http://elea.unisa.it/xmlui/handle/10556/4239 Mon, 20 Apr 2026 12:20:13 GMT 2026-04-20T12:20:13Z http://elea.unisa.it/xmlui/handle/10556/4309 Eppur si muove? La strategia della Commissione per rilanciare l’Europa sociale Sciarra, Silvana Wed, 01 Jan 2020 00:00:00 GMT http://elea.unisa.it/xmlui/handle/10556/4309 2020-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/4308 Sul controllo dello Stato di diritto nell’Unione europea Villani, Ugo 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 the European Council may determine the existence of a serious and persistent breach of these values by a Member State and, consequently, the Council may suspend certain rights of such State. Moreover, Article 7, para. 1, sets out a mechanism of early warning in the case of a clear risk of a serious breach. These procedures, that are entrusted exclusively to the political institutions of the Union, and need large majorities in the Council and unanimity in the European Council, have not worked in a satisfactory manner so far. Recently, however, the Court of Justice, on the basis of Article 19 TEU, which declares that Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law, has affirmed its jurisdiction to evaluate the Polish judicial reform; thus, the Court has found that Poland had violated the principle of independence of judges, which is an expression of the rule of law. Wed, 01 Jan 2020 00:00:00 GMT http://elea.unisa.it/xmlui/handle/10556/4308 2020-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/4307 Diritti, Carte e politiche pubbliche Cassetti, Luisa In the European multilevel protection of fundamental rights, which involves the national judicial system, the supranational bodies and the international protection of human rights, the relations between Constitutional Court and EU Court of Justice are part of a legal system built on public policies, sources of law and measures necessary for their implementation: in this perspective, the recent claim of the «priority» of constitutional justice (when a constitutional guarantee also reproduced in the European Charter of Fundamental Rights is at stake) poses different interpretative problems compared to the current state of relations between Constitutional Court and European Court of Human Rights. In the ECHR context, the claim of the «highest level» of protection guaranteed by the constitutional system revolves exclusively around the definition of the individual fundamental right and the interpretation of its limits. Wed, 01 Jan 2020 00:00:00 GMT http://elea.unisa.it/xmlui/handle/10556/4307 2020-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/4306 Immigrazione irregolare e diritti umani: la prospettiva della Corte EDU e della Corte UE Fernández Sánchez, Pablo Antonio States have the right to regulate the presence of foreigners in their territory, provided that such regulation is not contrary to their international obligations, especially within the European framework. The European Court of Human Rights and the Court of Justice of the European Union have established in their jurisprudence some limits with regard to the granting of generic and specific rights. The objective of this article is to determine these rights (both generic and specific) on the basis of the jurisprudence of both European courts with regard to irregular foreigners. Wed, 01 Jan 2020 00:00:00 GMT http://elea.unisa.it/xmlui/handle/10556/4306 2020-01-01T00:00:00Z