How the Court Tries to Deliver Justice in Common Foreign and Security Policy, Where the Need for Judicial Protection Clashes with the Principles of Conferral and Institutional Balance. Joined Cases C-29/22 P and C-44/22 P KS and KD

Insight

Abstract: KS and KD is a judgment where the European Court of Justice finds it has jurisdiction to hear actions for damages caused by the European Union’s (EU) civilian missions or military operations. It is the first time that this has happened. Although not entirely surprising, the finding of jurisdiction contributes to a growing line of...

From Dusk Till Dawn. The Case of F.T. v D.W. and the Right to Access Electronic Medical Records in Light of the Future European Health Data Space Regulation

Insight

Abstract: Free access to a copy of personal data included in a medical record is guaranteed under EU law. The legal basis, scope and reach of this right were addressed for the first time by the European Court of Justice in F.T. v D.W. The case triggers a number of considerations on the protection offered to individuals, and most notably...

Shaping the Joint Liability Landscape? The Broader Consequences of WS v Frontex for EU Law

Insight

Abstract: The Insight delves into the CJEU judgment of WS et al. v Frontex, the first action for damages against the European Border and Coast Guard Agency, Frontex, for human rights violations at the EU's external borders. Despite the prevalence of systemic violations and heightened attention to the agency's...

Who are the Russian Oligarchs? Recent Developments in the Case Law of the European Court of Justice

Insight

Abstract: This Insight examines the developments in the EU restrictive measures against Russia in the aftermath of the full-scale aggression in Ukraine, focusing on the novel "(g) criterion" designed to target Russian businesspersons (often referred to as Russian oligarchs). The analysis illustrates the recent litigation before the General...

Mutual Trust and EU Accession to the ECHR: Are We Over the Opinion 2/13 Hurdle?

Insight

Abstract: After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns...

Battles on Different Fronts: The Role of the EU in Strengthening the Response of Ukraine to Gender-based Violence, Including Conflict-related Sexual Violence, Since Russia’s Invasion

Insight

Abstract: The Insight investigates the role of the EU in promoting gender equality and freedom from gender-based violence in Ukraine in the context of Russia’s war against Ukraine. By drawing on concrete examples of developments which took place at legal, justice-related and values-based dimensions through the framework of discursive...

Staatsanwaltschaft Aachen, ovvero la tutela dei diritti fondamentali sulla base del test LM nelle procedure di trasferimento interstatale di detenuti

Insight

Abstract: In the judgment handed down on 9 November 2023 by the Court of Justice in Staatsanwaltschaft Aachen, the Court has acknowledged that the two-step test aimed at protecting fundamental rights, which was developed in relation to the European Arrest Warrant in Aranyosi and Căldăraru and confirmed by subsequent judgments – in...

La protection temporaire de l'Union européenne en faveur des ressortissants ukrainiens: perspectives d’avenir après un an d’application

Insight

Abstract: The Russian aggression in Ukraine led to the activation of the 2001 Temporary Protection Directive by the European Union to organise the reception of displaced persons fleeing the conflict. This is an unprecedented move, in the twenty years of its existence, this directive has never been implemented. It is therefore interesting to observe...

Let’s Call It what It Is: Hybrid Threats and Instrumentalisation as the Evolution of Securitisation in Migration Management

Insight

Abstract: This Insight examines the discourse surrounding the instrumentalisation of migration and its impact on monitoring the EU’s external borders. It analyses the regulatory response, focusing on the Instrumentalisation Regulation, to determine if an exceptional emergency response is justified. The article explores recent arguments...

The Ultimate (but not the Only) Remedy for Securing Fundamental Rights in the EAW System? Some Reflections on Puig Gordi and E. D. L.

Insight

Abstract: This Insight offers a combined reading of the ECJ rulings in Puig Gordi and E. D. L., with a view to investigating their impact on the theorisation and place of the Aranyosi and Căldăraru test in the EAW framework. Notwithstanding multiple calls for overcoming that twofold assessment, the Court has...

Pagine

e-Journal

European Forum

Archive

e-Journal

Forum Européen

Archives

e-Journal

Forum europeo

Archivio

e-Journal

Foro Europeo

Archive