European Forum

Keywords: State aid – res judicata – procedural autonomy – equivalence – effectiveness – legal certainty – final administrative act.
 

Dans l’affaire Klausner Holz sur renvoi du tribunal régional de Münster en Allemagne,[1] un prestataire avait obtenu en justice le maintien des effets...

Abstract: Income inequality increased significantly over the past decades. The liberalization and outsourcing of public services, in conjunction with increased pressure on public budgets, has played a considerable role in this development: in procuring services they previously had provided themselves, public authorities fostered price competition...

Abstract: On 15 December 2015, the European Commission launched a legislative initiative establishing a European Border and Coast Guard System, which would succeed Frontex in providing operational assistance to the Member States in the management of the external borders of the European Union. Although the legislative process is still at the stage of...

Keywords: ECHR – Art. 15 – fight against terrorism – derogation from the Convention – public safety.
 

Le sceau macabre du terrorisme marque l’histoire de la République française. Régulièrement confrontés à cette violence aveugle, ses gouvernements successifs ont nécessairement bâti un dispositif constitutionnel...

Keywords: Outermost Regions – legal basis – application of the Treaties – derogations – scope ratione materiae.
 

Fra i problemi interpretativi che sorgono in relazione all’art. 349 del Trattato sul funzionamento dell’Unione europea (TFUE)[1] – disposizione che attribuisce all’Unione il potere...

Abstract: In case C-44/14, Spain v. European Parliament and Council, the Court of Justice of the European Union has had the opportunity to clarify the scope and effects of the British and Irish opt-out in the Schengen area. The Court held that a limited cooperation with those countries by means of international agreements in an area of the...

Abstract: This case deals with the relation between national criminal Law and the European legislation on migration. More precisely, it tackles the compatibility of the imposition of a custodial sentence to a non-European citizen in an irregular situation under the Return Directive 2008/115/CE. Unlike the previous cases in which the Court of Justice...

Abstract: While Greece was suffering from the pressure of the financial markets resulting from the financial crisis and the partial default situation in which it had to struggle, a set of measures was adopted by both the Eurosystem and the Greek legislator. Part of these was the Private sector involvement program and the controversial mechanism it...

Keywords: trade mark – custom seizure – labels – products – protection.
 

Il 23 marzo 2016 entrerà in vigore il regolamento (UE) n. 2015/2424 del Parlamento europeo e del Consiglio che modifica il regolamento (CE) n. 207/2009 del Consiglio sul marchio comunitario.

Di seguito saranno...

Keywords: refugee – Turkey – humanitarian admission – admission procedure – secondary movements – subsidiary protection – temporary protection.
 

Among the efforts made by the European Commission to confront the refugee crisis, one of the last proposals has been to implement a humanitarian admission procedure to...