L’intégration européenne par les droits de l’homme

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: In a recent ruling (judgment of 2 June 2016, case C-438/14, Bogendorff von Wolffersdorff) concerning the recognition in a Member State of the name and surname of a dual national, freely chosen in another Member State and containing a number of tokens of nobility, the Court of Justice focused on the proportionality of the...

Keywords: terrorism – foreign terrorist fighters – harmonisation of criminal offences – terrorist financing – victims – terrorist training.
 

Since the 9/11 attacks, the harmonisation of national legislations has been one of the yardsticks in the efforts made by the EU to fight terrorism. The landmark Framework...

Abstract: On 4 May 2016, the Court of Justice of the European Union delivered its judgment in the case Philip Morris. For the first time, the reasoning of the Court does not focus exclusively on internal market issues but, instead, includes an analysis on fundamental rights and the principles of proportionality and subsidiarity. Following...

Abstract: More than 10 years after the first ruling on the horizontal effect of the principle of non-discrimination on grounds of age, in the Dansk Industri case (Court of Justice, judgment of 19 April 2016, Dansk Industri (DI), Acting on Behalf of Ajos A/S v. Estate of Karsten Eigil Rasmussen, case C-441/14 [GC]) the CJEU...

Keywords: CJEU – EU citizenship – social benefits – short-term residence – economically inactive – family reunification.
 

On February 2016, the CJEU rendered an important judgment in, García-Nieto et al., on the limits to the right to social assistance granted to European citizens living in another...

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...

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...