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La selettività negli aiuti fiscali: estensione della nozione e limiti alla discrezionalità fiscale nazionale

Insight

Abstract: Selectivity is a tricky notion when applied to fiscal aid, mostly because of the peculiar structure of this type of aid. As recent tax ruling cases (such as Apple, Fiat and Starbucks) have shown, the definition of the notion of fiscal aid is becoming crucial in determining the relationship between supranational...

Humanitarian Visas and EU Law: Do States Have Limits to Their Discretionary Power to Issue Humanitarian Visas?

Insight

Abstract: In a context of serious humanitarian and human security concerns raised by large-scale forced migration arriving at the borders of European countries from the Middle East and Africa, the Court of Justice of the European Union has restrictively interpreted the rules on visas with limited territorial validity included in the Community Code...

A European Court of Human Rights’ Systematization of Principles Applicable to Expulsion Cases

Insight

Abstract: The European Court of Human Rights has developed a large case-law regarding expulsion cases, of which cases linked to asylum applications constitute a significant number. This Insight analyses the case of J.K. et al. v. Sweden [GC] (judgment of 23 August 2016, no. 59166/12), which constitutes an attempt on the part of the...

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...

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