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H. v. Council et Al. – A Minor Expansion of the CJEU’s Jurisdiction Over the CFSP

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  • 6768 reads
Stian Øby Johansen

Keywords: CJEU – Common Foreign and Security Policy – seconded staff – jurisdiction – attribution – European Union Police Mission in Bosnia and Herzegovina (EUPM bih).
 

On 19 July 2016 the Grand Chamber of the CJEU issued its judgment in case C-455/14 P, H. v. Council et al....

European Papers, 07.10.2016 | Posted in
The International Dimension of European Integration, The external action of the European Union

Trade Secrets and Whistleblower Protection in the European Union

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  • 12469 reads
Vigjilenca Abazi

Abstract: The recently adopted Trade Secrets Directive aims to increase incentives for cross-border innovation activities and business competitiveness in the European Union. Yet, the Directive has been controversial and criticized for failing to provide adequate safeguards for whistleblowers, i.e. individuals who expose information in the public...

European Papers, 03.10.2016 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Intellectual property

Integration Through Residence Conditions? The Beneficiaries of Subsidiary Protection Confronted with the Janus-faced National Integration Policies

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  • 2603 reads
Stefano Montaldo

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...

European Papers, 26.09.2016 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration

La prima volta per la procedura di controllo sul rispetto dei valori dell'Unione prevista dall'art. 7 TUE? Alcune implicazioni per l'integrazione europea

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  • 4897 reads
Emanuele Cimiotta

Keywords: European Commission – recommendation – Art. 7 TEU – EU common values – rule of law – serious and persistent breach.
 

Con la raccomandazione del 27 luglio 2016[1] la Commissione europea ha proseguito la propria attività rispetto alla crisi costituzionale in...

European Papers, 26.09.2016 | Posted in
The Constitutional Dimension of the European Union, The institutional system, Decision-making procedures

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

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  • 6822 reads
Alberto Miglio

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...

European Papers, 26.09.2016 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Economic and monetary union, Visas, asylum and immigration

Illegal State Aids and Multinational Companies: The European Commission Decision on the Apple – Ireland Tax Ruling

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  • 7320 reads
Giulia D'Agnone

Keywords: Apple – State aid – arm’s length principle – tax regulations – multinational companies – OECD guidelines.
 

In its decision of 30 August 2016 the European Commission found that Ireland granted undue tax benefits to Apple and that, as a consequence, that Member State is under the obligation to recover...

European Papers, 20.09.2016 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector

Avotinš v. Latvia. The Uneasy Balance Between Mutual Recognition of Judgments and Protection of Fundamental Rights

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  • 15071 reads
Giacomo Biagioni

Abstract: The intersections between recognition and enforcement of foreign decisions in civil and commercial matters and protection of fundamental rights have been a subject of growing interest in the recent case-law of the European Court of Human Rights. The judgment of the Grand Chamber in Avotiņš v. Latvia is especially relevant, insofar...

European Papers, 30.08.2016 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Judicial cooperation and private international law

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

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  • 4067 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

Corporate Human Rights Responsibility, States’ Duty to Protect and UN GPs’ National Action Plans: Some Thoughts After the UK 2016 NAP Update

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  • 5691 reads
Marco Fasciglione

Abstract: With the recent update of its 2013 National Action Plan (NAP) the UK Government has given account of the process of implementation of the 2011 UN Guiding Principles on Business and Human Rights (GPs). In particular, the UK Government has listed the achievements made and the actions taken over the past two years in this regard. This ...

European Papers, 22.08.2016 | Posted in
The International Dimension of European Integration, Economic, financial and social integration

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

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  • 21512 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
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Displaying 341 - 350 (of 397 posts)

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