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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....
European Forum Call for Contributions: Special Focus on 'The EU and Climate Change' – Deadline: 1 October 2021
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Climate change is undoubtedly one of the most, if not the most, significant challenges of the 21st century. The European Union and its Member States are beginning to develop various actions in this field, which we propose to analyze collectively in a Special Focus on "The European Union and climate change". From...
European Papers - A Journal on Law and Integration, Vol. 6, 2021, No 1
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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....
Latest Insights and Highlights on the European Union and the European Integration
New Clarifications on Ending the Union Citizen’s Right of Residence: The Grand Chamber Decisions of the European Court of Justice of 22 June 2021 in C-718/19 and C-719/19
Insight
Abstract: In two Grand Chamber decisions of 22 June 2021 (case C-718/19 Ordre des barreaux francophones and germanophone and Others ECLI:EU:C:2021:505; and case C-719/19 Staatssecretaris van Justitie en Veiligheid ECLI:EU:C:2021:506), the European Court of Justice (ECJ) delivered new clarifications on ending the Union citizen’s...
Sulla riformulazione dei criteri CILFIT: le Conclusioni dell’A.G. Bobek nel caso Consorzio Italian Management e Catania Multiservizi
Insight
Abstract: In its opinion of 15th April 2021 in case C-561/19, Consorzio Italian Management and Catania Multiservizi (ECLI:EU:C:2021:291) AG Bobek proposed to revise the CILFIT criteria which famously concern the duty of the National courts of last instance to request a preliminary ruling. After a brief analysis on the controversial...
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...
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