Shaping the Joint Liability Landscape? The Broader Consequences of WS v Frontex for EU Law

Insight

Abstract: The Insight delves into the CJEU judgment of WS et al. v Frontex, the first action for damages against the European Border and Coast Guard Agency, Frontex, for human rights violations at the EU's external borders. Despite the prevalence of systemic violations and heightened attention to the agency's...

Who are the Russian Oligarchs? Recent Developments in the Case Law of the European Court of Justice

Insight

Abstract: This Insight examines the developments in the EU restrictive measures against Russia in the aftermath of the full-scale aggression in Ukraine, focusing on the novel "(g) criterion" designed to target Russian businesspersons (often referred to as Russian oligarchs). The analysis illustrates the recent litigation before the General...

L’Europe est-elle queer? Homosexualité et valeurs de l’Union européenne

Insight

Abstract: One way of understanding the JK ruling is to see it as the symptom of a war of values within the European Union. In the context of “illiberal democracy”, the question of sexual identity resonates and conflicts with that of religious identity, creating a trouble within European values. In an attempt to resolve it, the jurisprudence tries to...

La directive 2000/78/CE au cœur de la politique sociale et des valeurs de l’UE. Les enjeux de l’arrêt J.K c TP S.A

Insight

Abstract: The J.K. v TP S.A ruling is an important judgment, and not only because it led the Court to settle main questions of substantive law. In the context of adapting social law to new forms of employment relations, the Court first clarified the personal scope of Directive 2000/78/CE. Secondly, it addressed the relationship between non-...

L’arrêt J.K. au prisme de la liberté contractuelle

Insight

Abstract: In the J.K. case, the CJEU condemned Polish legislation derogating, in the name of the freedom to choose a contract, from the prohibition of discrimination based on sexual orientation in employment and occupation. However, one may wonder about the scope of this decision concerning the exemptions permitted by Directive 2000/78 when...

La contribution de l’arrêt J.K. à la redéfinition des frontières du droit social de l’Union

Insight

Abstract: From an EU social law perspective, the decision of the Court of justice in J.K. appears prima facie to be a step forward in the construction of a universal labour law regime. However, the case strictly limits the progress towards an assimilation of the situation of employees and self-employed, in EU social law. First, by...

Mutual Trust and EU Accession to the ECHR: Are We Over the Opinion 2/13 Hurdle?

Insight

Abstract: After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns...

Battles on Different Fronts: The Role of the EU in Strengthening the Response of Ukraine to Gender-based Violence, Including Conflict-related Sexual Violence, Since Russia’s Invasion

Insight

Abstract: The Insight investigates the role of the EU in promoting gender equality and freedom from gender-based violence in Ukraine in the context of Russia’s war against Ukraine. By drawing on concrete examples of developments which took place at legal, justice-related and values-based dimensions through the framework of discursive...

The Joint Investigation Team in Ukraine: Challenges and Opportunities for the International Criminal Court

Highlight

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...

Staatsanwaltschaft Aachen, ovvero la tutela dei diritti fondamentali sulla base del test LM nelle procedure di trasferimento interstatale di detenuti

Insight

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...

Pages

e-Journal

European Forum

Archive

e-Journal

Forum Européen

Archives

e-Journal

Forum europeo

Archivio

e-Journal

Foro Europeo

Archive