Freedom, Security & Justice: European Legal Studies: Recent submissions
Now showing items 241-260 of 271
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La recente disciplina europea sulla migrazione qualificata: tra promozione della migrazione circolare e politiche di integrazione
(2018)This article analyses the most recent European legislation on skilled migration - which ensures a more advanced treatment as compared to other categories of third-country nationals - with the aim of assessing whether its ... -
A proposito della Corte di giustizia UE e dei c.d. "controlimiti": i casi Melloni e Taricco a confronto
(2018)The supremacy of European law on the Member States’ law is a basic principle of the European integration process. Nonetheless there are some limits: the so-called “counter-limits”, developed by the constitutional jurisprudence ... -
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 ... -
Il rispetto del principio di legalità, la Corte di Giustizia e il controllo delle funzioni tecniche della Banca Centrale Europea
(2018)The essay illustrates show the reciprocal attention payed by the Court of Justice and the Bundesverfassungsgericht top their freedom, security and justice’s case law has contributed to better their relations to the ... -
De-politisation of Human Rights: the European Union and the Convention on the Rights of Persons with Disabilities
(2018)The definition of competences between the European Union (EU) and its Member States has always been a topic question. Both the EU and its Member States are Parties to the Convention on the Rights of Persons with Disabilities ... -
Mandato di arresto europeo e protezione dei diritti umani: problemi irrisolti e “incoraggianti” sviluppi giurisprudenziali
(2017)The article deals with the problem of the relationship between the European Arrest Warrant and the protection of Human Rights. By the analysis of the most important European Court’s cases-law in this subject, it is possible ... -
Us and Them: Restricting EU Citizenship Rights Through the Notion of Social Integration
(2017)The article addresses the impact of the concept of social integration on the European Union citizenship regime. Despite the lack of a clear legal definition, integration is gradually becoming a key cross-cutting category ... -
Dalla direttiva 2011/95/UE alla proposta di Regolamento qualifiche: quale futuro per la protezione internazionale nell’ordinamento UE?
(2017)The European Institutions are currently examining a new reform of the Common European Asylum System (CEAS). The reform at stake casts many doubts both with reference to the effectiveness of the measures provided in response ... -
Lotta al terrorismo e riconoscimento dello status di rifugiato nel quadro normativo e giurisprudenziale europeo: un rapporto problematico
(2017)The European Union directive 2011/95 deals with a very thorny question: the relationship between terrorism and the denial of refugee status. In fact, Article 12 of the directive provides that a person is not recognized as ... -
Movilidad, soberanìa e “interoperabilidad” de los sistemas penales en la Unión Europea
(2017)The political integration in the EU, made the rules of the mutual legal assistance insufficient. The old model of mutual assistance was replaced approaching the judicial cooperation within the EU to the cooperation between ... -
European Judicial Space and Diplomatic Relations: A Uniform Conflict of Law Issue?
(2017)Undeniably, Public and Private international law have common roots, and courts have dwelled on a number of occasions whether or not they can apply the law of a State that is not recognised, or with whom the State of the ... -
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 ... -
Le frontiere fisiche e le frontiere del diritto dell’Unione europea nei Territori d’oltremare e negli altri Territori speciali: limite o opportunità per l’integrazione europea?
(2017)The article aims to highlight the relationship between the European Union and the Overseas Territorial Entities (Outermost Regions, Overseas Countries and Territories and sui generis territories), which is characterized ... -
Are You Syrious? Il diritto europeo delle migrazioni dopo la fine dell’emergenza alla frontiera orientale dell’Unione
(2017)By asking “Are You Syrious?”, this essay refers to the critical issues of EU migration, asylum and border law that have arisen following the closure of the Balkan route, especially in relation to the situation of Syrian ... -
I residenti provenienti da Paesi terzi: cittadini senza cittadinanza?
(2017)The progressive increase in migration flows to the European Union affects the process of integration of non-EU nationals, which is currently at a very complex and sensitive stage. This essay points out that, despite the ... -
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 for ... -
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 contracts, ...