Forum europeo

Abstract: This Insight focuses on the judgment of the European Court of Human Rights of 24 January 2019, Cordella et al. v. Italy (joint applications n. 54414/13 and n. 54264/15), marking an important step in the judicial saga of the Ilva steel plant in Taranto. The Court unanimously established Italy’s responsibility in failing to...

Abstract: In Commission v. FIH Holding and FIH Erhvervsbank (judgement of 6 March 2018, case C-579/16 P), the Court of Justice dealt with the case of a bank, beneficiary of an aid scheme, that had already been granted a number of benefits, which were approved by the European Commission as aid schemes compatible with the internal market. The...

Keywords: UNRWA – asylum – inadmissibility of application – exclusion – first country of asylum – ex nunc examination.
 

Directive 2011/95[1] establishes in Art. 12 exclusion cases from refugee status, which include cases where the applicant is under the “...

Abstract: In Gnandi (Court of Justice, Judgment of 19 June 2018, case C-181/16 [GC]), the Court of Justice has clarified under which conditions a negative asylum decision may be combined with a return decision and which effects the combination of the two has in the light of the right to an effective remedy.

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Abstract: The Coman case (judgment of 5 June 2018, case C-673/16, Coman and Others [GC]) gave the CJEU the occasion to clarify the existence under EU law of an obligation to recognize the indirect right of residence – according to Art. 21 TFEU – of the spouse of a same-sex marriage. The reasoning of the CJEU is based on the...

Abstract: International jurisdiction, recognition and enforcement of judgments in Europe will be considerably affected by Brexit. The Brussels I regime threatens to fall back from the Recast Regulation to the outdated 1968 Convention, which the Withdrawal Agreement intends to prevent. An alternative might be the UK’s accession to the 2007 Lugano...

Abstract: This Insight focuses on the newly adopted Council Decision amending Protocols 1 and 4 to the EU-Morocco Association Agreement which extends the territorial scope of the Association Agreement to expressly include Western Sahara. The purpose of this Insight is to assess the compatibility of the Council Decision with...

Abstract: The mechanism set up by Art. 7, para. 1, TEU has been activated against Poland on 20 December 2017. Nevertheless, Poland did not comply with the recommendations given by the European Commission, focused on the lack of judicial independence due to a recent reform that provoked the forced anticipated retirement of 27 judges sitting in the...

Abstract: This Insight focuses on a – apparently overlooked – passage of the decision M.A.S and M.B. (judgment of 5 December 2017, case C-42/17 [GC], or Taricco II), referring to the Directive 2017/1371. The Court of Justice seemingly assumes that the Directive imposes to the Member States to consider criminal limitations...

Abstract: Family reunification constitutes one of the most pressing human rights issues for refugees, who are especially unaccompanied minors. Yet, the practical effectiveness of such a right is not always adequately ensured. Drawing from the recent decision of the Court of Justice in A and S (judgment of 12 April 2018, case C-550/16), the...