http://elea.unisa.it/xmlui/handle/10556/2393 2026-04-20T09:41:48Z http://elea.unisa.it/xmlui/handle/10556/2402 Editoriale Di Stasi, Angela 2017-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/2401 Uno spazio di libertà, sicurezza e giustizia a misura di minori: la sfida (in)compiuta dell’Unione europea nei casi di sottrazione internazionale Baruffi, Maria Caterina Children’s rights are addressed in various international instruments and in Brussels IIa Regulation (No 2201/2003). Having regard to EU competence in private international law issues related to family matters, Member States were requested to ratify the relevant Hague Conventions. In particular, the 1996 Convention on measures for the protection of children complements the Brussels IIa Regulation, by providing rules on the determination of the applicable law. Especially in cases of international child abduction, national authorities are called to adopt decisions by applying and coordinating all relevant provisions with the aim of ensuring the protection of children’s rights and their best interests. Against this background, the 2016 proposal for recast of the Brussels IIa Regulation suggested amendments in order to improve its effectiveness. 2017-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/2400 In the Court(s) We Trust - A Procedural Solution to the Mutual Trust Dilemma Düsterhaus, Dominik This paper scrutinizes the multi-faceted implementation of mutual trust and recognition in the EU’s Area of Freedom, Security and Justice and suggests subjecting the operation of these principles to a stricter procedural framework. In order to conciliate respect for EU law with individual protection, national judges finding their obligation to give effect to mutual recognition to be incompatible with fundamental rights should defer the matter to the Court of Justice of the European Union for an urgent preliminary ruling (PPU). 2017-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/2399 Mobilità nell’impiego e diritti dei lavoratori: riflessioni tra cooperazione in materia civile e relazioni esterne dell’Unione europea Fratea, Caterina This paper focuses on the mobility of posted workers both within the EU and at an international level. From the first point of view a fundamental role is played by the p.i.l. rules on the applicable law contained not only in the Rome I Regulation but also in the Directive No. 96/71 on posted workers. The latter, in particular, integrates the p.i.l. rules by establishing a core of overriding mandatory provisions aimed at guaranteeing a minimum level of protection to posted workers. In the free trade and investment agreements concluded by the EU, on the contrary, p.i.l. provisions are absent and the only tool that can be referred to in order to ensure workers the highest protection possible is a dynamic interpretation of the social chapters of new generation contained in such agreements in the light of the ILO core labour standards. 2017-01-01T00:00:00Z