Browsing Freedom, Security & Justice: European Legal Studies by Title
Now showing items 85-104 of 224
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Immigrazione irregolare e diritti umani: la prospettiva della Corte EDU e della Corte UE
(2020)States have the right to regulate the presence of foreigners in their territory, provided that such regulation is not contrary to their international obligations, especially within the European framework. The European ... -
Impacto de la Estrategia global de seguridad de la UE para reforzar el acuerdo y el dialogo sobre derechos humanos UE - Cuba
(2021)The signing and implementation of the European Union’s Global Security Strategy included a change in EU’s relationship with the countries in Latin America and the Caribbean (LAC), particularly with Cuba. The Strategy ... -
Implementation of the Charter of fundamental rights by the Spanish Courts in the Junqueras case
(2021)This paper analyses the main decisions taken by the Spanish Supreme Court (SC) and the Spanish Constitutional Court (CC) in the Junqueras case that make explicit reference to the Charter of Fundamental Rights of the ... -
In search of Ecocide under EU Law. The international context and EU law perspectives
(2021)For some years now, the search for an ecocide has been promoted internationally. The Rome Statute is the formal context where environmental crimes might be inserted, although the Statute itself supports an explicit ICC ... -
In Search of the Legal Boundaries of an “Open Society”. The Case of Immigrant Integration in the EU
(2022)Diversity and pluralism are embedded in the political project of the Union as based on the archetype of a liberal “open society”. At the same time, the preservation and promotion of these values is being increasingly ... -
In tema di immunità dello Stato dalla giurisdizione: il complesso bilanciamento tra tutela dei diritti della persona e prerogative della Santa Sede
(2022)The possibility for the individual to bring a claim before a judge finds in the rule on sovereign immunity of States a limit established by customary law, that operates even when the person is a victim of serious human ... -
In tema di informazioni sui Paesi di origine nella procedura di riconoscimento della protezione internazionale
(2019)The UNHCR has provided indications concerning the principles and methods that should be used in establishing the conditions needed for the recognition of refugee status. The UNHCR directions show the centrality of the ... -
In the Court(s) We Trust - A Procedural Solution to the Mutual Trust Dilemma
(2017)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 ... -
Indipendenza della magistratura e non-regressione nella garanzia dei valori comuni europei. Dal caso Repubblika alla sentenza K 3/21 del Tribunale costituzionale polacco
(2021)The Repubblika judgment, delivered by the Court of Justice on 20 April 2021 in case C-896/19, is not just another piece of a courageous (albeit almost settled) case-law aimed at strengthening the guarantees of judicial ... -
Integrazione degli immigrati e rispetto della diversità culturale nel diritto dell’Unione europea
(2019)In the numerous EU law writings dealing with the integration of immigrants, the doctrine has focused on the principle that this must fundamentally tend to foster the gradual assimilation of immigrants into the social and ... -
International Sanctions of the European Union in Search of Effectiveness and Accountability
(2022)The paper investigates how the effectiveness of the European Union’s action and its accountability are tackled in the field of international sanctions regimes. This is particularly meaningful for sanctions targeting ... -
Introduzione [a Convenzione europea dei diritti dell’uomo e delle libertà fondamentali e ordinamento italiano: nuovi sviluppi sostanziali e procedurali]
(2023)The paper outlines the substantial and procedural developments that have occurred in recent years in the context of the European system for the protection of Human Rights, evoking in particular the traumatic event for ... -
Italy as an unsafe place? The protection of migrants’ fundamental rights as a systemic issue in the dialogue between Courts: some recent developments
(2023)The purpose of this contribution is to develop a reflection on judicial dialogue within the framework of migrants’ rights, moving from two recent judgments adopted by the ECtHR and by the Dutch Council of State, both ... -
Judicial Dialogue between National Constitutional Judges and EU Judges in the Context of the Single Supervisory Mechanism: Opportunity for a Reverse Preliminary Ruling?
(2022)The article analyzes the consequences of the recognized exclusive jurisdiction of the Court of Justice of the European Union in some common procedures carried out within the Single Supervisory Mechanism and the limits ... -
Jurisdiction in Contractual Matters under the Brussels Ia Regulation: Where do Mixed Contracts Stand?
(2017)This paper addresses how the rules regarding jurisdiction in contractual matters provided for in the Brussels Ia Regulation (having the same scope of the previous Brussels I) may be applied to cases involving mixed ... -
Jurisdiction, Recognition and Enforcement of Judgments in Claims Arising out of Smart Contracts under the Brussels I Regulation (recast) and on the Blockchain
(2022)The emergence of Distributed Ledger Technology (DLT)/blockchain and its application through the so-called smart contracts poses significant challenges from the point of view of classical contract law and private international ... -
Legal persons and cross-border crimes in the EU: current issues and prospects
(2021)In a recent judgment, the Italian Supreme Court has stated that a foreign company can be held liable for crimes committed in the national territory, regardless of the location of its registered offices. This ruling ... -
La libera circolazione degli atti pubblici in materia civile: un passo avanti nello spazio giudiziario europeo
(2017)The Union has set the objective of developing an area of freedom, security and justice in which the access to justice for citizens and companies in cross border civil matters is ensured. In order to achieve an European ... -
Libertà di espressione e tutela della dignità delle giornaliste: il contrasto all’online sexist hate speech nello spazio digitale europeo
(2022)The impact of technological innovation on freedom of expression – also due to the massive and rapid spread of social media – leads to a renewed reflection on the possible limits and balances with other rights to which ...