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La contribution de l’arrêt J.K. à la redéfinition des frontières du droit social de l’Union

Insight

Abstract: From an EU social law perspective, the decision of the Court of justice in J.K. appears prima facie to be a step forward in the construction of a universal labour law regime. However, the case strictly limits the progress towards an assimilation of the situation of employees and self-employed, in EU social law. First, by...

Battles on Different Fronts: The Role of the EU in Strengthening the Response of Ukraine to Gender-based Violence, Including Conflict-related Sexual Violence, Since Russia’s Invasion

Insight

Abstract: The Insight investigates the role of the EU in promoting gender equality and freedom from gender-based violence in Ukraine in the context of Russia’s war against Ukraine. By drawing on concrete examples of developments which took place at legal, justice-related and values-based dimensions through the framework of discursive...

The Joint Investigation Team in Ukraine: Challenges and Opportunities for the International Criminal Court

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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...

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...

El Impacto de la Accesibilidad en el Derecho a la Vida Privada y Familiar

Insight

Abstract: Persons with disabilities keep struggling to enjoy their rights on equal conditions with other people despite being granted the right of non-discrimination under several international treaties. The European Court of Human Rights (ECtHR) is increasingly turning to a systemic interpretation of the European Convention on Human Rights with the...

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