Bullettin n. 1/2011
June 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Picheral Caroline
    L'œuvre de la Cour de justice dans la politique européenne d'asile et d'immigration
    in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 545, février ,  2011 ,  117-121
    After being successively the exclusive responsibility of the States, the subject of cooperation in the framework of the Union, made Community responsibility by the Amsterdam treaty in the framework of competing jurisdictions, asylum and immigration (understtod as that of third party citizens) are now entering the Court of Justice's chambers. Apart from the ruling entered on the petition for cancellation of the family reuniting rights directive, the latter had not come forward much so far other than to remind several member countries of their transposition duties and the Council of institutional balance. The 2009 and 2010 case law shows a more significant body of work and seemes to provide first elements of answer to the criticism that have been expressed about European laws. Faced with the finding of minimum harmonisation, leaving a broad margin of assessment to domestic authorities, the Court of Justice's interpretations reinforce the ability of standards to form a common law: face with the criticism of harmonisation too sensitive to the concern of migratory flow control and illegal immigration prevention, the rulings contribute to the protection of basic rights, even though all are not without ambiguity.
    ©2001 - 2020 - Centro Studi sul Federalismo - P. IVA 94067130016