On a Collision Course! Mutual Recognition, Mutual Trust and the Protection of Fundamental Rights in the Recent Case-law of the Court of Justice

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Table of Contents: I. Introduction. – II. Mutual recognition and mutual trust: unattainable stars in the sky? – III. Set on a collision course: the limits of mutual recognition and mutual trust. – IV. Meteor approaching! Fundamental rights and the European arrest warrant. – V. Set on a collision course: from N.S. to the recent case-law...

A New Crack in the Wall of Mutual Recognition and Mutual Trust: Ne Bis in Idem and the Notion of Final Decision Determining the Merits of the Case

Insight

Abstract: The Insight considers the case law of the Court of Justice concerning the notion of “finally disposed”, i.e. a constitutive element of the European ne bis in idem principle. In order to trigger the right not to be tried or punished twice, a national decision must be final and has to contain a sufficient determination of...

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

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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...

Basi giuridiche supplementari, derivate e... abrogate? La Corte di giustizia conferma la validità della decisione che integra l’elenco di partner internazionali di Europol

Insight

Abstract: The comment focuses on three issues addressed by the ECJ in case C-363/14, European Parliament v. Council, concerning the validity of an implementing decision adopted on 6 May 2014, which amended the list of Europol’s international partners. The first issue concerns the choice of the legal basis for the decision. The second issue...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo