January 2021 | European Papers

La sentenza Bank Refah Kargaran: l’evoluzione del controllo giurisdizionale sulla PESC
Insight
- 2126 views
Nicola Bergamaschi
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...
European Papers, 27.01.2021 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, The external action of the European Union
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
- 2382 views
Eleonora Celoria
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...
European Papers, 27.01.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, The European Integration Through Human Rights, Protection of human rights in Europe, Justice
The European Union Customs Administration and the Fight Against Fraud
Insight
- 3672 views
Mikel Erkoreka
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...
European Papers, 27.01.2021 | Posted in
The Constitutional Dimension of the European Union, Judicial review, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, The European Integration Through Human Rights, Solidarity and economic and social rights
'Restrictive Measures' Under Art. 215 TFEU: Towards a Unitary Legal Regime? Brief Reflections on the Bank Refah Judgment
Insight
- 3880 views
M. Eugenia Bartoloni
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...
European Papers, 27.01.2021 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, The external action of the European Union
A Critical Analysis on the European Union’s Measures to Overcome the Economic Impact of the COVID-19 Pandemic
Insight
- 13279 views
Jonatan Echebarria Fernández
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...
European Papers, 16.01.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Economic and monetary union, The International Dimension of European Integration, Economic, financial and social integration
Soft Law in EU Electronic Communications Regulation: A Bulgarian Case Study
Insight
- 2483 views
Georgi Sulev
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...
European Papers, 15.01.2021 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement
Halcyon Days for the Right to Silence: AG Pikamäe’s Opinion in Case DB v. Consob
Insight
- 2886 views
Anna Sakellaraki
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...
European Papers, 14.01.2021 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The European Integration Through Human Rights, Protection of human rights in Europe, Justice