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Últimos Comentarios sobre la Unión Europea y la integración europea


De la délicate interprétation du Système Dublin


Abstract: The Jafari case ruled in July 2017 (Court of Justice, judgment of 26 July 2017, case C-646/16, Jafari [GC]) gives the CJEU the opportunity to come back on the summer 2015 migration crisis. The difficult articulation between Dublin III Regulation and other relevant legal instruments in such a particular context...

European Citizens’ Initiatives, Greek Debt and Court of Justice: The Final Chapter


Abstract: For the first time the Court of Justice – in its Grand Chamber composition – has ruled upon the registration phase of a European Citizens’ Initiative (ECI) and, consequently, on the framework of the Commission’s powers in this respect. The ECI entitled “One Million Signatures for a Europe of Solidarity” – aimed at introducing in the EU economic and monetary...

L’attesa sentenza “Taricco bis”: brevi riflessioni


Abstract: The purpose of this work is to analyze the decision of the Court of Justice in M.A.S. judgment (Court of Justice, judgment of 5 December 2017, case C-42/17, M.A.S. and M.B. [GC]), after the reference for preliminary ruling of the Italian Constitutional Court, concerning the connection between the internal principle of...

La selettività negli aiuti fiscali: estensione della nozione e limiti alla discrezionalità fiscale nazionale


Abstract: Selectivity is a tricky notion when applied to fiscal aid, mostly because of the peculiar structure of this type of aid. As recent tax ruling cases (such as Apple, Fiat and Starbucks) have shown, the definition of the notion of fiscal aid is becoming crucial in determining the relationship between supranational...

Humanitarian Visas and EU Law: Do States Have Limits to Their Discretionary Power to Issue Humanitarian Visas?


Abstract: In a context of serious humanitarian and human security concerns raised by large-scale forced migration arriving at the borders of European countries from the Middle East and Africa, the Court of Justice of the European Union has restrictively interpreted the rules on visas with limited territorial validity included in the Community Code...

A European Court of Human Rights’ Systematization of Principles Applicable to Expulsion Cases


Abstract: The European Court of Human Rights has developed a large case-law regarding expulsion cases, of which cases linked to asylum applications constitute a significant number. This Insight analyses the case of J.K. et al. v. Sweden [GC] (judgment of 23 August 2016, no. 59166/12), which constitutes an attempt on the part of the...

The Dublin III System: More Derogations to the Duty to Transfer Individual Asylum Seekers?


Abstract: In the C.K. et al. v. Republika Slovenija ruling (judgment of 16 February 2017, case C-578/16 PPU), the Court of Justice ruled that the transfer of the asylum seeker should be suspended if the particular medical condition of the applicant is so serious as to provide substantial grounds for believing that the transfer would result...

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Últimas Notas sobre la Unión Europea


Careful Where You Log In. Handicaps of a Geographical Criterion


Keywords: Tele2 – CJEU – CFREU – directive 2002/58 – serious crime – geographical criterion.

The present Highlight focusses on an aspect of the judgment of the Court of Justice, of 21 December 2016, Tele2 Sverige.[1] The Court decided that Art. 15...

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]...

Restricciones a la libre circulación de capitals mediante beneficios fiscales en materia de sucesiones


Keywords: taxation – free movement of capital – inheritance – residence – objectively comparable situation – public interest.

El asunto Comisión contra Grecia[1] ha venido a aumentar el número de pronunciamientos del TJUE en lo referido a las regulaciones...

The Company You Keep: The Court of Justice Confirms Sanctions Against Persons Associated with Zimbabwe Regime


Keywords: restrictive measures – CFSP – Art. 29 TEU – listing criteria – persons associated with the regime – Zimbabwe.

On 28 July 2016, the European Court of Justice confirmed the legality of restrictive measures taken by the European Union against the former Attorney General of Zimbabwe and further 120...

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Últimas Notas sobre la integración europea


Between Rhetoric and Reality: 
Consensus on the UK’s Role 
in Union External Action Post-Brexit?


Keywords: Brexit – EU – transition – external action – Draft Withdrawal Agreement – UK.

The EU Commission’s Draft Withdrawal Agreement (“the Agreement”)[1] prompted a strong response from Theresa May: “No UK prime minister could ever agree to it”....

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...

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...

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