Browsing Freedom, Security & Justice: European Legal Studies by Title
Now showing items 105-124 of 134
-
Sovraffollamento carcerario: i criteri dettati dalla sentenza Dorobantu per il calcolo degli spazi. Una “bussola” per le scelte da compiere in periodo di emergenza sanitaria?
(2020)After briefly describing the context in which the orientation of the Dorobantu judgment developed, the contribution analyses the principles and criteria for calculating the spaces that the European Court of Justice has ... -
Uno spazio di libertà, sicurezza e giustizia a misura di minori: la sfida (in)compiuta dell’Unione europea nei casi di sottrazione internazionale
(2017)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 ... -
Lo spazio di libertà, sicurezza e giustizia alla prova delle più evolute forme di cooperazione amministrativa
(2017)The most advanced forms of administrative cooperation established by EU law have marked the evolution from cooperation mechanisms having a merely auxiliary character for the activities of national authorities (such as ... -
Stato di diritto sovranazionale e Stato di diritto interno: simul stabunt vel simul cadent
(2020)This study points out that the constitutional identity of the European Union and the Member States is essentially constituted by the common fundamental values, which, however, materialize in specific ways in each ... -
Sul controllo dello Stato di diritto nell’Unione europea
(2020)This article concerns the procedures of control of the respect of the rule of law, that is one of the values on which the Union is founded, in accordance with Article 2 TEU. Article 7 TEU provides for a procedure by which ... -
Sul partenariato UE-Stati terzi in ambito migratorio: le proposte del Nuovo Patto sulla migrazione e l’asilo in tema di rafforzamento delle capacità di border management
(2021)The aim of this paper is to provide an in-depth analysis of the New Pact on Migration and Asylum, proposed by the European Commission in 2020, with a focus on two fundamental aspects, namely the border asylum procedure and ... -
Sulla (im)mobilità sanitaria transfrontaliera nel contesto della (il)libertà di circolazione e di cura all’interno del territorio europeo: il “caso” inglese del piccolo Alfie Evans
(2019)This article is focused on the medical and judicial “case” of a little, English patient, Alfie Evans, suffering from a neurodegenerative pathology with probable genetic cause, which cannot be counteracted with the currently ... -
The balance between the protection of fundamental rights and the EU principle of mutual trust
(2018)In 2013, the European Court of Human Rights (ECtHR) was called to decide the Povse case, where the Bosphorus presumption was confronted with the principle of mutual trust and automatic recognition of judgments. These ... -
The challenge of today’s Area of Freedom, Security and Justice: a re-appropriation of the balance between claims of national security and fundamental rights
(2019)The twentieth anniversary of the area of freedom, security and justice (AFSJ) brings to light several transformations with regard to border management, and also several concerns that did not cease to reemerge twenty years ... -
The Enforcement of Posted Workers' Rights Across the European Union
(2017)The phenomenon of posting of workers is increasing across the European Union Member States and contributes to the development of the internal market. In the framework of transnational provision of services, the Directive ... -
The European Union’s Policy on Search and Rescue in the New Pact on Migration and Asylum: Inter-State Cooperation, Solidarity and Criminalization
(2021)The New Pact for Migration and Asylum, proposed by the European Commission in September 2020, embeds a comprehensive and multi-layered strategy addressing migration, asylum, border management and infra-European ... -
The fragmentation of reception conditions for asylum seekers in the European Union: Protecting fundamental rights or preventing long-term integration?
(2018)This article investigates the unequal treatment of asylum seekers across the European Union (EU). In particular, this article explores the way in which Directive 2013/33/EU (the “Reception Conditions Directive”) itself ... -
The fundamental right to an effective judicial protection and the rule of law in the EU and their impact on Member States’ administration of justice
(2021)The recognition of effective judicial protection under European Union law affects national regulations on the administration of justice. There is no doubt that the competence to regulate and act upon matters relating to ... -
The National Identity, in the Service of National Identities
(2017)From the outset, Community law had an absolute authority on national law. The primacy of the EU law has always been one of its fundamental characteristics which ensures its uniform application on the territory of the ... -
The tale of the European sandcastle: on the convergence and divergence of national detention systems across the European Union
(2019)Despite European organizations holding normative and monitoring influence over detention-related matters, the situation in national penitentiaries across the EU exhibits great disparities. The failure of national authorities ... -
The unconvicted detention of persons with mental impairments: the ECHR “unsound” that does not sound
(2021)Detention is an acknowledged violation of the right to liberty that enforces criminal law procedures. It is a coercive measure that aims to guarantee social freedom, security and justice. However, there are categories ...
