Quand l’urgence de santé publique fait son entrée parmi les catastrophes en droit de l’UE

Insight

Abstract: In response to the COVID-19 outbreak, EU’s reaction is mixed. It partly takes the form of a financial assistance to the Member States. Many funds are mobilized, for example the European Union Solidarity Fund which was set up to respond to major natural disasters and express European solidarity to EU countries and countries involved in...

The Gaps in Judicial Accountability of EASO in the Processing of Asylum Requests in Hotspots

Insight

Abstract: This Insight explores the interaction between the European Asylum Support Office (EASO) and the national authorities in the EU border and asylum regulatory framework of the ‘hotspot approach’. Although the mandate of EASO foresees that the agency is merely to provide support and assistance to the competent authorities in relation...

Religious Slaughtering and Organic Labels: Œuvre d’assistance aux bêtes d’abattoirs

Insight

Abstract: In Œuvre d’assistance aux bêtes d’abattoirs (judgment of 26 February 2019, case C-497/17 [GC]) the Court of Justice held that the EU organic label cannot be placed on meat products if the animal has been slaughtered in accordance with religious rites, when the animal was not stunned before killing. According to the Court, this is...

Jurisdiction in Matters of Parental Responsibility Between Legal Certainty and Children’s Fundamental Rights

Insight

Abstract: The impact of the protection of fundamental rights is a factor of increasing importance for the interpretation of EU private international law. In matters of parental responsibility, the application of the rules on jurisdictional competence contained in the Regulation (EC) 2201/2003 can have a significant bearing on the rights of the child...

Cordella et al. v. Italy: Industrial Emissions and Italian Omissions Under Scrutiny

Insight

Abstract: This Insight focuses on the judgment of the European Court of Human Rights of 24 January 2019, Cordella et al. v. Italy (joint applications n. 54414/13 and n. 54264/15), marking an important step in the judicial saga of the Ilva steel plant in Taranto. The Court unanimously established Italy’s responsibility in failing to...

The Aletho Judgement: UNRWA Protection as Grounds for Exclusion from Refugee Status and Inadmissibility of an Application for International Protection

Highlight

Keywords: UNRWA – asylum – inadmissibility of application – exclusion – first country of asylum – ex nunc examination.
 

Directive 2011/95[1] establishes in Art. 12 exclusion cases from refugee status, which include cases where the applicant is under the “...

Asylum and Return: The Gnandi Case, or a Clarification of the Right to an Effective Remedy

Insight

Abstract: In Gnandi (Court of Justice, Judgment of 19 June 2018, case C-181/16 [GC]), the Court of Justice has clarified under which conditions a negative asylum decision may be combined with a return decision and which effects the combination of the two has in the light of the right to an effective remedy.

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Consequences of Brexit for European Private International Law

Insight

Abstract: International jurisdiction, recognition and enforcement of judgments in Europe will be considerably affected by Brexit. The Brussels I regime threatens to fall back from the Recast Regulation to the outdated 1968 Convention, which the Withdrawal Agreement intends to prevent. An alternative might be the UK’s accession to the 2007 Lugano...

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