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Author Archives: caughtredhanded

An Enforcement Role for EUROPOL in the Aftermath of the “Refugee Crisis”?

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This post first appeared at the EU Law Enforcement Blog   The “refugee crisis” has led to the establishment of the European Border and Coast Guard (EBCG) (the successor of Frontex) in 2016 and the transformation(still under negotiation) of the European Asylum Support Office (Easo) into a European Union Agency for Asylum (EUAA). The expansion of the […]

Alcide de Gasperi: trazando el horizonte de Europa

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Esta reseña aparece publicada en la Revista Actualidad Jurídica Aranzadi y se enmarca dentro del Programa Leyendo en Clave Jurídica 2017-2018 de la Facultad de Derecho de la Universidad de Deusto.   Europa vive tiempos convulsos. La crisis del euro, los refugiados, el terrorismo, el Brexit, la extrema derecha, el populismo, el euroescepticismo o el fracaso de […]

The European Border and Coast Guard: Towards the Centralization of the External Border Management

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This post first appeared at The Academic Research Network on Agencification of EU Executive Governance (TARN)   As a result of the migratory crisis, the transformation of Frontex into a European Border and Coast Guard (EBCG) became a political priority for both the EU and the Member States (MS). Regulation 2016/1624 aims to strengthen the position and independence of […]

Detention of Irregular Migrants in Spain

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The detention of irregular migrants in specialized centers to ensure their removal is a contentious precautionary measure. Although the Return Directive does not constitute the ultimate solution to this controversial issue, nor has the CJEU been very concrete and clear in the matter, both have had an important impact on the Spanish detention legislation (Organic […]

The Introduction of an Individual Complaint Mechanism within Frontex: Two Steps Forward, One Step Back

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The mandate and budget of Frontex has consistently been enhanced since its inception in 2004. Since the Agency’s role under EU law has expanded, the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened as well. In this regard, the European Ombudsman and the Parliament recommended that Frontex introduced an individual complaint mechanism to handle violations of fundamental […]

EU Refugee Crisis: Who is Rescuing Migrants at Sea?

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This summer’s press was once again abuzz with headlines and images of the exodus of thousands of migrants, knocking at Europe’s door. The scenario of a massive number of vessels overflowing with people fleeing from their countries towards southern European shores is no news to Europe. Although the state of alarm has long been declared, […]

Power of referendum – the Irish phenomenon

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In 2012, the Hungarian government introduced a constitutional ban on same-sex marriage. Only a year later, Croatia held a constitutional referendum, which clarified that marriage can be available to opposite sex partners only. In February 2015, Slovakia held a similar popular vote, which, however, fell short of the required turnout. It should be noted that […]

La concertación

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Los tributos que constituyen el sistema tributario de los Territorios Históricos son los llamados tributos concertados. La concertación de un impuesto significa que dicho impuesto se incluye en el régimen tributario de los Territorios Históricos, y que, por tanto las instituciones competentes de Álava, Bizkaia y Gipuzkoa deberán establecer, mantener y regular. Estos tributos concertados […]

Dutch Partial Ban on Islamic Veil in Public Spaces

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In my previous post I analyzed the first ruling at the European Court of Human Rights (ECtHR), “S.A.S v. France”, concerning the full-face veil. The ECtHR introduced the principle “living together” as a legitimate aim to ban the burqa and niqab in France, on the basis that wearing the full-face veil hinders communication among individuals. I thought that ruling was dangerously […]

S.A.S v France: Towards a General Prohibition of the Full-Face Veil in Europe?

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In this post I would like to analyze the first ruling at the European Court of Human Rights (ECtHR), “S.A.S v. France”, concerning the full-face veil. In this case a Muslim woman, who voluntarily wore the niqab, alleged that the burqa-ban passed in France breached her right to manifest her Islamic faith according to article 9 […]

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