Bulletin n. 1/2017
June 2017
  • 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
  • Paolo Mengozzi
    L'immigrazione e la giurisprudenza della Corte di giustizia dell'Unione europea
    in Diritto dell'Unione europea , no. 3 ,  2016 ,  587-603
    The author analyses the Court of Justice's case-law on the incorporation of the respect of fundamental rights of migrants within the immigration policy enshrined in the Treaty of Lisbon. Concerning the asylum applications, the author a) stresses how the Court of Justice has taken inspiration from the case law of the European Court of Human Rights (ECtHR), b) affirms, concerning the division of powers in this matters, that the Court of Justice shows more rigidity than the ECtHR as afar as the possibility of derogating to the powers of the authorities of the first port of call is concerned and c) finds an explanation of such a difference in the functioning, in EU law, of the principle of mutual trust. Concerning the procedure for granting asylum, the author stresses that the Court a) has expressed an orientation to cooperate with Member States' authorities so that, in some cases, it just confines itself to address to them some guiding principles and b) is examining, in a case pending in Ireland, the scope of the right to be heard of a migrant in a procedure of subsidiary protection which, according to Irish law applicable in this case, is distinct from the asylum procedure. Finally, the author stresses the relevant position adopted by the Court of Justice in enshrining the illegality of the imprisonment of a migrant in a condition of illegal residence in Italy. He concludes by pointing out the opinion of Advocate General's Spuznar in a pending case where this latter proposes to extend what was stated by the Court in the Ruiz Zambrano case in 2011 to the situation of a migrant applying for a residence permit, which was denied to him by a Member State because of his criminal records. The author draws the attention on the important meaning which might have the judgment of the Court if it concurs with the opinion of its Advocate General.
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