EU-Turkey Deal: Violation of, or Consistency with, International Law?

Insight

Abstract: This article examines whether the European Union-Turkey deal violates or adheres to international law. In particular, the article examines Turkey as a “safe third country” and seeing whether Turkey complies with the principle of non-refoulement. The article argues that the EU-Turkey deal violates international law in a number of...

Theory and Practice of Emissions Trading in the European Union: Some Reflections on Allowance Allocation in Light of the DK Recycling Case

Insight

Abstract: In its judgment of 22 June 2016, DK Recycling und Roheisen GmbH v. Commission, the Court of Justice ruled on an appeal brought by a German undertaking operating installations subject to the European Union Emissions Trading System (EU ETS), i.e. a “carbon market” where operators trade greenhouse gas emission allowances. At issue in...

Changement volontaire du nom, titres nobiliaires et ordre public: l’arrêt Bogendorff von Wolffersdorff

Insight

Abstract: In a recent ruling (judgment of 2 June 2016, case C-438/14, Bogendorff von Wolffersdorff) concerning the recognition in a Member State of the name and surname of a dual national, freely chosen in another Member State and containing a number of tokens of nobility, the Court of Justice focused on the proportionality of the...

The EU-Turkey Agreement: A Controversial Attempt at Patching up a Major Problem

Insight

Abstract: On 18 March 2016 the European Union and Turkey reached an agreement aimed at solving the issue of the high numbers of migrants crossing the Mediterranean Sea from Turkey to Greece. This agreement intended to close the people-smuggling routes and reduce the number of migrants entering the EU. It focused principally on the following issues:...

Précisions sur la gestion du système européen d’échange de quotas d’émission de gaz à effet de serre

Highlight

Keywords: greenhouse emission scheme – allowances – thievery – rectification decision – Kyoto Protocol – legal certainty.
 

Plus de dix ans après son adoption, la directive 2003/87 CE[1] du Parlement européen et du Conseil du 13 octobre 2003 établissant un système d’...

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

Insight

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...

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...

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

Insight

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...

L’esecuzione transfrontaliera delle astreintes alla luce del regolamento (CE) 2201/2003 c.d. Bruxelles II-bis

Insight

Abstract: In its decision of 9 September 2015 in case C-4/14, Bohez v. Wiertz, the CJEU dealt with the enforcement in a Member State of a penalty payment (astreinte) imposed, under Regulation (EC) 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental...

La ‘tragedia’ delle frontiere europee

Insight

Abstract: International press titled: “Schengen, one of the pillars of the EU, is dead”. The European Commission establish a roadmap to “come back to Schengen”. Between national concerns about the arrival of thousands of migrants, and national fear of being left alone in managing the crisis, this Insight aims to provide an analysis of the crisis and...

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