Printer-friendly version

Aucune justification du refus de participer au mécanisme temporaire de relocalisation de demandeurs d’une protection internationale

Insight

Abstract: In the case Commission v. Hungary, Poland and Czech Republic (judgment of 20 April 2020, joined cases C-715/17, C-718/17 and C-719/17), the Court of Justice clarified the scope of Art. 72 TFEU in the context of relocation of applicants for international protection during the 2015 “refugee crisis”. The Court held that it is not...

European Solidarity in Times of Emergency: An Introduction to the Special Focus on COVID-19 and the EU

Highlight

Keywords: COVID-19 and the EU – European Solidarity – EU Values – EU Policies – EU Competences – New Research Paths.
 

On 13 March 2020, the World Health Organization (WHO) declared Europe the active centre of the COVID-19 pandemic. One month later, on 14 April 2020, several European Union Member States were...

Citizenship, Coronavirus and Questions of Competence

Insight

Abstract: Restrictions on movement imposed in all Member States have necessarily resulted in a restriction of free movement rights of Union citizens, albeit in an incidental manner. These restrictions are nonetheless facilitated by the relevant provisions of primary and secondary law. This is appropriate in light of the multi-level system of...

International and European Emergency Assistance to EU Member States in the COVID-19 Crisis: Why European Solidarity Is Not Dead and What We Need to Make It both Happen and Last

Insight

Abstract: It is of course too early to draw conclusions about the European Union’s response to the COVID-19 crisis in its Member States while we are still in the midst of the health crisis. On the other hand, it is already possible to correct the widely shared first impression that European solidarity had been shattered. The available public data...

The COVID-19 Emergency and the Reintroduction of Internal Border Controls in the Schengen Area: Never Let a Serious Crisis Go to Waste

Insight

Abstract: The Insight analyses the wave of internal border control reintroductions following the COVID-19 outbreak. It addresses the relevant legal framework and discusses the possible implications for the Schengen Area, in the light of the recent practice of highly disputed prorogations of border controls and of the pending reform of the...

Rethinking Solidarity in View of the Wanting Internal and External EU Law Framework Concerning Trade Measures in the Context of the COVID-19 Crisis

Insight

Abstract: The present Insight looks at the EU and the international law framework concerning trade measures in the context of the COVID-19 crisis, focusing on export restrictions. As is shown, the legal framework is fairly permissive with regard to EU Member States, but also the EU as an international actor. Taking into account economics–...

The Gaps in Judicial Accountability of EASO in the Processing of Asylum Requests in Hotspots

Insight

Abstract: This Insight explores the interaction between the European Asylum Support Office (EASO) and the national authorities in the EU border and asylum regulatory framework of the ‘hotspot approach’. Although the mandate of EASO foresees that the agency is merely to provide support and assistance to the competent authorities in relation...

The Aletho Judgement: UNRWA Protection as Grounds for Exclusion from Refugee Status and Inadmissibility of an Application for International Protection

Highlight

Keywords: UNRWA – asylum – inadmissibility of application – exclusion – first country of asylum – ex nunc examination.
 

Directive 2011/95[1] establishes in Art. 12 exclusion cases from refugee status, which include cases where the applicant is under the “...

Asylum and Return: The Gnandi Case, or a Clarification of the Right to an Effective Remedy

Insight

Abstract: In Gnandi (Court of Justice, Judgment of 19 June 2018, case C-181/16 [GC]), the Court of Justice has clarified under which conditions a negative asylum decision may be combined with a return decision and which effects the combination of the two has in the light of the right to an effective remedy.

...

Shedding Light on the Protective Regime for Unaccompanied Minors Under the Family Reunification Directive: The Case of A and S

Insight

Abstract: Family reunification constitutes one of the most pressing human rights issues for refugees, who are especially unaccompanied minors. Yet, the practical effectiveness of such a right is not always adequately ensured. Drawing from the recent decision of the Court of Justice in A and S (judgment of 12 April 2018, case C-550/16), the...

Pagine