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

Highlight

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...

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...

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 European Political Community: A Nebulous Answer to the Strategic Question of How to Unite Europe

Insight

Abstract: The European Political Community (EPC) is an institutionalised but flexible forum for political coordination between European countries. It was established in the aftermath of the Russian invasion of Ukraine in 2022. While the EPC is only in its early stages, and therefore there is a significant element of volatility in the subject, this...

Ukraine Conflict’s Impact on European Defence and Permanent Structured Cooperation (PESCO)

Insight

Abstract: The history of a unified European defence has persistently shaped the European Union's foreign policy, evolving over time. The EU has worked on a robust and coherent Common Foreign and Security Policy (CFSP), particularly boosted by the European Union Global Strategy (EUGS) in 2016, which was issued after external shocks threatened Europe...

La protection temporaire de l'Union européenne en faveur des ressortissants ukrainiens: perspectives d’avenir après un an d’application

Insight

Abstract: The Russian aggression in Ukraine led to the activation of the 2001 Temporary Protection Directive by the European Union to organise the reception of displaced persons fleeing the conflict. This is an unprecedented move, in the twenty years of its existence, this directive has never been implemented. It is therefore interesting to observe...

Let’s Call It what It Is: Hybrid Threats and Instrumentalisation as the Evolution of Securitisation in Migration Management

Insight

Abstract: This Insight examines the discourse surrounding the instrumentalisation of migration and its impact on monitoring the EU’s external borders. It analyses the regulatory response, focusing on the Instrumentalisation Regulation, to determine if an exceptional emergency response is justified. The article explores recent arguments...

The Ultimate (but not the Only) Remedy for Securing Fundamental Rights in the EAW System? Some Reflections on Puig Gordi and E. D. L.

Insight

Abstract: This Insight offers a combined reading of the ECJ rulings in Puig Gordi and E. D. L., with a view to investigating their impact on the theorisation and place of the Aranyosi and Căldăraru test in the EAW framework. Notwithstanding multiple calls for overcoming that twofold assessment, the Court has...

Belarus-sponsored Migration Movements and the Response by Lithuania, Latvia, and Poland: A Critical Appraisal

Insight

Abstract: Lithuania, Latvia, and Poland have amended their legislation to respond to the increased migration flows caused by the policies of instrumentalisation of migrants implemented by the Belarusian government. This Insight illustrates these responses and shows how these EU Member States instrumentalised border tensions with Belarus to...

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