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Protection of human rights in Europe

La sentenza Bank Refah Kargaran: l’evoluzione del controllo giurisdizionale sulla PESC

Insight
Nicola Bergamaschi

Abstract: In the Bank Refah Kargaran judgment (case C-134/19 P, judgment of 6 October 2020) the Court of Justice adds the action for damages against CFSP decisions to the list of legal remedies available to individuals targeted by EU restrictive measures. After a brief overview of the case, this Insight examines the reasoning of...

European Papers, 27.01.2021 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, The external action of the European Union

Stranieri trattenuti alle frontiere esterne dell’Unione: il quadro di garanzie individuato dalla Corte di giustizia e le sfide del Nuovo patto sulle migrazioni e l’asilo

Insight
Eleonora Celoria

Abstract: This Insight discusses the Court of Justice’s judgment of 14 May 2020 in the joined cases C-924/19 and C-925/19, which concerned two couples of asylum seekers detained in the Röszke transit zone, at the Hungarian-Serbian border. The analysis focuses on the approach followed by the Court, that has addressed several issues under EU...

European Papers, 27.01.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, The European Integration Through Human Rights, Protection of human rights in Europe, Justice

'Restrictive Measures' Under Art. 215 TFEU: Towards a Unitary Legal Regime? Brief Reflections on the Bank Refah Judgment

Insight
M. Eugenia Bartoloni

Abstract: In Bank Refah (judgment of 6 October 2020, case C-134/19 P) the Court of Justice provides important clarifications on the type of judicial remedies available in relation to CFSP decisions establishing restrictive measures. As in Rosneft, the Court seems to extend its jurisdiction beyond the so-called “claw-back” provision...

European Papers, 27.01.2021 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, The external action of the European Union

Halcyon Days for the Right to Silence: AG Pikamäe’s Opinion in Case DB v. Consob

Insight
Anna Sakellaraki

Abstract: The case DB v. Consob (request lodged on 21 June 2019, case C-481/19), pending before the Court of Justice, deals with preliminary questions referred by the Italian Constitutional Court on the applicability and scope of a natural person's right to remain silent during administrative proceedings which may lead to the imposition of...

European Papers, 14.01.2021 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The European Integration Through Human Rights, Protection of human rights in Europe, Justice

Pre-trial Detention and EU Law: Collecting Fragments of Harmonisation Within the Existing Legal Framework

Insight
Adriano Martufi, Christina Peristeridou

Abstract: Pre-trial detention has yet to be harmonised under EU law, although evidence points to an overuse that may affect mutual trust. Other instruments however exist that might impact on the way national authorities use pre-trial detention. In this Insight, we seek to detect fragments of harmonisation within the existing legal framework...

European Papers, 28.12.2020 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Police and judicial cooperation in crimal matters, The European Integration Through Human Rights, Protection of human rights in Europe, Justice

Dual Preliminarity Within the Scope of the EU Charter of Fundamental Rights in the Light of Order 182/2020 of the Italian Constitutional Court

Insight
Nicole Lazzerini

Abstract: The Insight discusses order 182/2020 of 30 July 2020 of the Italian Constitutional Court against the background of the latter Court’s approach to dual preliminarity inaugurated in decision 269/2017. It argues that the order confirms an expansionist trend as regards the scope of the Court’s competence in cases concerning the...

European Papers, 25.11.2020 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The impact of EU law over national law, The European Integration Through Human Rights, Protection of human rights in Europe

Implementing ‘Responsible Business Conduct’ Approaches Under the UN Guiding Principles on Business and Human Rights at the Time of COVID-19

Insight
Marco Fasciglione

Abstract: COVID-19 has prompted unprecedented changes to daily life across the EU and has affected the enjoyment of many of the rights set out in human rights international treaties. While the current debate on the impact of COVID-19 on human rights mainly has focused its attention on the role of States, on the emergency measures they have to adopt...

European Papers, 05.11.2020 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Companies, The European Integration Through Human Rights, Protection of human rights in Europe

Protecting Victims’ Rights Through the European Supervision Order?

Insight
Patricia Faraldo Cabana

Abstract: This Insight analyses the aim of victim protection in the Framework Decision 2009/829/JHA and its limited usefulness, despite being regarded as one of the main objectives of the recognition and enforcement of judicial decisions on supervision measures. After explaining the apparent aims of the Framework Decision, the Insight...

European Papers, 04.11.2020 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Police and judicial cooperation in crimal matters, The European Integration Through Human Rights, Protection of human rights in Europe, Justice

Special Focus on Pre-trial Detention and Its Alternatives Under EU Law: An Introduction

Highlight
Stefano Montaldo

Keywords: European Supervision Order – pre-trial detention – alternatives – harmonisation – judicial cooperation in criminal matters – right to personal liberty.
 

The use and misuse of pre-trial detention is a recurring concern for national penal systems. While the deprivation of liberty pending judicial...

European Papers, 04.11.2020 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Police and judicial cooperation in crimal matters, The European Integration Through Human Rights, Protection of human rights in Europe, Justice

The Interplay Between the European Supervision Order and the European Arrest Warrant: An Untapped Potential Waiting to Be Harvested

Insight
Andrea Ryan

Abstract: This Insight will discuss the European Supervision Order (ESO) in the context of its nexus with the EAW. It will give an overview of the ESO, focussing on the issue of the ways in which breaches of an ESO may be addressed. The argument is advanced that the ESO’s potential is currently untapped and that it has the ability to make...

European Papers, 04.11.2020 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Police and judicial cooperation in crimal matters, The European Integration Through Human Rights, Protection of human rights in Europe, Justice
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