Printer-friendly version
RSS

Disorder and Discipline: The ECB’s Transmission Protection Instrument

Insight

Abstract: In the asymmetric Economic and Monetary Union “market discipline” has played an important and controversial role to compensate for the weakness of the legal framework as regards fiscal affairs. Both as an empirical matter of market behaviour and as a matter of the “no bail-out” clauses of arts 123 and 125 TFEU being effectively undermined...

The European Commission’s Instrumentalization Strategy: Normalising Border Procedures and De Facto Detention

Insight

Abstract: The global reform of the EU migration policy envisaged in the New Pact on Migration and Asylum is stalling. The increased number of arrivals from Belarus gave the European Commission the opportunity to change its approach in attempting to reform the European migration management. The Belarus crisis, influenced by the active involvement of...

Decentralized Finance and EU Law: The Regulation on a Pilot Regime for Market Infrastructures Based on Distributed Ledger Technology

Insight

Abstract: The decentralized issuance of financial instruments is presently problematic under EU law. This situation will change with the entry into force of the Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The Regulation provides for a regulatory sandbox – the pilot regime – that market operators...

Protecting Borders or Individual Rights? A Comparative Due Process Rights Analysis of EU and Member State Responses to ‘Weaponised’ Migration

Insight

Abstract: In recent years the EU and its Member States have claimed to be increasingly targeted by “weaponised” migration. Due to the contemporary sensitivity of migration-related issues in the EU, neighbouring states are supposedly using the threat of increased migration to force the Union’s hand in other policy areas. Below, several recent...

Schengen Reform: ‘Alternatives’ to Border Controls to Curb ‘Secondary Movements’

Insight

Abstract: A series of challenges and crises have highlighted the deficits of the ‘Schengen Αrea’ both regarding its external and internal borders. This resulted in the undermining of trust between the Member States which is essential to sustain an area free from internal borders. Thus, the EU Commission presented in December 2021 new rules to...

Le deroghe alla direttiva rimpatri all'ombra del Patto: strumentalizzazione dei migranti e riforma del meccanismo di valutazione e monitoraggio di Schengen

Insight

Abstract: Art. 2(2)(a) of the Directive 2008/115/EC (Return Directive) provides the conditions whereby the Member States can derogate from some provisions of the directive itself. An amendment to remove this clause is under discussion before the European Parliament, as part of the negotiations on the directive’s recast. Derogations from the scope of...

Il Green Deal europeo e il sistema delle risorse proprie

Insight

Abstract: Over the past few years, the EU action has been increasingly focused on addressing environmental protection issues and implementing policies to fight against climate change. The ambitious environmental policy of the EU, the Green Deal being part of it, stressed the issues concerning its financing. Against this backdrop, the aim of this...

Judges as Narrators of the Climate Crisis? An Illustrative Analysis of the Decision of the German Constitutional Court from 24 March 2021

Insight

Abstract: The reaction to the climate crisis is dominated by recurring political failure and a reluctance to engage in ambitious climate action individually and publicly. Against this setting the judiciary has been called into action to address the climate crisis, adapting general principles, including fundamental rights, to the phenomenon of global...

Pages