L’intégration européenne par les droits de l’homme

Abstract: The present Insight focuses on the reception by the Danish Supreme Court (judgment of 6 December 2016, no. 15/2014, DI acting for Ajos A/S v. The estate left by A.) of the Court of Justice decision in the Dansk Industri case (judgment of 19 April 2016, case C-441/14 [GC]). Instead of disapplying a national...

Abstract: Over the last few years, the CJEU’s approach to international law has sparked a fierce debate in the literature. More recent case-law has challenged the narrative of the CJEU’s Völkerrechtsfreundlichkeit and it has called into question the EU’s carefully cultivated self-image as a global actor with an attitude of respect and...

Abstract: The Insight analyses the recent judgment of the Court of Justice in the Aleksei Petruhhin v. Latvijas Republikas Ģenerālprokuratūra case (judgment of 6 December 2016, case C-182/15). The preliminary ruling deals with the relationship between EU law and Member States’ extradition agreements with third countries. The...

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 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: 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 judgment of the Grand Chamber in Al-Dulimi and Montana Management Inc. v. Switzerland can be praised as an effort to avoid contradictions between the UN Charter and the European Convention of Human Rights. It is also a reminder that UN Sanctions Committees still fail to meet fair trial standards. However, the...

Abstract: This Insight focuses on the two judgments of the European Court of Human Rights in the case Al-Dulimi and Montana Management Inc. v. Switzerland. It discusses the different approaches adopted by the European Court to deal with the responsibility of Member States of international organizations. It contends that the Court...