scholarly journals Framework Decision 2008/909/JHA on the transfer of prisoners in the EU: Advances and challenges in light of the Italian experience

2019 ◽  
Vol 11 (1) ◽  
pp. 69-92
Author(s):  
Stefano Montaldo
Keyword(s):  
Case Law ◽  
Executive Power ◽  
The European Union ◽  
Test Bed ◽  
Framework Decision ◽  
Italian Experience ◽  
Italian Case ◽  
The Impact ◽  
The Eu

The article addresses the implementation of Framework Decision 2008/909/JHA on the transfer of prisoners in the European Union (EU) and discusses its advances and shortcomings from a twofold perspective: the general features and objectives underpinning the Framework Decision and how these theoretical premises have been put into practice by domestic authorities. First, the article discusses the state of the art of the implementation of this mechanism in Italy and provides relevant data. Second, it addresses the main strategies enacted in Italy by the judiciary, the legislature and the executive power to maximise the impact of the national implementing laws. The analysis demonstrates that these efforts are mainly intended to dispose of unwanted EU citizens and to cope with prison overcrowding, thereby marking a clear departure from the rationale of the Framework Decision. Third, the article focuses on the recurring challenges regarding horizontal cooperation between domestic judicial authorities, with a specific focus on the division of competences between the issuing and the executing authorities in light of the EU and the Italian case law. The article supports the view that the Italian case study can represent a test bed for future quantitative and qualitative improvements in the implementation of this Framework Decision at the EU level.

The ‘puzzle’ of workers’ mobility in Italy

2020 ◽  
Vol 11 (1) ◽  
pp. 97-108
Author(s):  
Massimiliano Delfino
Keyword(s):  
European Union ◽  
Case Law ◽  
Political Agenda ◽  
The European Union ◽  
Transnational Mobility ◽  
Italian Case ◽  
Eu Directives ◽  
Italian Legislation ◽  
The Eu

In Italy, workers’ mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers’ mobility. The author starts with workers’ mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda.

scholarly journals The European arrest warrant in the case law of the Court of Justice

2014 ◽  
pp. 61-80
Author(s):  
Helena Patricio
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Case Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
Framework Decision ◽  
European Area ◽  
Court Of Justice ◽  
The Creation ◽  
The Impact

A key factor in the creation of a European area of freedom, security and justice is the principle of mutual recognition, which the Framework Decision 2002/584/JHA of 13 June 2002, for the first time, comprehensively implemented in the field of judicial cooperation in criminal matters. The Court of Justice of the European Union has greatly contributed to the understanding of the Framework Decision, accentuating its goals and enhancing its guiding principles, which are the mutual recognition of judgments in the different Member States of the European Union and mutual trust that should settle among them, for the creation of the said area. The West judgment of 28 June 2012, C-192/12 PPU, on urgent preliminary ruling procedure, aptly illustrates the impact of this case law, highlighting the role of this procedure, implemented on 1 March 2008.

The Impact of the Court of Justice of the European Union on the Georgian Legal System

2020 ◽  
pp. 241-262
Author(s):  
Gaga Gabrichidze
Keyword(s):  
European Union ◽  
Legal System ◽  
Competition Policy ◽  
Case Law ◽  
The European Union ◽  
Association Agreement ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
The Eu

This chapter scrutinizes perception of the case law of the Court of Justice of the European Union (CJEU) by the Georgian courts and the Georgian Competition Agency. With the conclusion of the Association Agreement between the EU and Georgia in 2014, the Georgian legal system undoubtedly became more closely connected with EU law. Hence, approximation commitments under the Association Agreement made the case law of the CJEU of much more relevance for the Georgian courts and administrative authorities. However, in the wake of intensification of EU–Georgia relations, the impact of CJEU case law can be identified even in the time before conclusion of the Association Agreement. Analysis shows that several factors play a role with regard to the extent and frequency of mentioning CJEU case law in the decisions of the Georgian courts and Competition Agency. Judges refer to case law of the CJEU with the aim of either strengthening their own arguments or using it as a source of interpretation. Taking into consideration the ‘European’ roots of Georgia’s competition policy, the Competition Agency regards the case law of the CJEU as having a very important interpretative value for closing ‘gaps’ in the law.

Where Next After Coman?

2019 ◽  
Vol 21 (1) ◽  
pp. 117-139
Author(s):  
Amanda Spalding
Keyword(s):  
Case Law ◽  
European Convention ◽  
The European Union ◽  
Current Position ◽  
Court Of Justice ◽  
Form Part ◽  
Recent Developments ◽  
Definition Of ◽  
The Impact ◽  
The Eu

Abstract This article considers the impact of the recent judgment of the Court of Justice of the European Union in Case C-673/16 Coman and Others in which same-sex marriages where found to fall under the definition of ‘spouse’ in the Citizenship Directive. In light of recent societal and case law developments in Europe it is possible that Coman may come to be an important foundational case which will form part of the groundwork for the CJEU to advance the rights of unmarried couples in the EU migration context. This article examines the current position of unmarried couples (including registered or civil partners) under EU migration legislation as well as recent developments under the European Convention of Human Rights to argue that there are clear indications that EU migration laws need to be adapted to better suit a wider range of relationships than marriage.

Beyond the Bosphorus?

2009 ◽  
Vol 8 (2) ◽  
pp. 223-243 ◽  
Author(s):  
Andreas Wimmel
Keyword(s):  
European Union ◽  
Public Sphere ◽  
The Other ◽  
The European Union ◽  
Public Spheres ◽  
The One ◽  
The Impact ◽  
Interpretation Patterns ◽  
The Eu

This article examines the impact of national borders on public discourses, based on a case study of the struggle surrounding Turkey’s application to join the European Union (EU). Comparing opinions, reasons and interpretation patterns in quality press commentaries about enlarging the EU beyond the Bosphorus, the article confirms the importance and robustness of national cleavages between the German and the French public spheres on the one hand and the British public sphere on the other. Whereas Turkish membership was predominantly rejected on the continent, the British commentators strongly and almost unanimously supported Ankara’s request. These similarities and divergences, I argue, are first and foremost the result of competing visions of Europe’s finality, especially regarding various constitutional ideas and cultural principles. Against this background, the Turkey question was partly exploited as an instrument to advance or to suppress different concepts on the future of European integration.

scholarly journals Use of standard forms in EU Civil Judicial Cooperation: the case of the European Certificate of Succession = L’uso di formulari standard nella cooperazione giudiziaria civile: il caso del certificato successorio europeo

2020 ◽  
Vol 12 (1) ◽  
pp. 627
Author(s):  
Silvia Marino
Keyword(s):  
European Union ◽  
General Framework ◽  
Case Law ◽  
Preliminary Ruling ◽  
The European Union ◽  
Judicial Cooperation ◽  
Application Form ◽  
Court Of Justice ◽  
The Impact ◽  
The Eu

Abstract: The present paper analyses the recent judgment of the Court of Justice of the European Union in the Brisch case. The reference for preliminary ruling concerns the optional or mandatory nature of the application form established by the Succession Implementing Regulation for the issue of an European Certificate of Succession. The present paper tackles the general framework, from the current CJEU’s case law on the Succession Regulation’s provisions on the ECS, to the main procedural issues. Then, an analysis of the case and of the CJEU’s reasoning is offered. The concluding remarks submit some considerations on the impact of the standard forms established by the EU Regulations within the civil judicial cooperation.Palabras clave: European Certificate of Succession, Standard Forms, Succession Regulation No 650/2012, Implementing Regulation No 1329/2014.Riassunto: Il presente contributo analizza la recente sentenza Brisch della Corte di giustizia dell’Unione europea. La domanda di pronuncia pregiudiziale verte sulla natura del modello di domanda di emissione del certificato successorio europeo, previsto dal regolamento di esecuzione del regolamento sulle successioni transfrontaliere. Pertanto, il contributo affronta lo stato attuale della giurisprudenza della Corte di giustizia sul certificato successorio europeo e le regole procedimentali fondamentali per il suo ottenimento. Quindi, è analizzato il caso con particolare attenzione alla motivazione della Corte. Infine, le conclusioni presentano alcune considerazioni più generali sul valore e sugli effetti dei moduli standard, previsti nei regolamenti dell’Unione in materia di cooperazione giudiziaria civile.Parole chiave: certificato successorio europeo, moduli standard, regolamento 650/2012 sulle successioni transfrontaliere, regolamento d’esecuzione 1329/2014

scholarly journals International obligations and devolved powers – ploughing through competences and GM crops

2018 ◽  
Vol 20 (1) ◽  
pp. 16-31 ◽  
Author(s):  
Annegret Engel ◽  
Ludivine Petetin
Keyword(s):  
International Level ◽  
The European Union ◽  
Crop Cultivation ◽  
The United Kingdom ◽  
Legal Challenges ◽  
International Obligations ◽  
The Uk ◽  
The Impact ◽  
The Eu

This article analyses the impact of Brexit on devolved competences in environmental protection. It maps the post-Brexit division of the United Kingdom (UK)’s internal (devolved) and external (international) competences and how this may shift when competences are returned from the European Union (EU). Crucially, the article suggests that certain of these EU powers do not simply derive from the EU but are, in fact, already held by the devolved regions in accordance with the principle of subsidiarity. Consequently, devolved competences are under threat of being pre-empted as the UK seeks to harmonise otherwise fragmented policies and legislation to comply with obligations at international level. This conundrum is illustrated here using a case study on genetically modified crop cultivation, which identifies the conflicts in the UK’s proclaimed strategy post-Brexit between international obligations and devolved competences and the legal challenges this entails.

13. EU citizenship

2020 ◽  
pp. 352-383
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Citizenship Rights ◽  
Free Movement Of Persons ◽  
The Uk ◽  
The Impact ◽  
Constitutional Identity ◽  
The Eu

This chapter traces how the free movement of persons developed, culminating into a constitutional identity for EU nationals that extends rights to economically inactive free movers as well. EU citizenship was formally established in 1992, and can be used as a marker to separate two distinct eras of the Court of Justice of the European Union (CJEU) case law on free movement of persons. The chapter then considers the personal and material scope of EU citizenship, and looks at CJEU case law on the free movement of EU citizens between 1992 and 2004. It also assesses the impact of the Citizenship Directive in 2004, as well as the impact of Brexit on EU citizenship. The controversy surrounding the development of ‘citizenship rights’ is of particular interest given the Brexit referendum; limitless immigration from the EU was found to be one of the primary reasons why the UK voted to leave the EU.

scholarly journals Development of environmental protection infrastructure in a rural commune after Poland’s accession to the European Union – case study

2018 ◽  
Vol 50 (1) ◽  
pp. 69-79
Author(s):  
Zbigniew M. Karaczun ◽  
Angelika Saniewska ◽  
Grażyna Obidoska ◽  
Barbara Żarska
Keyword(s):  
Environmental Protection ◽  
Wastewater Management ◽  
The European Union ◽  
Eu Legislation ◽  
Eu Integration ◽  
Water And Wastewater ◽  
Polish Law ◽  
The Impact ◽  
The Eu

Abstract The process of European integration required the harmonization of the Polish law with EU legislation and the physical implementation of the new regulations. One of the areas in which these activities were carried out was environmental protection. The aim of the study was to assess the impact of the Europeanisation process on environmental investment, ecology policy and the practice of environmental protection in rural communes using the example of the Wysokie Mazowieckie rural commune. The study have shown that the impact of the EU integration process was significant. This influence can be most clearly observed in the following two areas: the growing importance of environmental protection in commune policy and the acquisition of external financial resources for pro-ecological investments. Thanks to this, it was possible to solve many important environmental problems in the commune, especially regarding water and wastewater management as well as waste management.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

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