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The European Integration Through Human Rights

Protection of human rights in Europe

Human dignity, equality and non-discrimination

Citizenship and civil and political rights

Fundamental freedoms

Justice

Solidarity and economic and social rights

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License to Presume: The Compatibility Between the European Convention of Human Rights and Security Council Resolutions in Al-Dulimi and Montana Management Inc v. Switzerland

Insight
  • 7150 reads
Asier Garrido Muñoz

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...

European Papers, 22.12.2016 | Posted in
The European Integration Through Human Rights, Protection of human rights in Europe

Al-Dulimi and Competing Concepts of International Organizations

Insight
  • 5948 reads
Lorenzo Gasbarri

Abstract: This Insight focuses on the two judgments of the European Court of Human Rights in the case Al-Dulimi and Montana Management Inc. v. Switzerland. It discusses the different approaches adopted by the European Court to deal with the responsibility of Member States of international organizations. It contends that the Court...

European Papers, 22.12.2016 | Posted in
The European Integration Through Human Rights, Protection of human rights in Europe

Changement volontaire du nom, titres nobiliaires et ordre public: l’arrêt Bogendorff von Wolffersdorff

Insight
  • 6761 reads
Giulia Rossolillo

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...

European Papers, 29.11.2016 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Citizenship, EU Policies and the Area of Freedom, Security and Justice, Judicial cooperation and private international law, The European Integration Through Human Rights, Protection of human rights in Europe

The Proposal for a New Directive on Countering Terrorism: Two Steps Forward, How Many Steps Back?

Highlight
  • 4085 reads
Asier Garrido Muñoz

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...

European Papers, 29.08.2016 | Posted in
The European Integration Through Human Rights, Justice

Different Arguments Lead to the Same Result: The Tobacco Products Directive Is Declared Valid by the Court of Justice

Insight
  • 21570 reads
Elisabet Ruiz Cairó

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...

European Papers, 20.08.2016 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, The European Integration Through Human Rights, Protection of human rights in Europe

“Clash of Titans”. General Principles of EU Law: Balancing and Horizontal Direct Effect

Insight
  • 19446 reads
Elena Gualco, Luísa Lourenço

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...

European Papers, 08.08.2016 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The European Integration Through Human Rights, Human dignity, equality and non-discrimination

García Nieto: Another Restrictive Approach in the European Citizenship Case Law

Highlight
  • 9557 reads
Elisa Uría Gavilán

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...

European Papers, 08.08.2016 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Citizenship, The European Integration Through Human Rights, Fundamental freedoms

Data Protection as a Central Issue of ECJ Policies: From Digital Rights Ireland to Data Protection Commissioner [Ireland]

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  • 6893 reads
Vincenzo Zeno-Zencovich

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...

European Papers, 22.04.2016 | Posted in
The European Integration Through Human Rights, Protection of human rights in Europe
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