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European Papers - A Journal on Law and Integration, Vol. 5, 2020, No 3
European Papers is pleased to announce that its Issue No 3 in the Volume 5, 2020 is now available on-line....
European Forum - Special Focus on Pre-trial Detention and Its Alternatives Under EU Law
European Papers is pleased to announce the launch of a Special Focus on pre-trial detention and its alternatives under EU law...
European Forum - Special Focus on COVID-19 and the EU
European Papers is pleased to announce the launch of a Special Focus on COVID-19 and the EU, edited by Charlotte...
Latest Insights on the European Union and the European Integration
Defining the Boundaries of the Future Common European Asylum System with the Help of Hungary?
Abstract: In December 2020, the Grand Chamber of the CJUE has confirmed that Hungary has failed to fulfil its obligations under EU law in the area of procedures for granting international protection and returning illegally staying third-country nationals. The judgment in the case Commission v Hungary (case C-808/18 ECLI:EU:C:2020:1029) is...
In the Name of the Rule of Law? CJEU Further Extends Jurisdiction in CFSP (Bank Refah Kargaran)
Abstract: In Bank Refah Kargaran (case C-134/19 P Bank Refah Kargaran v Council ECLI:EU:C:2020:793), the Court of Justice decided that it has jurisdiction to award damages for non-contractual liability incurred by the EU for harm caused by certain restrictive measures in Common foreign and security policy (CFSP) decisions. In so...
The Digital Markets Act Proposal of the European Commission: Ex-ante Regulation, Infused with Competition Principles
Abstract: This Insight on the legislative proposal for a Digital Markets Act (DMA), issued on 15 December 2020 by the European Commission, discusses the importance of clearly delineating the objectives under which enforcement of the said act will take place. This is necessitated because of the closeness, if not overlap with the domain of EU...
La prima decisione sul Regolamento Roma III e la legge italiana sul divorzio: le difficoltà del giudice straniero il cui ordinamento non conosca l’istituto della separazione legale
Abstract: EU Member States have different understanding as to divorce and separation proceedings. While some States only have divorce and do not know separation proceedings, others will consider both proceedings as alternative remedies in matrimonial claims. Italy is the only MS where a legal separation proceeding is a necessary precondition to file...
The E.E. Decision Sheds Light on Notaries Acting as 'Courts' and on a Few Other Notions Within the Context of the Succession Regulation
Abstract: The preliminary questions of the Supreme Court of Lithuania in case E.E. (C-80/19) presented a unique opportunity to provide a more detailed and comprehensive interpretation of several provisions of the Succession Regulation. Responding to them, in its judgment of 16 July 2020 the CJEU discussed the understanding of the cross-...
La sentenza Bank Refah Kargaran: l’evoluzione del controllo giurisdizionale sulla PESC
Abstract: In the Bank Refah Kargaran judgment (case C-134/19 P, judgment of 6 October 2020) the Court of Justice adds the action for damages against CFSP decisions to the list of legal remedies available to individuals targeted by EU restrictive measures. After a brief overview of the case, this Insight examines the reasoning of...
Stranieri trattenuti alle frontiere esterne dell’Unione: il quadro di garanzie individuato dalla Corte di giustizia e le sfide del Nuovo patto sulle migrazioni e l’asilo
Abstract: This Insight discusses the Court of Justice’s judgment of 14 May 2020 in the joined cases C-924/19 and C-925/19, which concerned two couples of asylum seekers detained in the Röszke transit zone, at the Hungarian-Serbian border. The analysis focuses on the approach followed by the Court, that has addressed several issues under EU...
Latest Highlights on the European Union
Commission c. Italie, affaire C-644/18: nouveau manquement d’Etat au regard de la directive 'qualité de l’air'
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...
A New EU Sanctions Regime Against Human Rights Violations
Keywords: Restrictive measures – Common Foreign and Security Policy – EU smart sanctions – human rights violations – EU external action.
On October 19, the European Commission and the High Representative of the EU for Foreign Affairs and Security Policy, Joseph Borrell, put forward a Joint Proposal for a...
Latest Highlights on the European Integration
Special Focus on Pre-trial Detention and Its Alternatives Under EU Law: An Introduction
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...
Diritti dei passeggeri nel mercato aereo tra libera concorrenza e trasparenza tariffaria: brevi note a margine del caso Ryanair c. AGCM
Keywords: internal market – competition law – unfair commercial practices – pricing policies – additional charges – transparency.
Con la sentenza Ryanair Ltd. c. AGCM,[1] depositata lo scorso 23 aprile 2020, la Corte di giustizia è intervenuta sulle...
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