Sfoglia Freedom, Security & Justice: European Legal Studies per Titolo
Items 240-259 di 271
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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 External Action, Administrative Function and Human Rights Protection under the Lens of the EU Ombudsman and a Recent Strategic Initiative
(2022)This paper examines the increasingly active role of the European Ombudsman in ascertaining by what procedures and instruments the European Union contributes to the protection of human rights in its external action. After ... -
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 solidarity. The ... -
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 interaction between the directive 2003/86 and the Charter of fundamental rights of the European Union in the family reunification of a third country nationa
(2024)This contribution aims to show how the interpretation of Directive 2003/86 on family reunification between third-country nationals is made by the CJEU case- law in the light of the fundamental rights of the EU Charter. On ... -
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 of ... -
The ‘inward-looking’ securitization of the EU external migration policy in the New Pact on Migration and Asylum: a critical appraisal from a perspective of international law with reference to migration from Africa
(2021)The New Pact on Migration and Asylum presented by the European Commission in September 2020 largely outlines migration as a security threat both under an internal perspective and – although more latently – in the development ... -
To trust or not to trust? Fiducia e diritti fondamentali in tema di mandato d’arresto europeo e sistema comune di asilo
(2019)Mutual trust, even if not established in the Union primary law, is a fundamental principle on which the area of freedom, security and justice is built on. The paper analyses the recent case law of the Court of justice on ... -
Towards the digitalization of EU judicial cooperation: Access to justice to be improved
(2024)The paper discusses the recent European Digital Judicial Cooperation Regulation and its challenges. The Regulation aims for a “digital by default” approach but has not yet fully implemented it. It calls for a common EU ... -
La transposición de la orden europea de investigación en materia penal en el ordenamiento español
(2018)The Directive 2014/41/EU, regarding the European Investigation Order in criminal matters, introduces into the field of judicial cooperation a new and necessary instrument of mutual recognition for the transnational acquisition ... -
La trasformazione dell’Ufficio europeo di sostegno per l’asilo in un’Agenzia per l’asilo: una lettura in prospettiva della proposta di riforma nel contesto del Nuovo Patto europeo su migrazione e asilo
(2021)As part of the New European Pact on Migration and Asylum, Agencies clearly feature as the EU operational arms in aspects concerning both the internal dimension and the so-called ‘external dimension’ of the migratory ... -
Il tribunale penale misto per i crimini commessi in Kosovo (Kosovo Specialist Chambers): un’esperienza a cui ispirare il futuro processo di riappacificazione dell’Ucraina?
(2023)Building upon one of the latest examples of "hybrid tribunals", the Kosovo specialist court (Kosovo Specialist Chambers e Specialist Prosecutor’s Office), this paper aims to reflect on the effectiveness of the various forms ... -
Tristes, Solitarias y Finales: la Convenzione di Strasburgo del 1964 e la decisione quadro 2008/947/GAI sulla sorveglianza all’estero delle misure di sospensione condizionale e delle sanzioni sostitutive
(2019)Prison overcrowding is a key issue for several European states, which has been tackled in their respective areas of competence by both the European Court of Human Rights and the European Court of Justice. A possible solution ...
