scholarly journals AMMISSIONE DI STRANIERI SUL TERRITORIO NAZIONALE ATTRAVERSO ‘CORRIDOI UMANITARI’ CON SPONSOR PRIVATI

2020 ◽  
Author(s):  
Carola Ricci
Keyword(s):  
New York ◽  
International Law ◽  
Best Practice ◽  
Humanitarian Assistance ◽  
Legal Basis ◽  
Safe Alternative ◽  
Security Screening ◽  
Challenges And Opportunities ◽  
Multi Stakeholder ◽  
The Eu

The scope of the present research is to understand to what extent a recent and fruitful private initiative sponsoring a safe alternative legal pathway ‘par avion’ recently spread from Italy and called “humanitarian corridors”, may in a future become a general and uniform alternative model for other European Union States. Such a best practice, which represents currently an exceptional route for vulnerable migrants mostly from Lebanon and Eritrea to enter the country without harm after a security screening and to be materially supported by the same sponsors in the crucial initial phase of integration, could potentially be extended to other EU States. Its legal basis should not be restricted to Article 25 of the Visa Code (recently interpreted by the EU Court of Justice as posing no obligation on Member States to grant humanitarian visa). There already exist clear obligations to grant humanitarian assistance to vulnerable people at risk stemming out from international law (both general and conventional) that do constitute the adequate legal basis both for States and civil society, to act in a “multi-stakeholder alliance” in order to find solutions to the challenges and opportunities deriving from international migration, as indicated in the 2016 New York Declaration.

scholarly journals The Necessity for Alternative Legal Pathways: The Best Practice of Humanitarian Corridors Opened by Private Sponsors in Italy

2020 ◽  
Vol 21 (2) ◽  
pp. 265-283
Author(s):  
Carola Ricci
Keyword(s):  
European Union ◽  
Best Practice ◽  
The European Union ◽  
Legal Basis ◽  
Safe Alternative ◽  
Wide Margin ◽  
Security Screening ◽  
Vulnerable People ◽  
Challenges And Opportunities ◽  
Multi Stakeholder

AbstractThe scope of this Article is to understand to what extent a recent and fruitful private initiative sponsoring a safe alternative legal pathway spread from Italy, called “humanitarian corridors,” may in the future become a general and uniform alternative model for all the European Union States. Such a practice—which currently represents an exceptional route for vulnerable migrants to enter the country without harm after a security screening and to be materially supported by the same sponsors in the crucial initial phase of integration—is at present restricted to a relatively small number of beneficiaries, but it could potentially be extended to other States.In order to achieve this goal, it is argued that the present model should be slightly adjusted—especially with regard to the actual reference to Article 25 of the Visa Code as its legal basis. The latter seems difficult to be formally maintained after the much criticized 2017 judgment X and X v. Belgium, in which the Court of Justice of the European Union conferred to Member States a wide margin of discretion when requested to grant humanitarian visas by vulnerable people exposed to serious irreversible harm. Against this background, clear obligations to grant humanitarian visas to vulnerable people at risk already exist. This obligation stems from international law—both general and conventional—and constitutes the adequate legal basis both for States and civil society to act in a “multi-stakeholder alliance” to find solutions to the challenges and opportunities deriving from international migration, as indicated in the Global Compact for Migration.

scholarly journals O rozgraniczaniu statutów i wsysaniu regulacji prawnej (na przykładzie prawa stosowanego do oceny różnych aspektów powołania i funkcjonowania wykonawcy testamentu i zarządcy sukcesyjnego przedsiębiorstwem)

2020 ◽  
pp. 159-177
Author(s):  
Maksymilian Pazdan
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Basis ◽  
Legal Rules ◽  
Eu Regulation ◽  
The Will ◽  
The Law ◽  
The Eu

The position of the executor of the will is governed by the law applicable to succession (Article 23(2)(f) of the EU Regulation 650/2012), while the position of the succession administrator of the estate of a business of a physical person located in Poland is subject to the Law of 5 July 2018 on the succession administration of the business of a physical person (the legal basis for such solution is in Article 30 of the EU Regulation 650/2012). However, if the court needs to determine the law applicable to certain aspects of appointing or functioning of these institutions, which have a nature of partial or preliminary questions, these laws will apply, as determined in line with the methods elaborated to deal with partial and preliminary questions in private international law. The rules devoted to the executors of wills are usually not self-standing. In such situations, the legislators most often call for supportive application of the rules designed for other matters existing in the same legal system (here — of the legis successionis). This is referred to as the absorption of the legal rules.

EUNAVFOR OPERATION ATALANTA OFF SOMALIA: THE EU IN UNCHARTERED LEGAL WATERS?

2015 ◽  
Vol 64 (3) ◽  
pp. 533-568 ◽  
Author(s):  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Careful Analysis ◽  
Legal Framework ◽  
European Law ◽  
The European Union ◽  
Legal Basis ◽  
Extensive Discussion ◽  
Operation Atalanta ◽  
Somali Coast ◽  
The Eu

AbstractEUNAVFOR Operation Atalanta has been the first maritime operation of the European Union and it has certainly been successful given the significant decrease of pirate attacks off the Somali coast. However, various issues have been raised concerning its legal basis under international law and its legal framework, including questions of responsibility. These issues are particularly interesting since the EU has a more integrated legal order than other organizations involved in such operations (eg UN, NATO). The present article attempts to address these issues against the background of international and European law. Even though the legal basis of the Operation is clear from a European law perspective, there have been certain misconceptions concerning the legal basis of the Operation under international law. The delineation of the Operation's legal framework requires a careful analysis of the rules applicable to each of its phases and of its addressees, since each phase is subject to different rules which are binding on different actors. Finally, there is an extensive discussion of questions of responsibility, which were heavily influenced by the applicable Rules of Engagement and of the actual conduct of the Operation. The conclusion is that, at least on the high seas, responsibility should primarily rest with the flag States rather than with the EU. However, in most cases the EU is indirectly responsible for violations of international law, except in cases where suspected pirates are transferred to third States pursuant to EU agreements with such States, in which case it bears primarily responsibility.

scholarly journals Wpływ traktatu lizbońskiego na unijne prawo prywatne międzynarodowe

Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 216-227
Author(s):  
Ewa Kamarad
Keyword(s):  
International Law ◽  
Family Law ◽  
International Agreements ◽  
Private International Law ◽  
Legal Basis ◽  
Treaty Of Lisbon ◽  
Legislative Activity ◽  
The Impact ◽  
The Eu

The Impact of the Treaty of Lisbon on the EU Private International LawThe paper deals with private international law after the adoption of the Treaty of Lisbon. In particular, it discusses the legal basis for adopting secondary legislation in this field and the EU competence to conclude international agreements. Next, the EU legislative activity is presented, with particular emphasis on family law, in which enhanced cooperation has already been initiated twice.

scholarly journals Research Notes: International Relations Theories, Article 95EC Legal Basis and the Delimitation of Competences Between the EU and the Member States

2008 ◽  
Vol 4 (3) ◽  
pp. 248-252
Author(s):  
Anatole Abaquesne De Parfouru
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
Legal Basis ◽  
Legal Research ◽  
Research Methodologies ◽  
Research Issues ◽  
Methodological Research ◽  
Student Participant ◽  
The Eu

This article has been written by a student participant of the ‘Legal Research Methodologies in European Union and International Law’ workshop series as detailed in the three Research Notes - 'Legal Research Methodologies in European Union and International Law', by Tamara Hervey, Rob Cryer, Bal Sokhi-Bulley .  The article introduces the student’s PhD project and details some of the methodological research issues which the AHRC funded workshops have helped the student to address.

Three Looks at German Foreign Policy before September 11: A Landscape Shifts

2002 ◽  
Vol 20 (4) ◽  
pp. 73-81
Author(s):  
Karen Donfried
Keyword(s):  
New York ◽  
Foreign Policy ◽  
Policy Decision ◽  
The Political ◽  
German Foreign Policy ◽  
State University ◽  
European Monetary ◽  
Monetary Cooperation ◽  
Policy Decision Making ◽  
The Eu

Wolf-Dieter Eberwein and Karl Kaiser, Germany’s New Foreign Policy: Decision-Making in an Independent World (Hampshire: Palgrave, 2001)Adrian Hyde-Price, Germany & European Order: Enlarging NATO and the EU (Manchester: Manchester University Press, 2000)Matthias Kaelberer, Money and Power in Europe: The Political Economy of European Monetary Cooperation (Albany: State University of New York Press, 2001)

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

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