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The European Integration Through Human Rights

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Generalstaatsanwaltschaft Berlin: A Further Development of Extradition Rules of Union Citizens to Third Countries

Insight
  • 10832 reads
Silvia Giudici

Abstract: Case C-398/19 Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) introduces relevant developments to the case-law on extradition of Union citizens to third countries. The Court of Justice establishes that the rules defined in its previous case-law apply to a Union citizen who has acquired the nationality of a Member...

European Papers, 11.06.2021 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Citizenship, EU Policies and the Area of Freedom, Security and Justice, Police and judicial cooperation in criminal matters, The European Integration Through Human Rights, Protection of human rights in Europe

Case Prokuratuur: Proportionality and the Independence of Authorities in Data Retention

Insight
  • 17897 reads
Sophia Rovelli

Abstract: Records of electronic communication metadata allow detailed conclusions about habits of daily life, such as places of residence, activities carried out, or social relations. This data can therefore be useful in criminal investigations. The CJEU elaborated in case Prokuratuur (case C-746/18 ECLI:EU:C:2021:152) on the conditions of...

European Papers, 11.06.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Police and judicial cooperation in criminal matters, The European Integration Through Human Rights, Protection of human rights in Europe

The Application of Art. 10 of Brussels II-Bis to Children Abducted Out of the EU: The Last UK Reference on Family Law?

Insight
  • 13063 reads
Nigel Lowe QC (Hon)

Abstract: Upon probably the last reference from the UK on Family Law, in SS (case C-603/20 PPU ECLI:EU:C:2021:231) the CJEU was asked to rule, on the application of art. 10 of Brussels II-bis where a child, formerly habitually resident in a Member State, is abducted to and becomes resident in a third State. This Insight....

European Papers, 11.06.2021 | Posted in
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 Court of Justice’s Self-restraint of Reviewing Financial Assistance Conditionality in the Chrysostomides Case

Insight
  • 12024 reads
Isabel Staudinger

Abstract: In the Chrysostomides case (joined cases C-597/18 P, C-598/18 P, C-603/18 P and C-604/18 P Council v Chrysostomides & Co. and Others ECLI:EU:C:2020:1028), the Court of Justice (ECJ) confirmed its previous finding that the Eurogroup has only an informal and intergovernmental nature. Building on the cases Ledra...

European Papers, 28.05.2021 | Posted in
The Constitutional Dimension of the European Union, Judicial review, EU Policies and the Area of Freedom, Security and Justice, Economic and monetary union, The European Integration Through Human Rights, Justice

Carta dei diritti fondamentali, applicabilità e rapporti fra giudici: la necessità di una tutela integrata

Insight
  • 28674 reads
Bruno Nascimbene

Abstract: The year 2020 marked the 20th anniversary of the proclamation of the Charter of Fundamental Rights of the European Union. It was drawn up at the end of a long process, to which the Court of Justice has contributed substantially, affirming since the seventies the obligation to protect fundamental rights in the Community. The drafting of a...

European Papers, 22.04.2021 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Judicial review, The impact of EU law over national law, The European Integration Through Human Rights, Protection of human rights in Europe

Rule of Law Conditionality: The Long-awaited Step Towards a Solution of the Rule of Law Crisis in the European Union?

Insight
  • 25071 reads
Niels Kirst

Abstract: In December 2020, the European Parliament and the Council adopted a new piece of legislation aimed at protecting the rule of law in the Member States of the Union – the so-called rule of law Conditionality Regulation. This contribution tracks the legislative process in the run up to the new Regulation, analyses the substance and the...

European Papers, 22.04.2021 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, Integration in the fields of rule of law and democratization

Religious Slaughtering, a Stunning Matter: Centraal Israëlitisch Consistorie van België and Others

Insight
  • 14807 reads
Lena Hehemann

Abstract: In Centraal Israëlitisch Consistorie van België and Others (case C-336/19 ECLI:EU:C:2020:1031) the Court of Justice held that EU Member States are allowed to require, in the context of ritual slaughter, a reversible stunning procedure which cannot result in the animal’s death. According to the Court, Regulation 1099/2009 on the...

European Papers, 22.04.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Protection of human rights in Europe, Human dignity, equality and non-discrimination

Does Stand-by Time Count as Working Time? The Court of Justice Gives Guidance in DJ v Radiotelevizija Slovenija and RJ v Stadt Offenbach am Main

Highlight
  • 13186 reads
Rebecca Zahn

Keywords: working time – Court of Justice – stand-by time – rest period – Working Time Directive – health and safety.
 

On 9 March 2021, the Grand Chamber of the Court of Justice of the European Union (CJEU) added two judgments to a long line of case law interpreting the meaning of “working time” under art. 2 of...

European Papers, 22.04.2021 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, The European Integration Through Human Rights, Solidarity and economic and social rights
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Displaying 41 - 48 (of 132 posts)

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