Stranieri trattenuti alle frontiere esterne dell’Unione: il quadro di garanzie individuato dalla Corte di giustizia e le sfide del Nuovo patto sulle migrazioni e l’asilo

Insight

Abstract: This Insight discusses the Court of Justice’s judgment of 14 May 2020 in the joined cases C-924/19 and C-925/19, which concerned two couples of asylum seekers detained in the Röszke transit zone, at the Hungarian-Serbian border. The analysis focuses on the approach followed by the Court, that has addressed several issues under EU...

A Critical Analysis on the European Union’s Measures to Overcome the Economic Impact of the COVID-19 Pandemic

Insight

Abstract: The EU has fast reacted in adopting a so-called Next Generation EU Recovery Plan (NGEU) and a 2021-2027 Multiannual Financial Framework (MFF) with the aim of overcoming the consequences of the disruptive COVID-19 pandemic for citizens’ health and businesses across Europe. However, there have been several political discussions during the...

Commission c. Italie, affaire C-644/18: nouveau manquement d’Etat au regard de la directive 'qualité de l’air'

Highlight

Keywords: environment – appropriate measures – pollution – human health – infringement procedure – air quality.
 

Le 13 octobre 2018, la Commission a saisi la Cour de Justice de l’Union européenne d’un recours en manquement à l’encontre de l’Etat italien au motif de la violation de la directive 2008/50/CE, dite...

Pre-trial Detention and EU Law: Collecting Fragments of Harmonisation Within the Existing Legal Framework

Insight

Abstract: Pre-trial detention has yet to be harmonised under EU law, although evidence points to an overuse that may affect mutual trust. Other instruments however exist that might impact on the way national authorities use pre-trial detention. In this Insight, we seek to detect fragments of harmonisation within the existing legal framework...

A New EU Sanctions Regime Against Human Rights Violations

Highlight

Keywords: Restrictive measures – Common Foreign and Security Policy – EU smart sanctions – human rights violations – EU external action.
 

On October 19, the European Commission and the High Representative of the EU for Foreign Affairs and Security Policy, Joseph Borrell, put forward a Joint Proposal for a...

Protecting Victims’ Rights Through the European Supervision Order?

Insight

Abstract: This Insight analyses the aim of victim protection in the Framework Decision 2009/829/JHA and its limited usefulness, despite being regarded as one of the main objectives of the recognition and enforcement of judicial decisions on supervision measures. After explaining the apparent aims of the Framework Decision, the Insight...

The Interplay Between the European Supervision Order and the European Arrest Warrant: An Untapped Potential Waiting to Be Harvested

Insight

Abstract: This Insight will discuss the European Supervision Order (ESO) in the context of its nexus with the EAW. It will give an overview of the ESO, focussing on the issue of the ways in which breaches of an ESO may be addressed. The argument is advanced that the ESO’s potential is currently untapped and that it has the ability to make...

Special Focus on Pre-trial Detention and Its Alternatives Under EU Law: An Introduction

Highlight

Keywords: European Supervision Order – pre-trial detention – alternatives – harmonisation – judicial cooperation in criminal matters – right to personal liberty.
 

The use and misuse of pre-trial detention is a recurring concern for national penal systems. While the deprivation of liberty pending judicial...

The COVID-19 Crisis and the Closure of External Borders: Another Stress-test for the Challenging Construction of Solidarity Within the EU?

Insight

Abstract: This Insight assesses the impact of the COVID-19 pandemic on the external borders of the EU. It first presents measures enacting the EU travel ban and also their implications on the European asylum system, as implemented by Member States’ administrations. In this context, it discusses some of the challenges which emerge: these...

The PSPP Judgment of the German Federal Constitutional Court: Throwing Sand in the Wheels of the European Central Bank

Insight

Abstract: After describing the measures adopted by the European Central Bank (ECB) to mitigate the crisis caused by the COVID-19 pandemic in the euro area, the Insight focusses on the repercussions of the controversial judgment adopted by the German Federal Constitutional Court (BVerfG) on 5 May 2020. It is contended that the criteria...

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