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Between a Rock and a Hard Place: The Impact of Rule of Law Backsliding on the EU’s Response to the Russo-Ukrainian War

Insight

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...

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

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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...

Sanctions and the Geopolitical Commission: The War over Ukraine and the Transformation of EU Governance

Insight

Abstract: As a result of the invasion of Ukraine, the Commission has been increasing its weight throughout the EU sanctions process. This transformation is visible in the formation, implementation and communication of sanctions. Formulation has become less member state-driven, implementation has undergone some steps towards centralisation, and...

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...

Meta v Bundeskartellamt: Something Old, Something New

Insight

Abstract: Meta v Bundeskartellamt is the culmination of an issue years in the making: the relation between data protection and competition. In contention is the Bka’s finding that Meta’s practice of combining personal data across its many services, in addition to data collected through the integration of its services into third-party...

Seizing Russian Assets to Compensate for Human Rights Violations in Ukraine: Navigating the Legal Labyrinth

Insight

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...

Bumpy Road of Ukraine Towards the EU Membership in Time of War: “Accession Through War” v “Gradual Integration”

Insight

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...

The EU’s Role in Ammunition Procurement

Insight

Abstract: Russia’s invasion of Ukraine has shaken up the EU approach to defence matters. Funds have been released to help in providing Ukraine with ammunition. More interesting, the European Defence Agency (EDA) has taken up a more active role in the procurement of defence materials. While these developments are still limited, a partial...

The Effects of the Conflict in Ukraine on the Human Rights Situation Within the European Union

Insight

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...

How Does Belligerent Occupation End? Some Reflections on the Future of the Territories Occupied in the Russia-Ukraine Conflict

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Keywords: belligerent occupation – armed conflict – end – peace – Ukraine – Russia.
 

In the past months, news outlets have extensively reported on Ukraine’s more or less effective counter-offensive, as well as on renewed rumours of possible negotiations between Ukraine and Russia....

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