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Free Movement of Workers and Old-age Benefits: The Court of Justice of the European Union’s Standpoint in Commission v. Cyprus (C-515/14)


Keywords: movement – workers – pensions – age – civil servants.

In its recent judgment Commission v. Cyprus,[1] the Court of Justice of the European Union (CJEU) stated that a domestic norm, which prevents Cypriot civil servants under the age of 45 to fully benefit from the...

Pena de Prisión e inmigración irregular: comentario a la sentencia del Tribunal de Justicia de la Unión Europea en el asunto C-290/14, Celaj


Abstract: This case deals with the relation between national criminal Law and the European legislation on migration. More precisely, it tackles the compatibility of the imposition of a custodial sentence to a non-European citizen in an irregular situation under the Return Directive 2008/115/CE. Unlike the previous cases in which the Court of Justice...

The Proposed Interinstitutional Agreement on Better Regulation, Are There Any Elephants in the Room?


Keywords: regulation – institutions – legislation – transparency – accountability.

On 15 December 2015, the Commission endorsed a new Interinstitutional agreement on better regulation that will enter into force once approved by all three institutions.[1] This agreement has been adopted in the...

La Banque centrale européenne n’est pas responsable des pertes subies par les créanciers privés de la Grèce dans le cadre du plan de restructuration de la dette publique grecque


Abstract: While Greece was suffering from the pressure of the financial markets resulting from the financial crisis and the partial default situation in which it had to struggle, a set of measures was adopted by both the Eurosystem and the Greek legislator. Part of these was the Private sector involvement program and the controversial mechanism it...

The Inuit Tapiriit Kanatami II Case and the Protection of Indigenous Peoples’ Rights: A Missed Opportunity?


Abstract: On 3 September 2015 the EU Court of Justice dismissed the appeal against the judgment of 25 April 2013, case T-526/10, Inuit Tapiriit Kanatami et al. II, in which the General Court had refused to declare the invalidity of the basic Regulation (EC) No 1007/2009 on trade in seal products pursuant to Art. 277 TFUE. Among the issues...

Basi giuridiche supplementari, derivate e... abrogate? La Corte di giustizia conferma la validità della decisione che integra l’elenco di partner internazionali di Europol


Abstract: The comment focuses on three issues addressed by the ECJ in case C-363/14, European Parliament v. Council, concerning the validity of an implementing decision adopted on 6 May 2014, which amended the list of Europol’s international partners. The first issue concerns the choice of the legal basis for the decision. The second issue...

Il nuovo trattenimento dei richiedenti protezione internazionale


Keywords: international protection – detention – administrative detention – asylum – returning illegal immigrants.

Con il decreto legislativo del 18 agosto 2015 n. 142, entrato in vigore il 30 settembre 2015, sono state trasposte la direttiva 2013/32/UE del Parlamento europeo e del Consiglio del 26 giugno 2013...

La sentenza della Corte di giustizia nel caso Orizzonte Salute e il sistema italiano di contributi unificati cumulativi nei ricorsi in materia di appalti pubblici: ogni persona, che possa permetterselo, ha diritto di accesso alla giustizia?


Abstract: This Insight focuses on the recent judgment of the Court of Justice in Orizzonte Salute (case C-61/14). The Court was asked to clarify whether EU Law – more particularly Art. 1 of Directive 89/665/EEC of the Council on the coordination of the laws, regulations and administrative provisions relating to the application of...

Lo status del cittadino dell’Unione in cerca di occupazione: un limbo normativo?


Abstract: In Alimanovic (case C-67/14, 15 September 2015) the CJEU ruled that Member States nationals who are job seekers and resident in another MS can be excluded from the entitlement to certain benefits constituting social assistance within the terms of EU law, which are granted to nationals in the same position. The author argues that...

Schengen, Differentiated Integration and Cooperation with the ‘Outs’


Abstract: In case C-44/14, Spain v. European Parliament and Council, the Court of Justice of the European Union has had the opportunity to clarify the scope and effects of the British and Irish opt-out in the Schengen area. The Court held that a limited cooperation with those countries by means of international agreements in an area of the...