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Trade Secrets and Whistleblower Protection in the European Union


Abstract: The recently adopted Trade Secrets Directive aims to increase incentives for cross-border innovation activities and business competitiveness in the European Union. Yet, the Directive has been controversial and criticized for failing to provide adequate safeguards for whistleblowers, i.e. individuals who expose information in the public...

La prima volta per la procedura di controllo sul rispetto dei valori dell'Unione prevista dall'art. 7 TUE? Alcune implicazioni per l'integrazione europea


Keywords: European Commission – recommendation – Art. 7 TEU – EU common values – rule of law – serious and persistent breach.

Con la raccomandazione del 27 luglio 2016[1] la Commissione europea ha proseguito la propria attività rispetto alla crisi costituzionale in...

The Regulation on the Provision of Emergency Support Within the Union: Humanitarian Assistance and Financial Solidarity in the Refugee Crisis


Abstract: Regulation 2016/369 establishes an emergency support mechanism for the provision of humanitarian aid in response to natural or man-made disasters giving rise to severe wide-ranging humanitarian consequences within the European Union. Although its scope of application is much broader, the Regulation has been adopted as an emergency measure...

Integration Through Residence Conditions? The Beneficiaries of Subsidiary Protection Confronted with the Janus-faced National Integration Policies


Keywords: integration - third country nationals - subsidiary protection - residence condition - conditionality - EU general principles.

Under the terms of Art. 79, para. 4 TFEU, integration of third country nationals legally residing in a Member State should fall under the category of complementary competences...

Illegal State Aids and Multinational Companies: The European Commission Decision on the Apple – Ireland Tax Ruling


Keywords: Apple – State aid – arm’s length principle – tax regulations – multinational companies – OECD guidelines.

In its decision of 30 August 2016 the European Commission found that Ireland granted undue tax benefits to Apple and that, as a consequence, that Member State is under the obligation to recover...

Avotinš v. Latvia. The Uneasy Balance Between Mutual Recognition of Judgments and Protection of Fundamental Rights


Abstract: The intersections between recognition and enforcement of foreign decisions in civil and commercial matters and protection of fundamental rights have been a subject of growing interest in the recent case-law of the European Court of Human Rights. The judgment of the Grand Chamber in Avotiņš v. Latvia is especially relevant, insofar...

The Proposal for a New Directive on Countering Terrorism: Two Steps Forward, How Many Steps Back?


Keywords: terrorism – foreign terrorist fighters – harmonisation of criminal offences – terrorist financing – victims – terrorist training.

Since the 9/11 attacks, the harmonisation of national legislations has been one of the yardsticks in the efforts made by the EU to fight terrorism. The landmark Framework...

Corporate Human Rights Responsibility, States’ Duty to Protect and UN GPs’ National Action Plans: Some Thoughts After the UK 2016 NAP Update


Abstract: With the recent update of its 2013 National Action Plan (NAP) the UK Government has given account of the process of implementation of the 2011 UN Guiding Principles on Business and Human Rights (GPs). In particular, the UK Government has listed the achievements made and the actions taken over the past two years in this regard. This ...

Different Arguments Lead to the Same Result: The Tobacco Products Directive Is Declared Valid by the Court of Justice


Abstract: On 4 May 2016, the Court of Justice of the European Union delivered its judgment in the case Philip Morris. For the first time, the reasoning of the Court does not focus exclusively on internal market issues but, instead, includes an analysis on fundamental rights and the principles of proportionality and subsidiarity. Following...

Base giuridica sostanziale e accordi “interpilier”: quale ruolo per il Parlamento europeo? Note a margine del caso Tanzania


Abstract: It has already been made clear in case-law that a European Union measure – including a decision approving an international agreement – may have a dual substantive legal basis. This is necessary wherever the measure simultaneously pursues a number of objectives, or has several components, which are linked to each other, without one being...