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The Pragmatism of the Court of Justice on the Detention of Irregular Migrants: Comment on Affum


Abstract: The recent Affum decision (judgment of 7 June 2016, case C-47/15) represents a new step forward in the case law of the Court of Justice on the detention of irregular migrants. The Court, departing from its previous case law in Achughbabian and El Dridi, adopts a rather pragmatic approach, preferring to stick...

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


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...

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


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]...

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


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...

Du vin vieux dans de nouvelles outres? Réflexions sur la proposition de règlement “Dublin IV”


Abstract: The forced migration upsurge in 2015 prompted the recast of the Common European Asylum System (CEAS), intended to bring “more Europe” into the integrated management of the Area of Freedom, Security and Justice. This achievement is deemed to be fundamental by EU institutions, in order to cope with emerging centrifugal forces and to ensure...

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


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...

Al-Dulimi and Competing Concepts of International Organizations


Abstract: This Insight focuses on the two judgments of the European Court of Human Rights in the case Al-Dulimi and Montana Management Inc. v. Switzerland. It discusses the different approaches adopted by the European Court to deal with the responsibility of Member States of international organizations. It contends that the Court...

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


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...

License to Presume: The Compatibility Between the European Convention of Human Rights and Security Council Resolutions in Al-Dulimi and Montana Management Inc v. Switzerland


Abstract: The judgment of the Grand Chamber in Al-Dulimi and Montana Management Inc. v. Switzerland can be praised as an effort to avoid contradictions between the UN Charter and the European Convention of Human Rights. It is also a reminder that UN Sanctions Committees still fail to meet fair trial standards. However, the...

Tasse ambientali sugli autoveicoli e divieto di imposizioni interne discriminatorie nella sentenza Budisan


Abstract: In its judgment of 9 June 2016, the ECJ ruled on the consistency with Art. 110 TFEU of environmental stamp duties, the Romanian tax on pollutant emissions, with reference to fiscal neutrality as between second-hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market. The Court...