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A Check Move for the Principle of Mutual Trust from Dublin: The Celmer Case

Insight

Abstract: This Insight comments on the recent referral for a preliminary ruling by the Irish High Court Minister of Justice and Equality v. Celmer (judgment of 12 March 2018, no. 2017 EXT 291) in the case concerning a Polish citizen sought by the Republic of Poland pursuant to the European Arrest Warrant. The key problem relates to...

La Corte costituzionale chiude la “saga Taricco”: tra riserva di legge, opposizione de facto del controlimite e implicita negazione dell’effetto diretto

Insight

Abstract: This Insight focuses on the recent ruling delivered by the Italian Constitutional Court (ICC) on April 10th 2018, n. 115 (which has been lodged on May 31st 2018), on the so called Taricco affair. The author submits three main arguments. The first is that the ICC, by explicitly rejecting the possible...

Minister for Justice v. O'Connor: A Decisive Moment for the Future of the EAW in the UK

Insight

Abstract: The Irish Supreme Court (IESC) decided to lodge a request for a preliminary ruling with the CJEU in Minister for Justice v. O’Connor on February 1st. The IESC enquired the CJEU about the possibility of surrendering individuals to the UK who will be imprisoned beyond the date on which this country will withdraw from the...

Regulation of Sport Activities 
and Right to Respect to Private Life
 Under the European Convention
 on Human Rights

Insight

Abstract: In Fédération Nationale des Syndicats Sportifs (FNASS) and others v. France (judgment of 18 January 2018, no. 48151/11 and 77769/13), the European Court of Human Rights assessed the compatibility between the right to private and family life and a French Order regulating unannounced anti-doping controls for sport professionals....

De la délicate interprétation du Système Dublin

Insight

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

Insight

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

Insight

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...

Il seguito del caso Taricco: l’Avvocato generale Bot non apre al dialogo tra Corti

Insight

Abstract: The reference of the Constitutional Court for a preliminary ruling under Art. 267 TFEU in the follow-up of the Taricco case (Court of Justice, judgment of 8 September 2015, case C-105/14, Taricco et al. [GS]) should not be read as a bold challenge to the Court of Justice’s ruling, but as an opportunity for a real dialogue...

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice?

Insight

Abstract: In Front Polisario (judgment of 21 December 2016, case C-104/16 P, Council of the European Union v. Front Polisario [GC]), the Court of Justice was called to assess the validity of a decision that had concluded an agreement providing for reciprocal liberalisation measures on agriculture and fishery products between the EU...

Positioning Efler in the Current Narrative of European Citizens’ Initiatives

Insight

Abstract: Efler (General Court, judgment of 10 May 2017, case T-754/14, Efler et al. v. Commission) is the last in a stream of cases dealing with the European Citizens’ Initiative (ECI). This Insight seeks to position Efler in the current narrative of ECIs taking into account the Commission’s powers – as well as...

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