e-News 2025/3

Editorial

Dear Colleagues,

On 10 and 11 November 2025, I had the great pleasure of welcoming many of you to Athens for the first seminar of the Hellenic Presidency. Those two days offered us not only the opportunity to exchange views, but also to reflect together on the most recent responses of European and international legislation and case law -including the jurisprudence of our own courts- to the climate crisis, as well as to over-tourism, a closely related phenomenon that is of particular concern to Southern European countries. We also enjoyed a visit to the Acropolis Museum and a dinner overlooking the Parthenon.

Now it is time to … get back to work for ACA-Europe. You should have received two questionnaires: (a) the questionnaire for the 2025 cross-sectional analysis, and (b) the questionnaire for the third seminar of the Hellenic Presidency, which will take place in Rhodes on 15 and 16 May 2026. The second seminar of the Presidency will be held in Leipzig on 2 February 2026. As you already know, the Leipzig seminar will invite us to reflect on the evolving scope and limits of judicial review, particularly in disputes of a highly technical nature. The Rhodes seminar will allow us to explore new developments in the organisation and functioning of public administration and administrative justice, focusing in particular on new forms of organisation of public administration, the financing of administrative structures and the recruitment to public service, as well as the delegation of administrative or possibly judicial tasks to private individuals.

The themes of these seminars reflect our shared effort, as supreme administrative courts, to respond thoughtfully and convincingly to the relevant challenges of our time. Yet other challenges extend well beyond our immediate professional concerns; they touch the very societies in which we are called upon to administer justice.

Wars, with tens of thousands of victims, on our borders, have understandably heightened citizens’ concerns about security across our continent. At the same time, there is a growing phenomenon of distrust -often amplified by social media- towards the institutions of liberal democracy and the European Union, which poses risks for the future.

In this broader climate the judiciary has inevitably been affected. We have seen challenges to the independence of international judicial institutions, such as the sanctions imposed on members of the International Criminal Court (see https://www.eeas.europa.eu/eeas/statement-high-representative-us-sanctions-against-two-deputy-prosecutors-and-two-judges_en), as well as attacks on the personal safety of judges themselves, following their public targeting by political actors and sections of the media. I am thinking in particular of the shocking killing of an Albanian colleague inside a courtroom last October. This event led the Board of our Association to issue a statement of solidarity with our Albanian colleagues, reaffirming a fundamental truth: that the exercise of our judicial duties presupposes the effective protection of our lives and dignity, and unwavering respect for our independence.

Our response to these developments cannot be a retreat from our shared European values - democracy, the rule of law and human rights. On the contrary, alongside continued legal and scholarly reflection, it must consist in a renewed and visible commitment to our values, with a clear awareness of their importance for the well-being and cohesion of European societies.

With these thoughts in mind, I invite you to begin preparing for the third seminar of the Hellenic Presidency. This will be the first seminar in which, following a decision of the Board, we will attempt a measured opening of the proceedings through online access for all members of our courts, allowing more colleagues to take part, even at a distance. And on this occasion too, as in Athens, we will endeavour to offer our traditional Greek hospitality, strengthening our professional and personal ties -despite those who would wish otherwise- within our shared European family.

Michail Pikramenos,
President of ACA-Europe
President of the Hellenic Council of State

Seminars, Colloquia, Board meeting and General Assembly

This autumn was marked by the successful seminar held in Athens on 10 and 11 November 2025. Focusing on the dual themes of climate change – “Climate change-crisis / Overtourism” – the event offered members an opportunity to reflect on the evolving challenges administrative courts face as they navigate increasingly complex environmental, social and regulatory landscapes.

In preparation for the seminar, and after receiving many completed questionnaires from no fewer than 33 institutions, members received the English and French versions of the General Report, divided into two parts: Part A, addressing issues related to the climate crisis, and Part B, examining the phenomenon of overtourism.

The questionnaire on Part A was divided into two sections: the first presents the regulatory framework in force in different countries—covering international, European and national law—while the second examines how this framework is applied by judges. As the leitmotiv of the Greek presidency 2025-2027 indicates (available here), the report seeks to explore the effectiveness and relevance of the traditional tools and methods available to judges when they are called upon to adjudicate disputes related to this pressing challenge.

Part B focuses on the main negative effects of overtourism, as identified in public debate and addressed by legislation and the courts. These include the saturation of carrying capacity in both urban and non-urban areas, the deterioration of living conditions in residential neighbourhoods, substantial increases in living costs and real estate prices—particularly affecting younger generations and low- and middle-income households—and a diminishing supply of long-term rental properties due to the expansion of short-term accommodation platforms. They also encompass overcrowding in city centres, coastal areas and islands, insufficient infrastructure, traffic congestion, pressure from tourism-related transport, the arrival of large numbers of cruise ships and daily visitors, and rising energy and water consumption. Additional concerns relate to damage to landscapes and seascapes, risks to cultural and natural heritage sites, intensified land use—particularly in coastal and island regions—and the excessive development of tourism to the detriment of agriculture, commerce and services aimed at meeting the needs of local residents.

Both parts of the General Report are now available on the association’s website, and a web summary will follow in due course.

Looking ahead, preparations continue for the upcoming seminar organized by the Federal Administrative Court of Germany, in close cooperation with ACA-Europe, to be held in Leipzig on 2 February 2026. Entitled “Redefining the terms and limits of judicial review, particularly in relation to disputes of a highly technical nature,” the seminar builds on the questionnaire circulated to members on 29 May 2025, with responses collected by 4 July ‘25. The official invitation, together with the preliminary programme, registration form and practical information, was sent to members on 12 November 2025. Additional materials, including the General Report and the final programme, will be made available to registered participants in due course, and the General Report will subsequently be published on the association’s website. As the registration deadline was 12 December 2025, we look forward to welcoming many members to what promises to be a rich and thought-provoking exchange.

Further ahead, members may already wish to note the dates for next spring’s meetings in Rhodes, Greece, where the Board will convene on 14 May 2026, followed by a seminar on 15 May and the General Assembly on 16 May 2026. The formal invitation to members will follow in due course. We look forward to seeing many of our members at our upcoming events.

Jurifast

The following decisions have been selected for you:

	Estonia Ruling of July 4, 2025 In this judgment, the Supreme Administrative Court of Estonia deals with the public disclosure of inaccurate criminal information. The applicant had initially been suspected of complicity in a bribery case in the private sector, but the proceedings had been dismissed. A subsequent press release from the public prosecutor's office mentioning the arrest of ten people suspected of money laundering disclosed their identities to the media, including that of the applicant. The latter sought public rectification and compensation for material and non-material damage. The court considered whether compensation should be governed by Article 82 of the GDPR or by national law. It found that both avenues were possible, but that the GDPR provided the most favourable basis, requiring “full and effective” compensation. The applicant was awarded €5,000 for non-material damage. http://www.aca-europe.eu/index.php/en/jurifast-en?ID=4570
	Netherlands Ruling of July 9, 2025 In this case, the Dutch State had imposed a fine of €500 on a foreign national benefiting from international protection for failing to pass the civic integration exam within the time limit. The State also demanded repayment of the €10,000 loan granted to finance the courses and the exam. The Dutch Council of State asked the Court of Justice of the European Union whether the Dutch civic integration scheme complies with Article 34 of Directive 2011/95/EU (the Qualification Directive). The high court also asked whether the principle that foreigners with refugee status must pay the full cost of integration measures is in line with the European directive on the conditions for granting refugee status. The Council of State also asked the CJEU whether the repayment of such a high loan and the amount of the fine hinder the integration of beneficiaries of refugee status. The CJEU answered the questions posed by the Dutch Council of State and ruled on the obligation for beneficiaries of international protection to pass a civic integration exam. It first pointed out that a Member State may legally impose an integration exam, but only within the strict limits set by Article 34 of Directive 2011/95/EU: - The assessment must consider the specific needs of protected persons, including their vulnerabilities, migration history and the actual obstacles to their integration. - The level of requirements must be proportionate: it must not exceed what is necessary to facilitate integration and must not constitute a disguised barrier to maintaining status. - An exemption must be provided if the person demonstrates that they are already effectively integrated. Regarding penalties, the Court is explicit: an automatic fine in the event of failure or an excessively high amount constituting an unreasonable burden are contrary to EU law. Consequently, the Secretary of State could neither impose a fine on the foreign national benefiting from international protection nor demand repayment of the €10,000 loan used to finance the courses and the examination. http://www.aca-europe.eu/index.php/en/jurifast-en?ID=4303
	Portugal Ruling of July 2, 2025 In this judgment, the French CoIn this case, a US investment fund challenged a difference in taxation compared to resident investment funds.nseil d'Etat asks the Court of Justice of the European Union about the requirements applicable to consent in the context of electronic commercial canvassing. The Supremo Tribunal Administrativo confirmed that withholding tax applied to a US fund on dividends paid by Portuguese companies violates Article 63 TFEU. Resident collective investment undertakings are exempt, while non-residents are taxed. Based on the case law of the CJEU (in particular AllianzGI-Fonds AEVN), the Court ruled that the situations are comparable and that there is no valid justification for different tax treatment. The US fund obtained a full refund plus interest. http://www.aca-europe.eu/index.php/en/jurifast-en?ID=4587

ACA-Europe reminds its members that it is very important that follow-up decisions (national decisions following a judgment of the Court of Justice in a preliminary ruling) are systematically introduced in JuriFast when the national decision asking the question is included in the database.

At the same time, the ECJ asks ACA-Europe to inform its members so that they systematically send all follow-up decisions directly to the Court at the address of the functional mailbox Follow-up-DDP@curia.europa.eu.

Remember, the Jurifast RSS feed can be obtained at the following address: http://www.aca-europe.eu/index.php/en/jurifast-en (possibility to subscribe to an RSS feed).

Forum

The forum of ACA-Europe currently has 241 members from 34 institutions.

Since the last e-news, 6 new collective questions have been asked and 8 countries have actively participated with 17 answers: Austria, Belgium, Czechia, Estonia, France, Latvia, the Netherlands and Poland.

The following topics were discussed:

• AH, FN Judgment on Afghan Women (1 answer)
• Dublin regulation, B.F.K. judgment (1 answer)
• Access to Court Files and Provision of Information by National Courts (4 answers)
• Correction of ESPD-related mistakes after the application deadline (4 answers)
• Legal regime applicable to collective agreements made in the civil service (3 answers)
• Service of official documents by deposit (4 answers)

Access to the forum is reserved for the members of ACA-Europe, who can register for it at the following address: http://www.aca-europe.eu/forum/

Recent updates of CJEU ‘Flash News’ bulletins

From June 2022 onwards, all members of ACA-Europe are informed by ‘info flash’ of any recent updates of the CJEU ‘Flash news Bulletins’ published on the ACA-website.

For ease of access, please click the provided links to view the most recent editions.

ECHR: Flash 6/25 | Flash 7/25

Follow-up of preliminary ruling: Flash 4/25

National decisions of interest: Flash 3/25

Monthly case-law digest CJEU: August-September 2025 | October 2025 | November 2025

Judge Exchange

The General Secretariat has successfully concluded its 2025 judges’ exchange programme. Once again, the programme was a resounding success and feedback from the participating judges was positive. Early next year, the Secretary General will begin implementing the 2026 programme and will launch calls for applications for both host institutions and candidates for the 2027 judges’ exchange programme, with a view to submitting a selection proposal to the Board in Rhodes.

The Secretary General would like to extend his thanks to the Chief Justices of the host courts, without whom the implementation of this programme would not be possible. Such cooperation lies at the very heart of the Association. He therefore expresses his sincere gratitude to the hosts and all their staff.

e-Library of European administrative law

The e-Library of European administrative law, available here, contains high-level judicial and scientific references that cannot be found anywhere else or that only have restricted distribution overview.

The most recent contributions include:

• [ACA–Europe] Transversal analysis 2024: Mechanisms and Roles of Supreme Administrative Courts for ensuring the enforcement of judicial decisions.
• European Commission – DG Justice and Consumers, 2025 Rule of Law Report, Brussels, 2025
• ACA-Europe, Climate Change/Climate Crisis, Seminar organised by the Hellenic Council of State and ACA-Europe, Athens, 10-11 November 2025
• ACA-Europe, Overtourism, Seminar organised by the Hellenic Council of State and ACA-Europe, Athens, 10-11 November 2025

Have a look at our updated e-library here.

Call for contributions

We are actively seeking contributions to further enhance our collection. ACA-Europe welcomes submissions on a range of topics, including the hierarchy of norms, fundamental rights, the rule of law, access to justice, efficiency of administrative justice, European administrative law, and comparative procedural law. We strongly encourage submissions from both academic and policy/practice-based perspectives.

Are you acquainted with any noteworthy publications? Have you authored a piece related to European administrative law? Inform us, and we would be delighted to include it in our online collection. Reach out to us at anke.meskens@aca-europe.eu.

Members' News

If you have news to share with your ACA Europe colleagues, whether it's the appointment of a new chairman, a significant change in your institution's operations, or the organization of an (international) seminar, feel free to reach out to us at anke.meskens@aca-europe.eu. We welcome your updates and contributions.

In this issue

Editorial

Seminars, Colloquia, Board meeting and General Assembly

Jurifast

Forum

Recent updates of CJEU ‘Flash News’ bulletins

Judge Exchange

Cross-sectional analysis

e-Library

Members' News

Agenda

Cross-sectional analysis

2025

The Association’s Board has once again opted to contribute to the “EU Justice Scoreboard” (“administrative justice” component). This year’s topic is: “Economic Dimension of Administrative Court procedures – Mapping of competences and procedural mechanisms at the level of Supreme Administrative Courts for business-related procedures.”. The kick-off meeting of the 2025 cross-sectional analysis was held on 15 September in Rome, hosted by the Council of State of Italy.

During this meeting, the working group agreed on the scope of this year’s topic and identified three main parts of the questionnaire: institutional structure and specialization, procedural tools to enhance efficiency and access to justice, and the economic impact of SAC decisions. The group also outlined key sub-areas of interest, including permits, concessions, public procurement, tax, intellectual property, administrative delays affecting businesses, as well as any additional areas identified by the responding courts. Further discussions covered levels of specialization, efficiency mechanisms (including arrangements for mass litigation and interim measures), the use of preliminary reference procedures, and cost-related aspects such as legal aid and cost caps.

Following the allocation of tasks and the establishment of the methodology and timeline, the members of the working group began drafting the questionnaire. A first draft was discussed during the second meeting of the working group, held on Friday 31 October 2025. The questionnaire was sent to all member institutions on 15 December 2025.

Active participation is strongly encouraged. The deadline for participation is Friday 30 January 2026, 17h00 (Brussels time).