Foro Europeo

Abstract: The EU-Canada Economic and Trade Agreement (CETA) provides for the free movement of goods, persons and capital to various degrees and its depth and breadth remain to be seen, as a high profile next generation WTO plus Agreement. CETA may well become a model for future mega regionals, for reasons of its new model and scope. It is quite...

Abstract: In the Doğan et al. v. Turkey case (judgment of 26 April 2016, no. 62649/10), the Grand Chamber of the European Court of Human Rights decided on an application made by several Turkish citizens belonging to the Alevi faith. They complained not to be able to enjoy the same guarantees granted to citizens of the Sunni branch of Islam...

Abstract: The recent Affum decision (judgment of 7 June 2016, case C-47/15) represents a new step forward in the case law of the Court of Justice on the detention of irregular migrants. The Court, departing from its previous case law in Achughbabian and El Dridi, adopts a rather pragmatic approach, preferring to stick...

Abstract: The Insight considers the case law of the Court of Justice concerning the notion of “finally disposed”, i.e. a constitutive element of the European ne bis in idem principle. In order to trigger the right not to be tried or punished twice, a national decision must be final and has to contain a sufficient determination of...

Keywords: EU staff – pre-litigation procedure – admissibility – plea of illegality – rule of correspondence – amicable settlement.
 

On 27 October 2016, the Extended Composition of the Appeal Chamber of the GC rendered the judgment in ECB v. Cerafogli.[1]...

Keywords: protection of the right to private life – torture and inhuman or degrading treatment or punishment – Greek System of International Protection – repatriation – extradition –Turkey.
 

La recente sentenza B.A.C. c. Grecia[1] ha rappresentato l’occasione per una presa di posizione...

Abstract: The forced migration upsurge in 2015 prompted the recast of the Common European Asylum System (CEAS), intended to bring “more Europe” into the integrated management of the Area of Freedom, Security and Justice. This achievement is deemed to be fundamental by EU institutions, in order to cope with emerging centrifugal forces and to ensure...

Abstract: In its judgment of 9 June 2016, the ECJ ruled on the consistency with Art. 110 TFEU of environmental stamp duties, the Romanian tax on pollutant emissions, with reference to fiscal neutrality as between second-hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market. The Court...

Abstract: In its judgment of 22 June 2016, DK Recycling und Roheisen GmbH v. Commission, the Court of Justice ruled on an appeal brought by a German undertaking operating installations subject to the European Union Emissions Trading System (EU ETS), i.e. a “carbon market” where operators trade greenhouse gas emission allowances. At issue in...

Abstract: This article examines whether the European Union-Turkey deal violates or adheres to international law. In particular, the article examines Turkey as a “safe third country” and seeing whether Turkey complies with the principle of non-refoulement. The article argues that the EU-Turkey deal violates international law in a number of...