Papers by Giorgos Anastasopoulos
vol. 3, 2024
The preliminary reference as an appeal to the Court of Justice of the European Union has been a s... more The preliminary reference as an appeal to the Court of Justice of the European Union has been a subject of discussion for many years, especially from an interpretative point of view. An appeal that maintains its main function of a complex mechanism since it seeks to ensure a uniform application of European Union law. It is a tool that represents the main basis for settling disputes between internal jurisdictions and for assessing compatibility with EU law, especially in the field of national procedural rules. In the jurisprudential history of the Court, the objectives of the referral do not always have a significant impact on individuals. Above all in the perspective of both the law of the European Union and in the system of the European Court of Human Rights, only the compensatory protection is recognized in the case of omission of the mandatory referral. The insurance for a concrete, complete and effective protection of individual rights still remains uncertain at the moment of the ascertained violation but questionable in terms of time given that it is sought on an internal procedural level.
Yearbook of European Union and Comparative Law, 2023
This paper seeks to investigate, through the jurisprudence of the European Court of Human Rights ... more This paper seeks to investigate, through the jurisprudence of the European Court of Human Rights ECtHR and the Court of Justice of the European Union (CJEU), the notion of procedural public order, as a principle of guarantee and respect for the principles of procedural nature where through the right of defense that enters the space and circle of the fair trial constitutes the relative limits that remain in force for the obstacle of the effects, in the European judicial space as fundamental procedural guarantees. Both courts, as is obvious and natural, have maintained a restrictive attitude to the exception of procedural public order, intervening to guarantee the examined rights of the European Convention of Human Rights, ruling according to the principle of mutual recognition. On a jurisdictional level, the European Union appears capable of autonomously ensuring the protection of fair trial rights. It will be necessary to verify the obligations that the interpretation provided by the CJEU has imposed on national judgments where procedural public order is a valid reason for the refusal of recognition or enforcement of a foreign judgment.
YEUCL, 2022
The precedent vertical through the analysis of the delimitation of the binding effect of the prec... more The precedent vertical through the analysis of the delimitation of the binding effect of the precedent of the Court of Justice of the European Union (CJEU) towards the Tribunal is the key theme of analysis of this research. A definition of the precedent vertical is sought in common law traditions, as well as the obligation of a judge to abide by the CJEU decision already formulated. The hierarchical relationship through the CJEU and the General Court (GC) but also of the relative jurisprudence are also further points of analysis of this work. The statutory rules require the GC to comply with the decisions taken by the CJEU as well as the occasions in which the GC has shown to comply with the provisions of the CJEU, in the absence of a legal obligation and in an attempt to outline the possible existence of a clear and precise doctrine of the preceding vertical in the order of the European Union.
INTEULM, n. 2, 2023
The present paper tries to analyze the statement of 18 March 2016 through the historical path of ... more The present paper tries to analyze the statement of 18 March 2016 through the historical path of the migration policy between EU and Turkey. This is yet another stage that shows the intensity not so much of the relations between Greece and Turkey but of EU and Turkey. The continuous flows from Syria and especially now after the crisis of the war in Ukraine allow us to investigate this statement which remains relevant to this day and shows the attempts and struggles between the EU and external borders to address the problem of migration. A continuous challenge that becomes even more interesting through the sentences coming from the ECtHR and the CJEU.
Juris Gradibus, vol. 2, 2023
The dramatic flows of migrants that occurred above all during the year 2021 on the border between... more The dramatic flows of migrants that occurred above all during the year 2021 on the border between the European Union (EU) and Belarus are the result of aggressive policies of instrumentalisation of migrants adopted by the Russian federation. The Belarusian government has facilitated the opening of new migratory routes to the neighboring countries of Latvia, Lithuania and Poland with the aim of destabilizing EU and its Member States. This contribution aims to analyze the political and regulatory response of the European institutions to the phenomena of instrumentalisation of migrations to assess their compatibility with the international framework for the protection of fundamental rights and to understand whether an adequate balance has been achieved between the safeguarding of borders and the protection of the migrants involved. The questions for discussions are many and open, especially as regards the behavior of democratic States according to the principles and values of EU.
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Papers by Giorgos Anastasopoulos