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Illegal migration: the “Returns” Directive in the recent case-law of the ECJ

by: Rosa Raffaelli The judgment of the ECJ in the Achughbabian case, which follows closely the recently issued El Dridi judgment, has further clarified the scope of application of the Returns Directive (Directive 2008/115/EC). The Directive, adopted under the co-decision procedure by the European Parliament and the Council, aims at establishing common standards and procedures [...]

European Union and Hungary: towards a new “Haider” case ?

(Original IT – translation still to be revised) Hungary puts at risk the Union’s values? ”Such a change among the democratic frameworks that we did today was only done by revolutions before. […] Hungarians today have proved that there is a reason for democracy. […] Hungarians today overthrew a system of oligarchs who used to [...]

The first EU steps towards the accession to the European Convention of Human rights

The European Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE) debated on February 23rd the state of the play of the EU accession to the European Convention of Human Rights (ECHR). The accession is imposed by Article 6 TEU and its main impact will be the creation of an additional layer of protection [...]

Basic Reference : EU and Fundamental rights

With the entry into force of the Lisbon Treaty the protection of fundamental rights has become one of the vital aspects of European Union activity and we are now witnessing the fundamental change of the nature of the European construction which was born in 1957 mainly as an economy oriented organisation. Notwithstanding the recent critics [...]

Interlaken declaration and Action plan to reform the European Court of Human Rights

The text below have been taken from the official Council of Europe Press release presenting the result of the Interlaken Conference (19.02.2010) It is worth noting that on Thursday, just before the opening of the Ministerial Conference, the Russian Minister of Justice Alexander Konovalov deposited the ratification instrument of Protocol 14 which will therefore enter [...]

After Lisbon a reshuffle for the consular and diplomatic protection of the EU citizens ?

Will the Treaty of Lisbon, the new Stockholm Programme and the new figure of the European Union High Representative wake up the sleeping beauty of the consular and diplomatic protection of the European citizens ? Even the Head of State and Government have recognised that “..This right, enshrined in the Treaties, is not well publicised, [...]

The new powers of the Court of Justice after the entry into force of the Lisbon Treaty

The press release published on November 30th by the Court of Justice is worth reading by everybody interested in the European Law as well by the every individual whishing to bthe protection of its rights. The very essential and clear text is the following: The Treaty of Lisbon and the Court of Justice of the [...]

New prospects for relations between the Court of Justice and national courts

Everyone knows the fundamental role of the Court of Justice in the construction of a European legal space. Indeed, thanks to its preliminary rulings which guide the work of national courts when they are called upon to enforce community law. Over the decades, the dialogue between European and national courts has ensured an increasingly faithfully [...]

After Lisbon, still a bumpy road for transparency in the EU institutions..

Two weeks after the entry into force of the new Lisbon Treaty the main objective of which is to increase the democratic accountability of all the EU institutitions the European Parliament has invited the Council and the Commission to work together on the reform of the EU legislation in this sensitive matter building on the [...]

The “terrorists lists”: new (coordinated?) initiatives of the United Nations and European Union

Something is moving , at last, as far as protection of fundamental rights is concerned for people who have been erroneously registered by the EU or by the United nations in the so called “terrorist lists”. It is happening after years of quarrels raised at political level by the European Parliament, the Council of Europe’s [...]

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