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European Papers is pleased to announce that its Issue No 1 in the Volume 6, 2021 is now available on-line....
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European Forum - Latest Insights and Highlights
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European Papers is glad to announce the publication of the following Insights and Highlights on the European Forum....
EP-JMN Summer School - Gaetano Morelli Lectures "An International Law of the European Union?" (6-8 October 2021) – Sapienza University of Rome
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European Papers is pleased to announce that the European Papers Jean Monnet Network Summer School - Gaetano Morelli Lectures (6th Edition 2021) "An International Law of the European Union?" will be held at the...
European Papers - A Journal on Law and Integration, Vol. 5, 2020, No 3
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European Papers is pleased to announce that its Issue No 3 in the Volume 5, 2020 is now available on-line....
Latest Insights on the European Union and the European Integration
Politica dei visti e stato di diritto: il difficile equilibrio tra sovranità e garanzie procedurali nella giurisprudenza della Corte di giustizia
Insight
Abstract: Third country nationals are in a “weak” position when it comes to issuing a uniform Schengen short-term visa. The EU acquis on visas, and most notably the Visa Code, is still a domain strongly marked by State sovereignty, wide margin of appreciation and scarce transparency in the decision-making process. The EU Court of Justice...
Generalstaatsanwaltschaft Berlin: A Further Development of Extradition Rules of Union Citizens to Third Countries
Insight
Abstract: Case C-398/19 Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) introduces relevant developments to the case-law on extradition of Union citizens to third countries. The Court of Justice establishes that the rules defined in its previous case-law apply to a Union citizen who has acquired the nationality of a Member...
Case Prokuratuur: Proportionality and the Independence of Authorities in Data Retention
Insight
Abstract: Records of electronic communication metadata allow detailed conclusions about habits of daily life, such as places of residence, activities carried out, or social relations. This data can therefore be useful in criminal investigations. The CJEU elaborated in case Prokuratuur (case C-746/18 ECLI:EU:C:2021:152) on the conditions of...
The Application of Art. 10 of Brussels II-Bis to Children Abducted Out of the EU: The Last UK Reference on Family Law?
Insight
Abstract: Upon probably the last reference from the UK on Family Law, in SS (case C-603/20 PPU ECLI:EU:C:2021:231) the CJEU was asked to rule, on the application of art. 10 of Brussels II-bis where a child, formerly habitually resident in a Member State, is abducted to and becomes resident in a third State. This Insight....
Council Recommendation for Promoting Cooperation and Solidarity Amongst the Member States: A Far Enough Step?
Insight
Abstract: The COVID-19 pandemic has prompted many EU Member States to introduce unilateral and diverse travel restriction measures and border controls. European Treaties do allow the Member States to derogate from free movements on the grounds of public health, however, the imposition of inconsistent and diverse restrictions threaten the integrity...
The Court of Justice’s Self-restraint of Reviewing Financial Assistance Conditionality in the Chrysostomides Case
Insight
Abstract: In the Chrysostomides case (joined cases C-597/18 P, C-598/18 P, C-603/18 P and C-604/18 P Council v Chrysostomides & Co. and Others ECLI:EU:C:2020:1028), the Court of Justice (ECJ) confirmed its previous finding that the Eurogroup has only an informal and intergovernmental nature. Building on the cases Ledra...
On the Futility of Expelling Poor Union Citizens in an Open Border Europe
Insight
Abstract: What is the point of expelling illegally residing EU citizens when they would be able to immediately return in an open-border Europe? This Insight critically discusses the opinion by Advocate-General Rantos in the FS v Staatssecretaris van Justitie en Veiligheid case (C‑719/19), where an EU citizen had been expelled from...
Latest Highlights on the European Union
Does Stand-by Time Count as Working Time? The Court of Justice Gives Guidance in DJ v Radiotelevizija Slovenija and RJ v Stadt Offenbach am Main
Highlight
Keywords: working time – Court of Justice – stand-by time – rest period – Working Time Directive – health and safety.
On 9 March 2021, the Grand Chamber of the Court of Justice of the European Union (CJEU) added two judgments to a long line of case law interpreting the meaning of “working time” under art. 2 of...
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...
Latest Highlights on the European Integration
The European Commission Trade Policy Review: The Effectiveness of Sustainable Development Chapters in EU FTAs
Highlight
Keywords: EU policies – Common Commercial Policy – EU Trade Policy Review – Trade and Sustainable Development – external relations – Free Trade Agreements.
On 18 February 2021, the European Commission published its Trade Policy Review, entitled “An Open, Sustainable and Assertive Trade Policy”....
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...
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