Table of Contents: I. Introduction. – II. Mandatory respect for EU fundamental rights in CFSP. – II.1. CFSP as distinct framework embedded in the EU legal order. – II.2. Horizontal obligation to respect fundamental rights in the EU. – II.3. Mainstreaming fundamental rights in CFSP decision-making. – III. Derogatory enforcement of EU fundamental...
Table of Contents: I. The Refugee Convention’s commitment to self-sufficiency. – II. The ground reality of dependency. – III. Diagnosing the problem. – IV. The challenge. – V. A five-point plan. – V.1. Reform must address the circumstances of all States, not just the powerful few. – V.2. Plan for, rather than simply react to, refugee movements. – V....
Table of Contents: I. The current scenario. Dublin and Schengen in crisis? – II. The initiatives of the European institutions. A censurable delay. The need for solidarity between Member States. – III. The first derogation of the “Dublin system”. The controversial mechanism of replacement and the institutionalisation of exceptions. – IV. The...
Table of Contents: I. Introduction. – II. An historical legacy. – III. Lawmaking in the European Union: A delegated function? – III.1. Sub-delegation. – III.2. The tools of output legitimacy: “Better Regulation”. – III.3. Expertise and output legitimacy. – III.4. Lawmaking by committee. – III.5. The Lisbon reforms. – IV. Pushing for democratic input...
Table of Contents: I. Introduction: pursuing multiple policy objectives via public procurement. – II. Cross-border provision of services and the Posted Workers Directive. – III. Growing inequality and national procurement law. – IV. The decision RegioPost. – V. Conclusion.
Abstract: Income...
Table of Contents: I. Introduction. – II. The Schengen Protocol and the position of Ireland and the United Kingdom. – III. Distinguishing “limited cooperation” from a full “taking part” in the Schengen acquis. – IV. Concluding remarks.
Abstract: In case C-44/14, Spain v. European...
Table of Contents: I. Introduction. – II. Decisions authorising the signature of non-binding agreements as acts “intended to produce legal effects”. – III. Clarifying the respective scope of Arts 16 and 17 TEU. – IV. Concluding remarks.
Abstract: The increasing tendency of the EU to resort to non-...
Table of Contents: I. Introduction. – II. A manifesto. – III. On Camus. – IV. Camus and the virtues. – V. A smouldering continent. – V.1. Financial crisis. – V.2. Refugee flows. – V.3. Russia and Crimea. – V.4. Referenda, governance, responsibility. – VI. To conclude.
Abstract: This essays...
Table of Contents: I. “More Europe” – a better Europe? The state of the Union after the Gauweiler Judgment. – II. The road to the crisis and the ambivalences of unconventional rescue operations. – III. Necessity knows no laws: entrapment in a state of emergency?
Abstract: The European...
Table of contents: I. Introduction. – II. A word about the artificiality of secessions’ exceptionalism. – III. The principle of democracy and its limits. – IV. Secessions and the ethos of European integration. – V. How to approach a seceded territory. – VI. Conclusion.
Abstract: We argue...
Keywords: democrazia partecipativa – Unione europea – cittadinanza europea – iniziativa dei cittadini europei – Regolamento (UE) n. 211/2011.
Il Tribunale dell’Unione europea (Tribunale) si è pronunciato sul diniego di registrazione dell’iniziativa dei cittadini europei (ICE) “Un milione di firme per un’Europa...
Keywords: terrorism – foreign terrorist fighters – State cooperation – criminal offences – armed conflict.
The Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (the Protocol),[1] which supplements the 2005 Council of Europe Convention on the Prevention of...
Keywords: movement – workers – pensions – age – civil servants.
In its recent judgment Commission v. Cyprus,[1] the Court of Justice of the European Union (CJEU) stated that a domestic norm, which prevents Cypriot civil servants under the age of 45 to fully benefit from the...
Keywords: refugee – Turkey – humanitarian admission – admission procedure – secondary movements – subsidiary protection – temporary protection.
Among the efforts made by the European Commission to confront the refugee crisis, one of the last proposals has been to implement a humanitarian admission procedure to...
Keywords: institutional balance – foreign affairs – European Parliament – CJEU – Europol.
The recent decision of the Court of Justice Parliament v. Council (case C-363/14)[1] concerned a challenge by the European Parliament (EP), who sought the annulment of Council Implementing...
Keywords: regulation – institutions – legislation – transparency – accountability.
On 15 December 2015, the Commission endorsed a new Interinstitutional agreement on better regulation that will enter into force once approved by all three institutions.[1] This agreement has been adopted in the...
Keywords: trade mark – custom seizure – labels – products – protection.
Il 23 marzo 2016 entrerà in vigore il regolamento (UE) n. 2015/2424 del Parlamento europeo e del Consiglio che modifica il regolamento (CE) n. 207/2009 del Consiglio sul marchio comunitario.
Di seguito saranno...
Keywords: Constitutional Court of Germany – European arrest warrant – fundamental rights – conviction in absentia.
If there is a national court which is famous for its prominence in the European Union (EU) arena that is, undoubtedly, the Federal Constitutional Court of Germany, the Bundesverfassungsgericht...
Abstract: In case C-44/14, Spain v. European Parliament and Council, the Court of Justice of the European Union has had the opportunity to clarify the scope and effects of the British and Irish opt-out in the Schengen area. The Court held that a limited cooperation with those countries by means of international agreements in an area of the...
Keywords: ECHR – Art. 15 – fight against terrorism – derogation from the Convention – public safety.
Le sceau macabre du terrorisme marque l’histoire de la République française. Régulièrement confrontés à cette violence aveugle, ses gouvernements successifs ont nécessairement bâti un dispositif constitutionnel...
Abstract: The increasing tendency of the EU to resort to non-binding agreements in its external action raises the sensitive and still unclear question of the distribution of powers between EU institutions when adopting them. In light of the post-Lisbon provisions of primary law in the field of external action, this Insight attempts to clarify how to...
Abstract: Income inequality increased significantly over the past decades. The liberalization and outsourcing of public services, in conjunction with increased pressure on public budgets, has played a considerable role in this development: in procuring services they previously had provided themselves, public authorities fostered price competition...
Keywords: State aid – res judicata – procedural autonomy – equivalence – effectiveness – legal certainty – final administrative act.
Dans l’affaire Klausner Holz sur renvoi du tribunal régional de Münster en Allemagne,[1] un prestataire avait obtenu en justice le maintien des effets...
Keywords: international protection – detention – administrative detention – asylum – returning illegal immigrants.
Con il decreto legislativo del 18 agosto 2015 n. 142, entrato in vigore il 30 settembre 2015, sono state trasposte la direttiva 2013/32/UE del Parlamento europeo e del Consiglio del 26 giugno 2013...
Abstract: On 15 December 2015, the European Commission launched a legislative initiative establishing a European Border and Coast Guard System, which would succeed Frontex in providing operational assistance to the Member States in the management of the external borders of the European Union. Although the legislative process is still at the stage of...
Abstract: This Insight briefly discusses the Judgment of the Court of Justice of the European Union in joined cases Alo and Osso: two preliminary rulings submitted by the German Federal Administrative Court in the context of two cases concerning the obligation to reside in a particular place imposed on two beneficiaries of...
Abstract: The Insight focuses on the Political and Security Committee Decision (CFSP) 2016/118 of 20 January 2016 concerning the implementation by EUNAVFOR MED operation SOPHIA of United Nations Security Council resolution 2240 (2015). It first provides the general context starting from Operation Sophia’s founding instrument, Council Decision (CFSP...
Abstract: At the meeting of 18 and 19 February 2016, the European Council adopted a decision aimed at determining the interpretation of the “ever closer Union” clause contained in the founding Treaties and their preambles. The present Insight will deal with the effect of European Council’s decisions, and of agreements concluded in...
Abstract: In the aftermath of the ISIS terrorist attacks in Paris on 13 November 2015, France invoked for the first time the mutual assistance clause provided by Art. 42, para. 7, TEU, seeking for aid and assistance from other Member States in accordance with Art. 51 of the UN Charter. The attacks were qualified as an armed aggression on French...
Abstract: In Alimanovic (case C-67/14, 15 September 2015) the CJEU ruled that Member States nationals who are job seekers and resident in another MS can be excluded from the entitlement to certain benefits constituting social assistance within the terms of EU law, which are granted to nationals in the same position. The author argues that...
Keywords: protection of personal data – Directive 95/46/EC – Safe Harbour Decision – Charter of Fundamental Rights of the European Union – national supervisory authority.
The Data Protection Directive (Directive 95/46/EC)[1] provides that the transfer of personal data to a third country may...
Abstract: While Greece was suffering from the pressure of the financial markets resulting from the financial crisis and the partial default situation in which it had to struggle, a set of measures was adopted by both the Eurosystem and the Greek legislator. Part of these was the Private sector involvement program and the controversial mechanism it...
Keywords: data protection – privacy – right to be forgotten – right of access – data commissioners.
In a short time (from Spring 2014 to Autumn 2015) the Court of Justice of the European Union has issued ten decisions providing for the authoritative interpretation of the EU legislation in the field of personal...
Abstract: In a recent ruling, the Court of Justice of the European Union has taken the opportunity to clarify what is to be understood as being a “jurisdiction” according to EU law. More specifically, this case was the occasion for the Court to determine whether or not a national referring body whose jurisdiction was considered as an alternative one...
Abstract: The comment focuses on three issues addressed by the ECJ in case C-363/14, European Parliament v. Council, concerning the validity of an implementing decision adopted on 6 May 2014, which amended the list of Europol’s international partners. The first issue concerns the choice of the legal basis for the decision. The second issue...
Keywords: social security – benefits – lawful residence – economically inactive – citizens – equal treatment.
This infringement action was brought by the Commission against the UK for requiring non-UK Union citizens who are economically inactive to lawfully reside in the UK to access certain social...
Keywords: Outermost Regions – legal basis – application of the Treaties – derogations – scope ratione materiae.
Fra i problemi interpretativi che sorgono in relazione all’art. 349 del Trattato sul funzionamento dell’Unione europea (TFUE)[1] – disposizione che attribuisce all’Unione il potere...
Abstract: On 3 September 2015 the EU Court of Justice dismissed the appeal against the judgment of 25 April 2013, case T-526/10, Inuit Tapiriit Kanatami et al. II, in which the General Court had refused to declare the invalidity of the basic Regulation (EC) No 1007/2009 on trade in seal products pursuant to Art. 277 TFUE. Among the issues...
Abstract: This case deals with the relation between national criminal Law and the European legislation on migration. More precisely, it tackles the compatibility of the imposition of a custodial sentence to a non-European citizen in an irregular situation under the Return Directive 2008/115/CE. Unlike the previous cases in which the Court of Justice...
Abstract: On 23 December 2015, Advocate General Kokott delivered her Opinion in three cases challenging the validity of Directive 2014/40/EU. Although the Court of Justice of the European Union (CJEU) had already ruled on the legal basis to adopt the former Tobacco Products Directive, new questions arose with the adoption of this new piece of...
Abstract: Approved at the end of an arduous legislative procedure, the reform of the Statute of the Court of Justice of the European Union both surprises and puzzles (Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3). Conceived to resolve the growing overload of the General...
Abstract: This comment examines the reform of the European Neighbourhood Policy (ENP) as illustrated by the European Commission and the High Representative of the Union, Mogherini, in November 2015. The objective of the new ENP is to increase the stability of the neighbours and to promote their growth. It is envisaged the possibility to device a new...
Abstract: This Insight focuses on the recent judgment of the Court of Justice in Orizzonte Salute (case C-61/14). The Court was asked to clarify whether EU Law – more particularly Art. 1 of Directive 89/665/EEC of the Council on the coordination of the laws, regulations and administrative provisions relating to the application of...
European Papers is pleased to announce that its first issue in the 2016 Volume is now available online.
This is certainly not the most propitious time to publish a Journal “on Law and Integration”. The Zeitgeist is captured by the European Council in its recent meeting of 18 and 19 February, where it stated that the reference to an “ever closer Europe”, a formula which resounds in every founding instrument from Rome to Lisbon, has no interpretative effect; the...
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