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Visas, asylum and immigration

La “strumentalizzazione” delle persone migranti: la risposta dell’Unione europea e la reazione lituana a confronto. Un’occasione per riflettere (anche) sull’operato dell’Agenzia dell’UE per l’asilo

Insight
  • 731 views
Marcella Cometti

Abstract: This Insight aims to illustrate common elements between the Lithuanian and European Union reaction following the “instrumentalisation of migrants” by Belarus. The most critical aspects with respect to national reforms and the Proposal presented by the Commission in December 2021 – ex art. 78(3) TFEU – shed light on specific issues...

European Papers, 06.06.2022 | Posted in
The Constitutional Dimension of the European Union, The institutional system, 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

Misure emergenziali al confine tra UE e Bielorussia: uno scontro tra 'titani' con gravi ripercussioni per i migranti

Insight
  • 606 views
Chiara Scissa

Abstract: The migration crisis at the EU-Belorussian border is escalating and the potential for grave human rights violations against third country-nationals stuck between the two “titans” is more and more likely to materialize. This Insight aims to provide an overview of the emergency measures that have been adopted at the national and EU...

European Papers, 07.04.2022 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, The International Dimension of European Integration, The external action of the European Union, Integration in the fields of rule of law and democratization

The Nansen Passport and the EU Temporary Protection Directive: Reflections on Solidarity, Mobility Rights and the Future of Asylum in Europe

Insight
  • 2110 views
Daniela Vitiello

Abstract: The Temporary Protection Directive (TPD) is one of the most controversial pieces of EU legislation. Adopted back in 2001 and never implemented, it has been at the margins of EU migration and asylum policies until, on 3 March 2022, the Home Affairs Ministers of the EU27 reached an “historic agreement” on its activation. This Insight...

European Papers, 30.03.2022 | Posted in
The Constitutional Dimension of the European Union, The institutional system, 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

Politica dei visti e stato di diritto: il difficile equilibrio tra sovranità e garanzie procedurali nella giurisprudenza della Corte di giustizia

Insight
  • 1182 views
Francesco Luigi Gatta

Abstract: Third country nationals are in a “weak” position when it comes to issuing a uniform Schengen short-term visa. The EU acquis on visas, and most notably the Visa Code, is still a domain strongly marked by State sovereignty, wide margin of appreciation and scarce transparency in the decision-making process. The EU Court of Justice...

European Papers, 09.07.2021 | 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

Council Recommendation for Promoting Cooperation and Solidarity Amongst the Member States: A Far Enough Step?

Insight
  • 1197 views
Kate Shaw, Pavel Repyeuski

Abstract: The COVID-19 pandemic has prompted many EU Member States to introduce unilateral and diverse travel restriction measures and border controls. European Treaties do allow the Member States to derogate from free movements on the grounds of public health, however, the imposition of inconsistent and diverse restrictions threaten the integrity...

European Papers, 07.06.2021 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration

The New Pact on Migration and Asylum: Supporting or Constraining Rights of Vulnerable Groups?

Insight
  • 4536 views
Theodora Gazi

Abstract: The new Pact on Migration and Asylum presented in September 2020 by the Commission proposes the reform of the Common European Asylum System. At the centre of the legislative changes is the effective protection of vulnerable applicants, indicatively minors, persons with disabilities or health issues and survivors of human trafficking and...

European Papers, 18.05.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration

Defining the Boundaries of the Future Common European Asylum System with the Help of Hungary?

Insight
  • 2386 views
Sarah Progin-Theuerkauf

Abstract: In December 2020, the Grand Chamber of the CJUE has confirmed that Hungary has failed to fulfil its obligations under EU law in the area of procedures for granting international protection and returning illegally staying third-country nationals. The judgment in the case Commission v Hungary (case C-808/18 ECLI:EU:C:2020:1029) is...

European Papers, 29.03.2021 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration

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
  • 1118 views
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

The COVID-19 Crisis and the Closure of External Borders: Another Stress-test for the Challenging Construction of Solidarity Within the EU?

Insight
  • 4138 views
Luisa Marin

Abstract: This Insight assesses the impact of the COVID-19 pandemic on the external borders of the EU. It first presents measures enacting the EU travel ban and also their implications on the European asylum system, as implemented by Member States’ administrations. In this context, it discusses some of the challenges which emerge: these...

European Papers, 28.10.2020 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, The International Dimension of European Integration, The external action of the European Union

Aucune justification du refus de participer au mécanisme temporaire de relocalisation de demandeurs d’une protection internationale

Insight
  • 1422 views
Sarah Progin-Theuerkauf, Vincent Zufferey

Abstract: In the case Commission v. Hungary, Poland and Czech Republic (judgment of 20 April 2020, joined cases C-715/17, C-718/17 and C-719/17), the Court of Justice clarified the scope of Art. 72 TFEU in the context of relocation of applicants for international protection during the 2015 “refugee crisis”. The Court held that it is not...

European Papers, 20.05.2020 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration
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