relating to the rules on causation, defences, and calculation of interest, which require further clarification. These matters are very technical but billions of pounds worth of liability turns on their proper analysis.

KEY CONCLUSIONS

  • There has been a shift in the approach of the CJEU with regard to the recovery of unlawfully levied tax. This has revealed a number of complexities which require further resolution.
  • It is important to ensure consistency between national courts in their approach to causes of action and defences.
  • There are significant complexities over the payment of interest, including the definitions of ‘loss’ and ‘adequate indemnity’.
  • There is a tension between the principle of effectiveness and legitimate expectations which could give rise to a discrepancy between EU and national law.

For further literature, see also our Online Resource Area on this topic.


Download the full Policy Briefing