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Latest Insights on the European Union and the European Integration

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Beshkov or the Long Road to the Principle of Social Rehabilitation of Offenders

Insight

Abstract: This Insight provides an analysis of the first preliminary ruling (Court of Justice, judgment of 21 September 2017, case C-171/16, Beshkov) concerning some provisions of the Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of...

Emergency Measures Against GMOs 
Between Harmonizing and De-harmonizing
 Trends: The Case Fidenato et al.

Insight

Abstract: This Insight comments on the preliminary ruling in the case Fidenato et al. (judgment of 13 September 2017, case C-111/16), in which the Court of Justice excluded that Member States may rely on the precautionary principle enshrined in Art. 7 of Regulation 178/2002 to adopt emergency measures against the cultivation of...

De la délicate interprétation du Système Dublin

Insight

Abstract: The Jafari case ruled in July 2017 (Court of Justice, judgment of 26 July 2017, case C-646/16, Jafari [GC]) gives the CJEU the opportunity to come back on the summer 2015 migration crisis. The difficult articulation between Dublin III Regulation and other relevant legal instruments in such a particular context...

European Citizens’ Initiatives, Greek Debt and Court of Justice: The Final Chapter

Insight

Abstract: For the first time the Court of Justice – in its Grand Chamber composition – has ruled upon the registration phase of a European Citizens’ Initiative (ECI) and, consequently, on the framework of the Commission’s powers in this respect. The ECI entitled “One Million Signatures for a Europe of Solidarity” – aimed at introducing in the EU economic and monetary...

L’attesa sentenza “Taricco bis”: brevi riflessioni

Insight

Abstract: The purpose of this work is to analyze the decision of the Court of Justice in M.A.S. judgment (Court of Justice, judgment of 5 December 2017, case C-42/17, M.A.S. and M.B. [GC]), after the reference for preliminary ruling of the Italian Constitutional Court, concerning the connection between the internal principle of...

La selettività negli aiuti fiscali: estensione della nozione e limiti alla discrezionalità fiscale nazionale

Insight

Abstract: Selectivity is a tricky notion when applied to fiscal aid, mostly because of the peculiar structure of this type of aid. As recent tax ruling cases (such as Apple, Fiat and Starbucks) have shown, the definition of the notion of fiscal aid is becoming crucial in determining the relationship between supranational...

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

Insight

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...

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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

Highlight

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

Highlight

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

Highlight

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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A New Consensus on the UK’s Role in Union External Action Post-Brexit: Two Wins for…?

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Keywords: Brexit – EU – UK – withdrawal – transition – trade.
 

The nature of an unfolding Brexit is that once something is put to paper everything is later flipped on its head. The Withdrawal Agreement of last week, despite its dismissal by Theresa May, appeared to represent a consensus as to what role the UK...

Between Rhetoric and Reality: 
Consensus on the UK’s Role 
in Union External Action Post-Brexit?

Highlight

Keywords: Brexit – EU – transition – external action – Draft Withdrawal Agreement – UK.
 

The EU Commission’s Draft Withdrawal Agreement (“the Agreement”)[1] prompted a strong response from Theresa May: “No UK prime minister could ever agree to it”....

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

Highlight

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...

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