Religious Slaughtering, a Stunning Matter: Centraal Israëlitisch Consistorie van België and Others

Insight

Abstract: In Centraal Israëlitisch Consistorie van België and Others (case C-336/19 ECLI:EU:C:2020:1031) the Court of Justice held that EU Member States are allowed to require, in the context of ritual slaughter, a reversible stunning procedure which cannot result in the animal’s death. According to the Court, Regulation 1099/2009 on the...

The Use of the Charter and Pre-trial Detention in EU Law: Constraints and Possibilities for Better Protection of the Right to Liberty

Insight

Abstract: As EU criminal law has expanded over the years, so have the opportunities for the application of relevant provisions of the EU Charter of Fundamental Rights. The present Insight analyses the situations where the right to liberty has become relevant to pre-trial detention in areas covered by EU rules. It critically discusses the gaps of protection...

When Medical Treatment and Religious Beliefs Intersect: The Case of Veselibas Ministrija

Insight

Abstract: This Insight comments the judgment of the Court of Justice in Veselības ministrija (case C-243/19 ECLI:EU:C:2020:872) with a view to highlight its contribution to the effectiveness of equality in access to healthcare within the Union. After a brief introduction and contextualization of the case, this Insight...

Sensibilité(s) européenne(s) et sensibilité animale: l’affaire Centraal Israëlitisch Consistorie van België e a.

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Abstract: The Court of Justice of the European Union is once again invited to rule on the conciliation between animal welfare and freedom of religion. Mainly relying on the lack of consensus among the Member States, the Court finds that a national legislation introducing an obligation of reversible stunning is admitted according to Regulation (EC)...

Defining the Boundaries of the Future Common European Asylum System with the Help of Hungary?

Insight

Abstract: In December 2020, the Grand Chamber of the CJUE has confirmed that Hungary has failed to fulfil its obligations under EU law in the area of procedures for granting international protection and returning illegally staying third-country nationals. The judgment in the case Commission v Hungary (case C-808/18 ECLI:EU:C:2020:1029) is...

The E.E. Decision Sheds Light on Notaries Acting as 'Courts' and on a Few Other Notions Within the Context of the Succession Regulation

Insight

Abstract: The preliminary questions of the Supreme Court of Lithuania in case E.E. (C-80/19) presented a unique opportunity to provide a more detailed and comprehensive interpretation of several provisions of the Succession Regulation. Responding to them, in its judgment of 16 July 2020 the CJEU discussed the understanding of the cross-...

La prima decisione sul Regolamento Roma III e la legge italiana sul divorzio: le difficoltà del giudice straniero il cui ordinamento non conosca l’istituto della separazione legale

Insight

Abstract: EU Member States have different understanding as to divorce and separation proceedings. While some States only have divorce and do not know separation proceedings, others will consider both proceedings as alternative remedies in matrimonial claims. Italy is the only MS where a legal separation proceeding is a necessary precondition to file...

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...

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...

Commission c. Italie, affaire C-644/18: nouveau manquement d’Etat au regard de la directive 'qualité de l’air'

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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...

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