Introduction. The ECHR in the ECJ’s Case Law Post-Charter: A Dual Perspective

e-Journal

Abstract: The relationship between EU law and the ECHR has undergone significant changes in recent decades. The EU has developed its own Charter of Fundamental Rights, gained powers to promote specific fundamental rights, and negotiations for EU accession to the ECHR are ongoing. These evolving parameters strengthen the interactions between the EU...

The Horizontal Equality Clauses (Arts 8 & 10 TFEU) and Their Contribution to the Course of EU Equality Law: Still an Empty Vessel?

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Table of Contents: I. Introduction. – II. Individual horizontal clauses as an empty vessel. – II.1. Equality concerns incorporated in EU law-making before the horizontal clauses. – II.2. No autonomous function for horizontal equality clauses. – III. The contribution of horizontal clauses to the crossing. – III.1. An aid in the case-law of the ECJ...

Institutionalising Solidarity: A Genuine Challenge for Europe

e-Journal

Table of Contents: I. Introduction. – II. A remarkable piece of scholarship for the conceptual approach chosen. – III. Reflecting on the foundational concept: the centrality of collective bargaining.

Abstract: In Solidarity and Conflict (Cambridge: Cambridge University Press, 2018),...

EU Citizenship, Access to “Social Benefits” and Third-Country National Family Members: Reflecting on the Relationship Between Primary and Secondary Rights in Times of Brexit

e-Journal

Table of Contents: I. Introduction. – I.1. Mapping out the constitutional and legislative framework for EU citizenship law. – I.2. The multiple constitutional functions of Art. 21 TFEU. – I.3. Tensions between primary and secondary law: the UK Settlement as an illustration. – II. Deconstitutionalising the perimeters of EU citizenship law: from ...

EU Citizenship in Times of Brexit – Introduction

e-Journal

Abstract: EU citizenship played a central role in the debate preceding the Brexit referendum and during the Brexit negotiations. It is inevitable, therefore, that, in the context of Brexit the concept of EU citizenship was and continues to be deeply challenged. This Special Section takes the process of Brexit and the challenges raised against the...

The Dublin III System: More Derogations to the Duty to Transfer Individual Asylum Seekers?

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Table of Contents: I. Introduction. – II. Facts and legal issues before the Court. – III. Key aspects of the opinion of the Advocate General and the judgment. – IV. Comments. – IV.1. One step forward. – IV.2. Mutual trust unaffected. – IV.3. The relationship with the ECHR and the case law of the European Court of Human Rights:...

The Dublin III System: More Derogations to the Duty to Transfer Individual Asylum Seekers?

Insight

Abstract: In the C.K. et al. v. Republika Slovenija ruling (judgment of 16 February 2017, case C-578/16 PPU), the Court of Justice ruled that the transfer of the asylum seeker should be suspended if the particular medical condition of the applicant is so serious as to provide substantial grounds for believing that the transfer would result...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo