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CETA and Global Governance Law: What Kind of Model Agreement Is It Really in Law?


Abstract: The EU-Canada Economic and Trade Agreement (CETA) provides for the free movement of goods, persons and capital to various degrees and its depth and breadth remain to be seen, as a high profile next generation WTO plus Agreement. CETA may well become a model for future mega regionals, for reasons of its new model and scope. It is quite...

A Br-Exit Strategy: Questioning Dualism in the Decision R (Miller) v. The Secretary of State for Exiting the European Union


Abstract: The authors offer an alternative reading of the judgment R (Miller) v. The Secretary of State for Exiting the European Union focusing on the dualistic v. monistic dichotomy which permeates the High Court’s reasoning. The authors argue that the Court strives for rendering a substantive reading of the relationship between...

The Dogan et al. v. Turkey Case: A Missed Opportunity to Recognise Positive Obligations as Regards the Freedom of Religion


Abstract: In the Doğan et al. v. Turkey case (judgment of 26 April 2016, no. 62649/10), the Grand Chamber of the European Court of Human Rights decided on an application made by several Turkish citizens belonging to the Alevi faith. They complained not to be able to enjoy the same guarantees granted to citizens of the Sunni branch of Islam...

The Pragmatism of the Court of Justice on the Detention of Irregular Migrants: Comment on Affum


Abstract: The recent Affum decision (judgment of 7 June 2016, case C-47/15) represents a new step forward in the case law of the Court of Justice on the detention of irregular migrants. The Court, departing from its previous case law in Achughbabian and El Dridi, adopts a rather pragmatic approach, preferring to stick...

A New Derogation to the Admissibility of an Application in Staff Cases: The Cerafogli Judgment


Keywords: EU staff – pre-litigation procedure – admissibility – plea of illegality – rule of correspondence – amicable settlement.

On 27 October 2016, the Extended Composition of the Appeal Chamber of the GC rendered the judgment in ECB v. Cerafogli.[1]...

A New Crack in the Wall of Mutual Recognition and Mutual Trust: Ne Bis in Idem and the Notion of Final Decision Determining the Merits of the Case


Abstract: The Insight considers the case law of the Court of Justice concerning the notion of “finally disposed”, i.e. a constitutive element of the European ne bis in idem principle. In order to trigger the right not to be tried or punished twice, a national decision must be final and has to contain a sufficient determination of...

Condizione di precarietà ed incertezza dei richiedenti protezione internazionale al vaglio della Corte europea dei diritti umani: in margine al caso B.A.C. c. Grecia


Keywords: protection of the right to private life – torture and inhuman or degrading treatment or punishment – Greek System of International Protection – repatriation – extradition –Turkey.

La recente sentenza B.A.C. c. Grecia[1] ha rappresentato l’occasione per una presa di posizione...

Du vin vieux dans de nouvelles outres? Réflexions sur la proposition de règlement “Dublin IV”


Abstract: The forced migration upsurge in 2015 prompted the recast of the Common European Asylum System (CEAS), intended to bring “more Europe” into the integrated management of the Area of Freedom, Security and Justice. This achievement is deemed to be fundamental by EU institutions, in order to cope with emerging centrifugal forces and to ensure...

License to Presume: The Compatibility Between the European Convention of Human Rights and Security Council Resolutions in Al-Dulimi and Montana Management Inc v. Switzerland


Abstract: The judgment of the Grand Chamber in Al-Dulimi and Montana Management Inc. v. Switzerland can be praised as an effort to avoid contradictions between the UN Charter and the European Convention of Human Rights. It is also a reminder that UN Sanctions Committees still fail to meet fair trial standards. However, the...

Al-Dulimi and Competing Concepts of International Organizations


Abstract: This Insight focuses on the two judgments of the European Court of Human Rights in the case Al-Dulimi and Montana Management Inc. v. Switzerland. It discusses the different approaches adopted by the European Court to deal with the responsibility of Member States of international organizations. It contends that the Court...