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New Clarifications on Ending the Union Citizen’s Right of Residence: The Grand Chamber Decisions of the European Court of Justice of 22 June 2021 in C-718/19 and C-719/19

Insight

Abstract: In two Grand Chamber decisions of 22 June 2021 (case C-718/19 Ordre des barreaux francophones and germanophone and Others ECLI:EU:C:2021:505; and case C-719/19 Staatssecretaris van Justitie en Veiligheid ECLI:EU:C:2021:506), the European Court of Justice (ECJ) delivered new clarifications on ending the Union citizen’s...

Sulla riformulazione dei criteri CILFIT: le Conclusioni dell’A.G. Bobek nel caso Consorzio Italian Management e Catania Multiservizi

Insight

Abstract: In its opinion of 15th April 2021 in case C-561/19, Consorzio Italian Management and Catania Multiservizi (ECLI:EU:C:2021:291) AG Bobek proposed to revise the CILFIT criteria which famously concern the duty of the National courts of last instance to request a preliminary ruling. After a brief analysis on the controversial...

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

Insight

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...

Generalstaatsanwaltschaft Berlin: A Further Development of Extradition Rules of Union Citizens to Third Countries

Insight

Abstract: Case C-398/19 Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) introduces relevant developments to the case-law on extradition of Union citizens to third countries. The Court of Justice establishes that the rules defined in its previous case-law apply to a Union citizen who has acquired the nationality of a Member...

The Application of Art. 10 of Brussels II-Bis to Children Abducted Out of the EU: The Last UK Reference on Family Law?

Insight

Abstract: Upon probably the last reference from the UK on Family Law, in SS (case C-603/20 PPU ECLI:EU:C:2021:231) the CJEU was asked to rule, on the application of art. 10 of Brussels II-bis where a child, formerly habitually resident in a Member State, is abducted to and becomes resident in a third State. This Insight....

Case Prokuratuur: Proportionality and the Independence of Authorities in Data Retention

Insight

Abstract: Records of electronic communication metadata allow detailed conclusions about habits of daily life, such as places of residence, activities carried out, or social relations. This data can therefore be useful in criminal investigations. The CJEU elaborated in case Prokuratuur (case C-746/18 ECLI:EU:C:2021:152) on the conditions of...

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

Insight

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...

The Court of Justice’s Self-restraint of Reviewing Financial Assistance Conditionality in the Chrysostomides Case

Insight

Abstract: In the Chrysostomides case (joined cases C-597/18 P, C-598/18 P, C-603/18 P and C-604/18 P Council v Chrysostomides & Co. and Others ECLI:EU:C:2020:1028), the Court of Justice (ECJ) confirmed its previous finding that the Eurogroup has only an informal and intergovernmental nature. Building on the cases Ledra...

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

Insight

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...

On the Futility of Expelling Poor Union Citizens in an Open Border Europe

Insight

Abstract: What is the point of expelling illegally residing EU citizens when they would be able to immediately return in an open-border Europe? This Insight critically discusses the opinion by Advocate-General Rantos in the FS v Staatssecretaris van Justitie en Veiligheid case (C‑719/19), where an EU citizen had been expelled from...

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