Outputs (20)

Family rights for circular migrants and frontier workers: O and B, and S and G (2015)
Journal Article
Spaventa, E. (2015). Family rights for circular migrants and frontier workers: O and B, and S and G. Common Market Law Review, 52(3), 753-777

The cases annotated here seek to clarify the law in relation to the family rights of own citizens when returning to the Member State of origin (circular migration); or when exercising the rights to free movement in another Member State whilst residin... Read More about Family rights for circular migrants and frontier workers: O and B, and S and G.

A very fearful Court? The protection of Fundamental Rights in the European Union after Opinion 2/13 (2015)
Journal Article
Spaventa, E. (2015). A very fearful Court? The protection of Fundamental Rights in the European Union after Opinion 2/13. Maastricht Journal of European and Comparative Law, 22(1), 35-56. https://doi.org/10.1177/1023263x1502200103

In December 2014 the Court of Justice of the European Union found, in Opinion 2/13, that the Draft Agreement for the EU accession to the ECHR was not compatible with the Treaties; unfortunately, some of the grounds relied upon by the Court will be di... Read More about A very fearful Court? The protection of Fundamental Rights in the European Union after Opinion 2/13.

Case T-256/07, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 23 October 2008, Case T-284/08, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 4 December 2008 (2009)
Journal Article
Spaventa, E. (2009). Case T-256/07, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 23 October 2008, Case T-284/08, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 4 December 2008. Common Market Law Review, 46(4), 1239-1263

The rulings in the People’s Mojahedin Organization of Iran (PMOI) cases annotated here are part of lengthy litigation brought by the PMOI before national and European courts in order to challenge national and European authorities’ decisions to includ... Read More about Case T-256/07, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 23 October 2008, Case T-284/08, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 4 December 2008.

Leaving Keck behind? The free movement of goods after the rulings in Commission v Italy and Mickelsson and Roos (2009)
Journal Article
Spaventa, E. (2009). Leaving Keck behind? The free movement of goods after the rulings in Commission v Italy and Mickelsson and Roos. European law review, 35(6), 914-932

Contrasts the approach taken by the Advocates General and the European Court of Justice in Commission of the European Communities v Italy (C-110/05) and Aklagaren v Mickelsson (C-142/05) regarding the extent to which national rules restricting the us... Read More about Leaving Keck behind? The free movement of goods after the rulings in Commission v Italy and Mickelsson and Roos.

Seeing the Wood Despite the Trees? On the Scope of Union Citizenship and its Constitutional Effects (2008)
Journal Article
Spaventa, E. (2008). Seeing the Wood Despite the Trees? On the Scope of Union Citizenship and its Constitutional Effects. Common Market Law Review, 45(1), 13-45

The article looks at the impact of the introduction of Union citizenship on the scope of application of the Treaty. In particular it considers how the citizenship provisions have affected the personal and the material scope of the Treaty. By virtue o... Read More about Seeing the Wood Despite the Trees? On the Scope of Union Citizenship and its Constitutional Effects.

'Opening Pandora's Box: Some Reflections on the Constitutional Effects of the Decision in Pupino' (2007)
Journal Article
Spaventa, E. (2007). 'Opening Pandora's Box: Some Reflections on the Constitutional Effects of the Decision in Pupino'. European Constitutional Law Review, 3(1), 5-24. https://doi.org/10.1017/s1574019607000053

Constitutional issues arising from the ruling in the Pupino case – Court of Justice holds that the duty of consistent interpretation applies also in relation to framework decisions – Analysis of the extent to which the doctrine of consistent interpre... Read More about 'Opening Pandora's Box: Some Reflections on the Constitutional Effects of the Decision in Pupino'.

'Remembrance of Principles Lost: on Fundamental Rights, the Third Pillar and the Scope of Union Law' (2006)
Journal Article
Spaventa, E. (2006). 'Remembrance of Principles Lost: on Fundamental Rights, the Third Pillar and the Scope of Union Law'. Yearbook of European Law, 25(1), 153-176. https://doi.org/10.1093/yel/25.1.153

This article¹ analyses the interplay between fundamental rights and instruments adopted in the field of police and judicial co-operation in criminal matters. It argues that the limited jurisdiction of the European Court of Justice in relation to thir... Read More about 'Remembrance of Principles Lost: on Fundamental Rights, the Third Pillar and the Scope of Union Law'.

Case C-442/02, Caixa-Bank France v. Ministère de l’Économie, des Finances et de l’Industrie (2005)
Journal Article
Spaventa, E. (2005). Case C-442/02, Caixa-Bank France v. Ministère de l’Économie, des Finances et de l’Industrie. Common Market Law Review, 42(4), 1151-1168

Confirming a trend started with the Gebhard judgment, and consistently with its case law on free movement of capital, the Court in Caixa-Bank held that a non-discriminatory rule prohibiting remuneration on sight accounts is an unjustified barrier to... Read More about Case C-442/02, Caixa-Bank France v. Ministère de l’Économie, des Finances et de l’Industrie.

Case C-109/01, Secretary of State for the Home Department v. H. Akrich (2005)
Journal Article
Spaventa, E. (2005). Case C-109/01, Secretary of State for the Home Department v. H. Akrich. Common Market Law Review, 42(1), 225-239

The ruling in Akrich, delivered by the full Court, concerns fundamental issues of policy in relation to the impact of Community law upon Member States immigration rules: how far can the Union citizens’ right to gain entry and residence permits for th... Read More about Case C-109/01, Secretary of State for the Home Department v. H. Akrich.

'From Gebhard to Carpenter: towards a (non-) Economic Constitution' (2004)
Journal Article
Spaventa, E. (2004). 'From Gebhard to Carpenter: towards a (non-) Economic Constitution'. Common Market Law Review, 41(3), 743-773

The free movement provisions have always been generously construed by the European Court of Justice. Through a teleological rather than a literal interpretation, the Court ensured that individuals would enjoy tangible benefits from their State’s memb... Read More about 'From Gebhard to Carpenter: towards a (non-) Economic Constitution'.