European Forum Call for Papers: Special Focus on 'Instrumentalisation of Migrants, Sanctions Tackling Hybrid Attacks and Schengen Reform in the Shadows of the Pact'

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Keywords: Pact on Migration and Asylum – borders – hybrid threats – instrumentalisation – sanctions – proposed reforms.

As the “new” Pact on Migration and Asylum[1] remains deadlocked, the Commission’s last attempt to cope with the refugee and migration crisis at Europe's...

Special Focus on Pre-trial Detention and Its Alternatives Under EU Law: An Introduction

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Keywords: European Supervision Order – pre-trial detention – alternatives – harmonisation – judicial cooperation in criminal matters – right to personal liberty.
 

The use and misuse of pre-trial detention is a recurring concern for national penal systems. While the deprivation of liberty pending judicial...

The COVID-19 Emergency and the Reintroduction of Internal Border Controls in the Schengen Area: Never Let a Serious Crisis Go to Waste

Insight

Abstract: The Insight analyses the wave of internal border control reintroductions following the COVID-19 outbreak. It addresses the relevant legal framework and discusses the possible implications for the Schengen Area, in the light of the recent practice of highly disputed prorogations of border controls and of the pending reform of the...

Social Integration in EU Law: Content, Limits and Functions of an Elusive Notion – Introduction

e-Journal

Abstract: This Introduction guides the reader through the special section "Social Integration in EU Law: Contents, Limits and Functions of an Elusive Notion". The Authors underline the multi-faceted essence of this concept, which has both an integrative potential and a defensive function. Social integration is closely connected to the...

Freedom of Movement, Social Integration and Naturalization: Testing Reverse Discrimination in the Recent Case Law of the Court of Justice

Insight

Abstract: The Insight addresses reverse discrimination in the field of free movement and derived residence rights for EU citizens’ family members who are third country nationals. It outlines the debate concerning the justification for differential treatment and discusses the role of the EU and the Member States in relation to reverse discrimination. While the...

Judicial Cooperation, Transfer of Prisoners and Offenders’ Rehabilitation: No Fairy-tale Bliss. Comment on Ognyanov

e-Journal

Table of Contents: I. Better late than never: the first case concerning the Council Framework Decision 2008/909/JHA on the transfer of prisoners in the European Union. – II. Facts of the case. – III. The notion of enforcement of a sentence and the division of competences between the issuing and executing States. – III.1. Which enforcement? The...

Judicial Cooperation, Transfer of Prisoners and Offenders’ Rehabilitation: No Fairy-tale Bliss. Comment on Ognyanov

Insight

Abstract: This Insight analyses the first preliminary ruling (Court of Justice, judgment of 8 November 2016, case C-554/14, Ognyanov [GC]) concerning a provision of the Council Framework Decision 2008/909/JHA on the cross-border transfer of prisoners in the EU. The Court of Justice clarifies the notion of enforcement of the...

On a Collision Course! Mutual Recognition, Mutual Trust and the Protection of Fundamental Rights in the Recent Case-law of the Court of Justice

e-Journal

Table of Contents: I. Introduction. – II. Mutual recognition and mutual trust: unattainable stars in the sky? – III. Set on a collision course: the limits of mutual recognition and mutual trust. – IV. Meteor approaching! Fundamental rights and the European arrest warrant. – V. Set on a collision course: from N.S. to the recent case-law...

A New Crack in the Wall of Mutual Recognition and Mutual Trust: Ne Bis in Idem and the Notion of Final Decision Determining the Merits of the Case

Insight

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...

Integration Through Residence Conditions? The Beneficiaries of Subsidiary Protection Confronted with the Janus-faced National Integration Policies

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Keywords: integration - third country nationals - subsidiary protection - residence condition - conditionality - EU general principles.
 

Under the terms of Art. 79, para. 4 TFEU, integration of third country nationals legally residing in a Member State should fall under the category of complementary competences...

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