April 2019 | European Papers

The Tjebbes Fail
Insight
- 3683 views
Dimitry Kochenov
Abstract: This Insight briefly analyses ten most significant untenable assumptions underlying the Court of Justice’s ruling in Tjebbes (judgment of 12 March 2019, case C-221/17 [GC]), where the Court departed from earlier case-law by essentially tolerating the annulment of EU citizenship ex lege as a result of a non-...
European Papers, 25.04.2019 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Citizenship, The European Integration Through Human Rights, Citizenship and civil and political rights
Bold, but Without Justification? Tjebbes
Insight
- 4145 views
Martijn van den Brink
Abstract: Tjebbes (Court of Justice, judgment of 12 March 2019, case C-221/17 [GC]) builds on and extends the scope of a line of existing cases that has started to redefine the relationship between EU citizenship and Member State nationality. This Insight inquires on which legal grounds the Court of Justice could justify its bold...
European Papers, 25.04.2019 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Citizenship, The European Integration Through Human Rights, Citizenship and civil and political rights
Jurisdiction in Matters of Parental Responsibility Between Legal Certainty and Children’s Fundamental Rights
Insight
- 3623 views
Giacomo Biagioni
Abstract: The impact of the protection of fundamental rights is a factor of increasing importance for the interpretation of EU private international law. In matters of parental responsibility, the application of the rules on jurisdictional competence contained in the Regulation (EC) 2201/2003 can have a significant bearing on the rights of the child...
European Papers, 15.04.2019 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Judicial cooperation and private international law, The European Integration Through Human Rights, Protection of human rights in Europe
Cordella et al. v. Italy: Industrial Emissions and Italian Omissions Under Scrutiny
Insight
- 4988 views
Andrea Longo
Abstract: This Insight focuses on the judgment of the European Court of Human Rights of 24 January 2019, Cordella et al. v. Italy (joint applications n. 54414/13 and n. 54264/15), marking an important step in the judicial saga of the Ilva steel plant in Taranto. The Court unanimously established Italy’s responsibility in failing to...
European Papers, 15.04.2019 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Protection of human rights in Europe