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Workshop “The External Dimensions of EU Migration Policies: Effectiveness, Fairness and Rule of Law Reconsidered” (19-20 October 2017) – University of Salamanca and Centre for European Policy Studies

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In 2018 the University of Salamanca will celebrate its eighth centenary. This Workshop forms part of a wider set of international conferences and events that will be organised on that occasion in Salamanca focused on current international challenges. The event will focus on the main issues and challenges inherent to...

Conference “Fundamental Guarantees in European Judicial Proceedings: Coexistence, Comparison and Conflicts Among Legal Systems” (21-22 September 2017) – Universities of Rome “Unitelma Sapienza” and “La Sapienza”

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Co-sponsored by the Universities of Rome “Unitelma Sapienza” and “La Sapienza”, and under the auspices of European Papers – A Journal on Law and Integration, the Conference on “Fundamental Guarantees in European Judicial Proceedings: Coexistence, Comparison and Conflicts Among Legal...

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Latest Insights on the European Union and the European Integration

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Humanitarian Visas and EU Law: Do States Have Limits to Their Discretionary Power to Issue Humanitarian Visas?

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Abstract: In a context of serious humanitarian and human security concerns raised by large-scale forced migration arriving at the borders of European countries from the Middle East and Africa, the Court of Justice of the European Union has restrictively interpreted the rules on visas with limited territorial validity included in the Community Code...

A European Court of Human Rights’ Systematization of Principles Applicable to Expulsion Cases

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Abstract: The European Court of Human Rights has developed a large case-law regarding expulsion cases, of which cases linked to asylum applications constitute a significant number. This Insight analyses the case of J.K. et al. v. Sweden [GC] (judgment of 23 August 2016, no. 59166/12), which constitutes an attempt on the part of the...

The Dublin III System: More Derogations to the Duty to Transfer Individual Asylum Seekers?

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Abstract: In the C.K. et al. v. Republika Slovenija ruling (judgment of 16 February 2017, case C-578/16 PPU), the Court of Justice ruled that the transfer of the asylum seeker should be suspended if the particular medical condition of the applicant is so serious as to provide substantial grounds for believing that the transfer would result...

Il seguito del caso Taricco: l’Avvocato generale Bot non apre al dialogo tra Corti

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Abstract: The reference of the Constitutional Court for a preliminary ruling under Art. 267 TFEU in the follow-up of the Taricco case (Court of Justice, judgment of 8 September 2015, case C-105/14, Taricco et al. [GS]) should not be read as a bold challenge to the Court of Justice’s ruling, but as an opportunity for a real dialogue...

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?

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Abstract: In Front Polisario (judgment of 21 December 2016, case C-104/16 P, Council of the European Union v. Front Polisario [GC]), the Court of Justice was called to assess the validity of a decision that had concluded an agreement providing for reciprocal liberalisation measures on agriculture and fishery products between the EU...

L’accesso al mercato delle concessioni delle aree demaniali delle coste marittime e lacustri tra tutela dell’investimento ed interesse transfrontaliero certo

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Abstract: The debate about the access to the Italian market of maritime (and lakeside) concessions has not ended yet. In 2008, the European Commission opened an infringement procedure against Italy, alleging that the regime of the preferential rights to the state-owned maritime property concessionaires was inconsistent with Art. 49 TFEU and with the...

El destino de los libros olvidados

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Abstract: The Court of Justice has recently analysed the compatibility of the French regulation about certain uses of out-of-commerce works with the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (judgment of 16...

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Latest Highlights on the European Union

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A New Derogation to the Admissibility of an Application in Staff Cases: The Cerafogli Judgment

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Keywords: EU staff – pre-litigation procedure – admissibility – plea of illegality – rule of correspondence – amicable settlement.
 

On 27 October 2016, the Extended Composition of the Appeal Chamber of the GC rendered the judgment in ECB v. Cerafogli.[1]...

Restricciones a la libre circulación de capitals mediante beneficios fiscales en materia de sucesiones

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Keywords: taxation – free movement of capital – inheritance – residence – objectively comparable situation – public interest.
 

El asunto Comisión contra Grecia[1] ha venido a aumentar el número de pronunciamientos del TJUE en lo referido a las regulaciones...

The Company You Keep: The Court of Justice Confirms Sanctions Against Persons Associated with Zimbabwe Regime

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Keywords: restrictive measures – CFSP – Art. 29 TEU – listing criteria – persons associated with the regime – Zimbabwe.
 

On 28 July 2016, the European Court of Justice confirmed the legality of restrictive measures taken by the European Union against the former Attorney General of Zimbabwe and further 120...

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Condizione di precarietà ed incertezza dei richiedenti protezione internazionale al vaglio della Corte europea dei diritti umani: in margine al caso B.A.C. c. Grecia

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Keywords: protection of the right to private life – torture and inhuman or degrading treatment or punishment – Greek System of International Protection – repatriation – extradition –Turkey.
 

La recente sentenza B.A.C. c. Grecia[1] ha rappresentato l’occasione per una presa di posizione...

The EU Solution to Deal with the Dutch Referendum Result on the EU-Ukraine Association Agreement

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Keywords: EU-Ukraine cooperation – association agreement – Dutch referendum – European Council – mixed agreements – international agreements.
 

On 6 April 2016 the Dutch population was asked to be voor (in favour) or tegen (against) the act to approve the Association Agreement between the...

Representing the People vs Channelling Them: Constitutional Niceties in an Age of Instant Democratic Gratification

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Keywords: Brexit – UK constitutional law – Article 50 TEU – prerogative – separation of powers – treaty-making.
 

On 3 November 2016 the High Court decided in the case R (Miller) v. Secretary of State for Exiting the European Union[1] that the Prime Minister...

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