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Denialism as the Supreme Expression of Realism – A Quick Comment on NF v. European Council

Insight

Abstract: By Order of 28 February 2017 in case T-192/16, NF v. European Council, the General Court dismissed as inadmissible an action for annulment brought against the s.c. EU-Turkey deal concluded on 18 March 2016. In the view of the General Court, independently of its binding nature, the deal is to be attributed to the Member States and...

CETA and Global Governance Law: What Kind of Model Agreement Is It Really in Law?

Insight

Abstract: The EU-Canada Economic and Trade Agreement (CETA) provides for the free movement of goods, persons and capital to various degrees and its depth and breadth remain to be seen, as a high profile next generation WTO plus Agreement. CETA may well become a model for future mega regionals, for reasons of its new model and scope. It is quite...

A Br-Exit Strategy: Questioning Dualism in the Decision R (Miller) v. The Secretary of State for Exiting the European Union

Insight

Abstract: The authors offer an alternative reading of the judgment R (Miller) v. The Secretary of State for Exiting the European Union focusing on the dualistic v. monistic dichotomy which permeates the High Court’s reasoning. The authors argue that the Court strives for rendering a substantive reading of the relationship between...

The Dogan et al. v. Turkey Case: A Missed Opportunity to Recognise Positive Obligations as Regards the Freedom of Religion

Insight

Abstract: In the Doğan et al. v. Turkey case (judgment of 26 April 2016, no. 62649/10), the Grand Chamber of the European Court of Human Rights decided on an application made by several Turkish citizens belonging to the Alevi faith. They complained not to be able to enjoy the same guarantees granted to citizens of the Sunni branch of Islam...

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

Insight

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

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...

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

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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

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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”

Insight

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?

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...

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