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Denialism as the Supreme Expression of Realism – A Quick Comment on NF v. European Council

Insight

Abstract: By Order of 28 February 2017 in case T-192/16, NF v. European Council, the General Court dismissed as inadmissible an action for annulment brought against the s.c. EU-Turkey deal concluded on 18 March 2016. In the view of the General Court, independently of its binding nature, the deal is to be attributed to the Member States and...

Du vin vieux dans de nouvelles outres? Réflexions sur la proposition de règlement “Dublin IV”

Insight

Abstract: The forced migration upsurge in 2015 prompted the recast of the Common European Asylum System (CEAS), intended to bring “more Europe” into the integrated management of the Area of Freedom, Security and Justice. This achievement is deemed to be fundamental by EU institutions, in order to cope with emerging centrifugal forces and to ensure...

EU-Turkey Deal: Violation of, or Consistency with, International Law?

Insight

Abstract: This article examines whether the European Union-Turkey deal violates or adheres to international law. In particular, the article examines Turkey as a “safe third country” and seeing whether Turkey complies with the principle of non-refoulement. The article argues that the EU-Turkey deal violates international law in a number of...

The EU-Turkey Agreement: A Controversial Attempt at Patching up a Major Problem

Insight

Abstract: On 18 March 2016 the European Union and Turkey reached an agreement aimed at solving the issue of the high numbers of migrants crossing the Mediterranean Sea from Turkey to Greece. This agreement intended to close the people-smuggling routes and reduce the number of migrants entering the EU. It focused principally on the following issues:...

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...

The Regulation on the Provision of Emergency Support Within the Union: Humanitarian Assistance and Financial Solidarity in the Refugee Crisis

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Abstract: Regulation 2016/369 establishes an emergency support mechanism for the provision of humanitarian aid in response to natural or man-made disasters giving rise to severe wide-ranging humanitarian consequences within the European Union. Although its scope of application is much broader, the Regulation has been adopted as an emergency...

La ‘tragedia’ delle frontiere europee

Insight

Abstract: International press titled: “Schengen, one of the pillars of the EU, is dead”. The European Commission establish a roadmap to “come back to Schengen”. Between national concerns about the arrival of thousands of migrants, and national fear of being left alone in managing the crisis, this Insight aims to provide an analysis of the crisis and...

Unravelling Celaj

Insight

Abstract: In the judgment of 1 October 2015 on case C-290/14, Celaj, the Court of Justice ruled that Directive 2008/115/EC, known as the Return Directive, in principle does not preclude legislation of a Member State which provides for the imposition of a prison sentence to migrants illegally staying as a result of their illegal re-entry...

Límites a la libre circulación de los beneficiarios de protección subsidiaria

Insight

Abstract: This Insight briefly discusses the Judgment of the Court of Justice of the European Union in joined cases Alo and Osso: two preliminary rulings submitted by the German Federal Administrative Court in the context of two cases concerning the obligation to reside in a particular place imposed on two beneficiaries of...

Creación de una Guardia Europea de Fronteras y Costas: Breve análisis de la propuesta de Reglamento de la Comisión Europea de 15 de diciembre de 2015

Insight

Abstract: On 15 December 2015, the European Commission launched a legislative initiative establishing a European Border and Coast Guard System, which would succeed Frontex in providing operational assistance to the Member States in the management of the external borders of the European Union. Although the legislative process is still at the stage of...

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