http://elea.unisa.it/xmlui/handle/10556/3203 2026-04-20T10:55:48Z http://elea.unisa.it/xmlui/handle/10556/3227 L’incidenza virtuosa dei diritti fondamentali nel completamento dello spazio europeo di giustizia Di Stasi, Angela 2019-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/3226 EU Readmission Agreements as Tools for Fighting Irregular Migration: An Appraisal Twenty Years on from the Tampere European Council Carli, Eugenio The EU has concluded so far seventeen readmission agreements with third countries with the aim of combating irregular immigration into its territories, as part of the strategic guidelines of the EU Area of Freedom, Security and Justice. Since the first EURA concluded with Hong Kong, some developments in the drafting of these agreements have occurred, and in particular a greater attention for respect of readmitted persons’ rights can be identified. These agreements seem to be working quite well and their objective to regulate irregular immigration, according to statistics, is being met. However, the most relevant third States in terms of origin of immigrants are still not bound by any EURA and human rights issues – notably related to the respect of the principle of non-refoulement – are likely to arise. 2019-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/3225 L’incidenza sulla Brexit della sentenza della Corte di giustizia UE del 10 dicembre 2018 Carta, Maria Cristina The article highlights the main reasons for the uncertainty of future scenarios for UK-EU relations following the ruling by the EU Court of Justice of 10 December 2018. Based on an evolutionary interpretation of article 50 of the EU Treaty, the Court of Justice gave a positive ruling on the possibility for the United Kingdom to unilaterally revoke its declaration of withdrawal from the EU. This possibility was not considered during the negotiations as it is not foreseen by the EU Treaties and could call into question the partial achievements reached so far through the Draft Agreement and the Draft Political Declaration setting out the Framework for the Future Relationship between the EU and the UK. The judgement has the potential to drastically interrupt the process of separation from the EU which is now three months from its expected conclusion. 2019-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/3224 Governing Asylum with (or without) Solidarity? The Difficult Path of Relocation Schemes, Between Enforcement and Contestation Marin, Luisa The progressive emergence of EU policies on migration, asylum and visa is based upon the Schengen integration process, which has conceptualized the EU’s common external border as a juxtaposition of the MS ones. Upon this premise, the EU has developed the Common European Asylum System (C.E.A.S.) with several instruments, without putting solidarity at the core of the system, but rather holding onto the ‘chacun pour soi’ logic, which implies that states geographically bordering with the Global South are also the ones that deal with the irregular migration phenomenon first. The aim of this article is to take stock of the attempts to operationalize solidarity in the last few years, after the so-called migration crisis of 2015-2016, which soon turned into a political battlefield. The article discusses this difficult path of solidarity, together with the stalemate of the reform of the Dublin system, and the challenges it represents for the EU integration process, since states increasingly look for ad hoc or bricolage solutions besides EU law.