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The Aletho Judgement: UNRWA Protection as Grounds for Exclusion from Refugee Status and Inadmissibility of an Application for International Protection

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Keywords: UNRWA – asylum – inadmissibility of application – exclusion – first country of asylum – ex nunc examination.
 

Directive 2011/95[1] establishes in Art. 12 exclusion cases from refugee status, which include cases where the applicant is under the “...

Asylum and Return: The Gnandi Case, or a Clarification of the Right to an Effective Remedy

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Abstract: In Gnandi (Court of Justice, Judgment of 19 June 2018, case C-181/16 [GC]), the Court of Justice has clarified under which conditions a negative asylum decision may be combined with a return decision and which effects the combination of the two has in the light of the right to an effective remedy.

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Consequences of Brexit for European Private International Law

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Abstract: International jurisdiction, recognition and enforcement of judgments in Europe will be considerably affected by Brexit. The Brussels I regime threatens to fall back from the Recast Regulation to the outdated 1968 Convention, which the Withdrawal Agreement intends to prevent. An alternative might be the UK’s accession to the 2007 Lugano...

La direttiva 2017/1371 e l’armonizzazione della prescrizione nei reati di frode fiscale: una possibile soluzione al conflitto tra Corti sorto dalla vicenda Taricco

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Abstract: This Insight focuses on a – apparently overlooked – passage of the decision M.A.S and M.B. (judgment of 5 December 2017, case C-42/17 [GC], or Taricco II), referring to the Directive 2017/1371. The Court of Justice seemingly assumes that the Directive imposes to the Member States to consider criminal limitations...

Shedding Light on the Protective Regime for Unaccompanied Minors Under the Family Reunification Directive: The Case of A and S

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Abstract: Family reunification constitutes one of the most pressing human rights issues for refugees, who are especially unaccompanied minors. Yet, the practical effectiveness of such a right is not always adequately ensured. Drawing from the recent decision of the Court of Justice in A and S (judgment of 12 April 2018, case C-550/16), the...

Directive (EU) 2017/1371 on the Fight Against Fraud to the Union’s Financial Interests by Means of Criminal Law: A Missed Goal?

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Abstract: This Insight analyses the so-called PIF Directive (i.e. Directive (EU) 2017/1371 of the European Parliament and the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law). The aim of the PIF Directive is to strengthen the protection of the financial interests of the Union and...

Organizzazioni di tendenza religiosa: quali limiti all’esenzione dal divieto di discriminazione religiosa in materia di lavoro?

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Abstract: The present Insight is an attempt to shed light on the Court’s findings in its Vera Egenberger judgment of 17 April 2018 (case C-414/16). For the first time, the Court interprets Art. 4, para. 2, of Directive 2000/78/EC, providing some important clarifications. Indeed, Art. 4, para. 2, establishes an exception to the general principle of...

The Expressive Dimension of the Union Citizenship Expulsion Regime: Joined Cases C-331/16 and C-366/16, K and HF

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Abstract: The case of in K and HF (Court of Justice, judgment of 2 May 2018, joined cases C-331/16 and C-366/16) turns on a very specific set of facts, namely the restriction of Union citizen’s residence rights on the basis of war crimes and crimes against humanity. Nonetheless, in its judgment the Court of Justice continues its development...

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