Abstract: In the past decade, Hungary and Poland have experienced a process of rule of law backsliding that threatens the state of democracy at home, and affects the decision making and legitimacy of the European Union as a whole. In the face of Russia’s war of aggression against Ukraine, the response of Hungary and Poland has been diametrically opposed, but...
Keywords: joint investigation team – Eurojust – Russia-Ukraine war – International Criminal Court – Office of the Prosecutor – positive complementarity.
A Joint Investigation Team (JIT) can be set up on the basis of an agreement between two or more member States of the European Union (EU) and/or other parties...
Abstract: In the judgment handed down on 9 November 2023 by the Court of Justice in Staatsanwaltschaft Aachen, the Court has acknowledged that the two-step test aimed at protecting fundamental rights, which was developed in relation to the European Arrest Warrant in Aranyosi and Căldăraru and confirmed by subsequent judgments – in...
Abstract: This Insight explores the legal terrain surrounding constraints on repurposing of state-affiliated property (both state-owned and private assets affiliated with the state) to compensate for human rights violations caused by Russia's invasion of Ukraine. It briefly examines evolving norms regarding sovereign immunity, third-party...
Abstract: The candidate country status for Ukraine was justified and widely supported by the EU institutions and EU Member States because of Russia’s brutal invasion of Ukraine in February 2022. However, Ukraine’s accession to the EU is not going to be an easy ride. It is the first case in history of EU integration when a candidate country that...
Abstract: The conflict in Ukraine, triggered by the Russia’s act of aggression in March 2014 and, in full scale, in February 2022, has had a profound impact on the human rights situation not only in Ukraine itself but also in the Member States of the European Union. This impact manifests itself in three main areas. The first area concerns the...
Abstract: The Russian aggression in Ukraine led to the activation of the 2001 Temporary Protection Directive by the European Union to organise the reception of displaced persons fleeing the conflict. This is an unprecedented move, in the twenty years of its existence, this directive has never been implemented. It is therefore interesting to observe...
Abstract: The European Political Community (EPC) is an institutionalised but flexible forum for political coordination between European countries. It was established in the aftermath of the Russian invasion of Ukraine in 2022. While the EPC is only in its early stages, and therefore there is a significant element of volatility in the subject, this...
Abstract: The history of a unified European defence has persistently shaped the European Union's foreign policy, evolving over time. The EU has worked on a robust and coherent Common Foreign and Security Policy (CFSP), particularly boosted by the European Union Global Strategy (EUGS) in 2016, which was issued after external shocks threatened Europe...
Abstract: This Insight examines the discourse surrounding the instrumentalisation of migration and its impact on monitoring the EU’s external borders. It analyses the regulatory response, focusing on the Instrumentalisation Regulation, to determine if an exceptional emergency response is justified. The article explores recent arguments...
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