Abstract: A significant judgment of the Grand Chamber of the CJEU was handed down in case C-561/19 Consorzio Italian Management e Catania Multiservizi and Catania Multiservizi ECLI:EU:C:2021:799 (CIM) in October 2021 on the scope of discretion of national courts of last resort when deciding to make a preliminary reference under art...
Face aux déconvenues du contentieux climatique de l’Union européenne, les droits fondamentaux au secours du climat?Insight
Abstract: So far, climate change litigation in the European Union has been a disappointment, since the European Court of Justice denied the admissibility of two promising cases in 2021: Sabo ECLI:EU:C:2021:24 and Carvalho ECLI:EU:T:2019:252. Nonetheless, the European human rights litigation can still play a significant role in...European Papers, 18.05.2022 | Posted in
• The EU’s Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration
edited by Evangelia (Lilian) Tsourdi, Andrea Ott and Zvezda...European Papers, 15.05.2022 | Posted in
- NewsEuropean Papers, 13.05.2022 | Posted in
Abstract: The adoption of the EU carbon border adjustment mechanism raises several questions of compatibility with World Trade Organization (WTO) rules. Although the European Commission is presenting this measure as a “purely environmental” measure, it is, in reality, a trade defense measure that aims to protect the competitiveness of European...European Papers, 13.05.2022 | Posted in
Table of Contents: I. Introduction. – II. Shedding the light on the hotspots approach: legal framework and actors. – II.1. Legal and policy framework of the hotspots. – II.2. Main actors involved in the hotspots. – III. The fundamental rights violations in the hotspots and their reporting. – III.1. Which fundamental rights are being violated? – III....
Frontex’s Consultative Forum and Fundamental Rights Protection: Enhancing Accountability Through Dialogue?e-Journal
Table of Contents: I. Introduction. – II. Theoretical framework. – III. Frontex’s bumpy road towards fundamental rights protection. – IV. The Consultative Forum’s contribution to Frontex’s accountability. – IV.1. Political accountability. – IV.2. Legal accountability. – IV.3. Administrative accountability. – IV.4. Social accountability. – V....
The Next Phase of The European Border and Coast Guard: Responsibility for Returns and Push-backs in Hungary and Greecee-Journal
Table of Contents: I. Introduction. – II. Agencies and agencification. – III. Engagement in Greece in light of push backs and suspension of asylum law. – IV. Involvement at the Hungarian-Serbian border. – V. Expanding competences. – V.1. Standing corps of 10.000 border guards. – V.2. Returns. – VI. Responsibility implications. – VI.1. Liability in...
The EU Readmission Policy to the Test of Subsidiarity and Institutional Balance: Framing the Exercise of a Peculiar Shared Competencee-Journal
Table of Contents: I. Introduction. – II. Subsidiarity. – II.1. Subsidiarity and the exercise of the Union’s external competences. – II.2. The Union’s readmission policy to the test of subsidiarity. – III. Institutional balance. – III.1. Institutional balance in the area of readmission according to the Treaties. – III.2. The Union’s readmission...
Judicial Interactions on the European Return Directive: Shifting Borders and the Constitutionalisation of Irregular Migration Governancee-Journal
Table of Contents: I. Introduction. – II. “Immigration courts as border zones”: courts and judicial interactions in the field of irregular migration. – III. ”Is it a crime to be a foreigner?”: courts reconfiguring the borders between criminal law and the return directive. – IV. Detention as a tool to “reconfigure and relocate national borders”:...
Table of Contents: I. Introduction. – II. Quantitative analysis and scope of judicial competence in the external dimension of EU immigration and asylum policies. – III. Substantive inputs from the Court of Justice’s case-law on the external dimension of EU immigration and asylum policies. – IV. What is the Court of Justice’s role in this external...
The EU’s Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integratione-Journal
Table of Contents: I. EU’s shifting borders: an introduction. – II. Protecting borders and respecting human rights. – II.1. How to reconcile diverging constitutional objectives in light of hybridity and informality? – II.2. Which way forward with accountability? – III. EU’s external borders: of administrative integration and the physical and legal...
European Papers is glad to announce the publicaton of the following contributions in the next issues of the e-Journal....European Papers, 13.05.2022 | Posted in
European Forum - Special Focus on 'Instrumentalisation of Migrants, Sanctions Tackling Hybrid Attacks and Schengen Reform in the Shadows of the Pact'News
European Papers is pleased to announce the launch of a Special Focus on 'Instrumentalisation of Migrants, Sanctions...European Papers, 11.05.2022 | Posted in
Abstract: To properly understand the various factors that have been conducive to diplomatic tensions between Spain and Morocco, following the mass arrival of migrants crossing the border of the Ceuta enclave in May 2021, we need to move the debate beyond the recurrent reference to “blackmail”. The instrumentalization of migration for political and...European Papers, 11.05.2022 | Posted in
Il commercio parallelo di farmaci tra libera circolazione delle merci e prospettive evolutive nell’ambito della nuova Strategia farmaceutica per l’EuropaInsight
Abstract: Parallel trade of pharmaceuticals is one of the most contended issues emerging from this industrial sector, which requires to strike a sensitive balance between the fundamental tenets of the internal market (particularly the free movement of goods), the Member States’ competence in regulating the prices of medicines and the conflicting...European Papers, 06.05.2022 | Posted in