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The Dublin III System: More Derogations to the Duty to Transfer Individual Asylum Seekers?

Insight

Abstract: In the C.K. et al. v. Republika Slovenija ruling (judgment of 16 February 2017, case C-578/16 PPU), the Court of Justice ruled that the transfer of the asylum seeker should be suspended if the particular medical condition of the applicant is so serious as to provide substantial grounds for believing that the transfer would result...

Il seguito del caso Taricco: l’Avvocato generale Bot non apre al dialogo tra Corti

Insight

Abstract: The reference of the Constitutional Court for a preliminary ruling under Art. 267 TFEU in the follow-up of the Taricco case (Court of Justice, judgment of 8 September 2015, case C-105/14, Taricco et al. [GS]) should not be read as a bold challenge to the Court of Justice’s ruling, but as an opportunity for a real dialogue...

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?

Insight

Abstract: In Front Polisario (judgment of 21 December 2016, case C-104/16 P, Council of the European Union v. Front Polisario [GC]), the Court of Justice was called to assess the validity of a decision that had concluded an agreement providing for reciprocal liberalisation measures on agriculture and fishery products between the EU...

L’accesso al mercato delle concessioni delle aree demaniali delle coste marittime e lacustri tra tutela dell’investimento ed interesse transfrontaliero certo

Insight

Abstract: The debate about the access to the Italian market of maritime (and lakeside) concessions has not ended yet. In 2008, the European Commission opened an infringement procedure against Italy, alleging that the regime of the preferential rights to the state-owned maritime property concessionaires was inconsistent with Art. 49 TFEU and with the...

El destino de los libros olvidados

Insight

Abstract: The Court of Justice has recently analysed the compatibility of the French regulation about certain uses of out-of-commerce works with the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (judgment of 16...

Positioning Efler in the Current Narrative of European Citizens’ Initiatives

Insight

Abstract: Efler (General Court, judgment of 10 May 2017, case T-754/14, Efler et al. v. Commission) is the last in a stream of cases dealing with the European Citizens’ Initiative (ECI). This Insight seeks to position Efler in the current narrative of ECIs taking into account the Commission’s powers – as well as...

Atti di forze armate e terrorismo in tempo di conflitto possono coincidere? La sentenza della Corte di giustizia nel caso A et al.

Insight

Abstract: In A et al. (judgment of 14 March 2017, case C-158/14), the Court of Justice of the EU has been called upon for a preliminary ruling concerning the interpretation and validity of a decision taken by the Council in 2006 to include the Liberation Tigers of Tamil Eelam (LTTE) in the list of terrorists in pursuance of the UN...

Recommandations à l’attention des juridictions nationales: changement et continuité

Insight

Abstract: The latest version (published on the 25 November 2016) of the recommendations of the Court of Justice of the European Union to national courts and tribunals, in relation to the initiation of preliminary ruling proceedings, is the actualisation of the former version of 2012. This new version introduces little change, in both the substance...

La Cour de justice et la mise en balance des intérêts dans le contexte de crise financière: la décision Dowling et al.

Insight

Abstract: The European Court of Justice ruled in November 2016 on a case where shareholders of a private bank were opposing the Republic of Ireland over recapitalisation measures taken by this Member State against the bank in order to obtain financial assistance from the institutions of the European Union (judgment of 8 November 2016, case C-41/15...

Judicial Cooperation, Transfer of Prisoners and Offenders’ Rehabilitation: No Fairy-tale Bliss. Comment on Ognyanov

Insight

Abstract: This Insight analyses the first preliminary ruling (Court of Justice, judgment of 8 November 2016, case C-554/14, Ognyanov [GC]) concerning a provision of the Council Framework Decision 2008/909/JHA on the cross-border transfer of prisoners in the EU. The Court of Justice clarifies the notion of enforcement of the...

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