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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....
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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 - Special Focus on Pre-trial Detention and Its Alternatives Under EU Law
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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
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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
La sentenza Bank Refah Kargaran: l’evoluzione del controllo giurisdizionale sulla PESC
Insight
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
Insight
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...
The European Union Customs Administration and the Fight Against Fraud
Insight
Abstract: The EU customs management system is based on uniform legislation that is implemented on a decentralised basis by the Member States. In theory, the Customs Union should operate as if it were one single administration. In practice, the non-harmonised and uncoordinated application of the common customs legislation disrupts the proper...
'Restrictive Measures' Under Art. 215 TFEU: Towards a Unitary Legal Regime? Brief Reflections on the Bank Refah Judgment
Insight
Abstract: In Bank Refah (judgment of 6 October 2020, case C-134/19 P) the Court of Justice provides important clarifications on the type of judicial remedies available in relation to CFSP decisions establishing restrictive measures. As in Rosneft, the Court seems to extend its jurisdiction beyond the so-called “claw-back” provision...
A Critical Analysis on the European Union’s Measures to Overcome the Economic Impact of the COVID-19 Pandemic
Insight
Abstract: The EU has fast reacted in adopting a so-called Next Generation EU Recovery Plan (NGEU) and a 2021-2027 Multiannual Financial Framework (MFF) with the aim of overcoming the consequences of the disruptive COVID-19 pandemic for citizens’ health and businesses across Europe. However, there have been several political discussions during the...
Soft Law in EU Electronic Communications Regulation: A Bulgarian Case Study
Insight
Abstract: Soft law adopted by the European Commission is an integral part of the EU regulatory framework for electronic communications networks and services, and has always played an important role in the regulatory process. In economic regulation under the framework, the use of binding legislation is limited to prescribing general regulatory powers...
Halcyon Days for the Right to Silence: AG Pikamäe’s Opinion in Case DB v. Consob
Insight
Abstract: The case DB v. Consob (request lodged on 21 June 2019, case C-481/19), pending before the Court of Justice, deals with preliminary questions referred by the Italian Constitutional Court on the applicability and scope of a natural person's right to remain silent during administrative proceedings which may lead to the imposition of...
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'
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...
A New EU Sanctions Regime Against Human Rights Violations
Highlight
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
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...
Diritti dei passeggeri nel mercato aereo tra libera concorrenza e trasparenza tariffaria: brevi note a margine del caso Ryanair c. AGCM
Highlight
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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