Browsing Freedom, Security & Justice: European Legal Studies by Title
Now showing items 120-138 of 138
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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’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 ... -
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 ... -
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 ... -
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 ... -
Tutela della salute pubblica ed assistenza economica e finanziaria agli Stati membri dell’Unione europea in tempo di emergenza sanitaria
(2020)This article conducts an analysis of the instruments providing financial support for Member States in conjunction with the rules on the protection of human health, in order to assess if the latter have oriented the ... -
La tutela transnazionale del credito nell’ordinamento dell'Unione europea
(2017)The essay focuses on the implementation of EU legal system in the Area of Freedom, Security and Justice (AFSJ), through the analysis of four regulations which aim to simplify, speed up and reduce the costs of litigation ... -
Ultimi sviluppi sull'Organizzazione Internazionale per le Migrazioni: l'ingresso nel sistema delle Nazioni Unite e la proposta di creare una governance euro-mediterranea dei flussi migratori
(2018)The complex legal/institutional evolution that has always characterized the International Organization for Migration (IOM) culminated in the recent 2016 agreement on relations with the United Nations that defines this ... -
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 ...
