Books by Stefano Montaldo
The Transfer of Prisoners in the European Union Challenges and Prospects in the Implementation of Framework Decision 2008/909/JHA, Eleven International Publishing - Giappichelli, 2020
Transfer, Prisoners, EU, Framework Decision 2008/909/JHA, Judicial cooperation in criminal matter... more Transfer, Prisoners, EU, Framework Decision 2008/909/JHA, Judicial cooperation in criminal matters, Mutual recognition
Papers by Stefano Montaldo
Il percorso verso il rafforzamento della giurisdizione della Corte di giustizia nel settore della... more Il percorso verso il rafforzamento della giurisdizione della Corte di giustizia nel settore della cooperazione in materia penale.-1.1 Le funzioni della Corte alle origini del terzo pilastro.-1.2. Il Trattato di Amsterdam e le successive riforme.-2. Il nuovo sistema di tutela giurisdizionale ed i suoi riflessi nella cooperazione in materia penale.-2.1. La procedura di infrazione.-2.2. Il ricorso per annullamento.-2.3. Il rinvio pregiudiziale.-3. I diritti fondamentali come fattori indiretti di impulso per le competenze della Corte: prospettive nell'ambito del ne bis in idem e del mandato d'arresto europeo.-4. Considerazioni conclusive: la cooperazione penale fra centralità del legislatore e judicially driven integration.
Analisa a função da noção de reabilitação dos condenados nos mecanismos de cooperação judiciária ... more Analisa a função da noção de reabilitação dos condenados nos mecanismos de cooperação judiciária da União Europeia, com especial ênfase nas transferências internacionais. Argumenta que a reabilitação dos condenados é uma noção cada vez mais importante em nível supranacional, capaz de impor deveres progressivamente mais restritivos às autoridades policiais domésticas
Reabilitação e transferência internacional de prisioneiros e pessoas sujeitas a medidas restritiv... more Reabilitação e transferência internacional de prisioneiros e pessoas sujeitas a medidas restritivas e penas alternativas: uma questão problemática para a cooperação judiciária na UE em matéria penal
1. Introduction. 2. International dimension. 2.1. Water as a resource: the emergence of common co... more 1. Introduction. 2. International dimension. 2.1. Water as a resource: the emergence of common concerns? 2.1.1. The explicit protection of the "international water law". 2.1.2. The incidental protection of multilateral environmental agreements: strengthening the duty to cooperate thanks to the multiplicity of actors involved in water management issues. 2.2. Water as a human right: an emerging trend with a difficult enforcement? 2.2.1. A Soft explicit protection: the UN Committee on Economic, Social and Cultural Rights opens a window that the UN General Assembly is trying to keep accessible. 2.2.2. A harder indirect protection: regional Courts evocate complementary human rights using the "par ricochet" stratagem. 2.3. Water as an economic good: a silent emergence of social concerns? 2.3.1. The privatization of water supply services and human rights obligations. 2.3.2. Dripping water hollows out stone: looking for a new place for human rights (to water) in investment disputes resolution. 3. Regional dimension: the European Union. 3.1. Freshwater resources and democracy in the EU: introductory remarks. 3.2. The Water Framework Directive. 3.2.1. The management of river basin districts. 3.2.2. The public consultation method. 3.3. Water as a tradable good or service under EU law. 3.3.1. Water services and local communities in EU law. 3.3.1. Water services and local communities in EU law. 3.3.2. EU law and direct participatory tools: the European citizens' initiative and freshwater resources. 4. Conclusions. * Peer reviewed. The introduction and the conclusions are the outcomes of the authors' joint work. Paragraph 2 is authored by Francesca Varvello, while the section on the European dimension must be attributed to Stefano Montaldo.
Editoriale Scientifica, 2021
Indice-Sommario 2021, n. 3 Editoriale La politica europea di cooperazione giudiziaria in materia ... more Indice-Sommario 2021, n. 3 Editoriale La politica europea di cooperazione giudiziaria in materia civile e il suo impatto negli ordinamenti nazionali Francesco Salerno p. Saggi e Articoli L'equilibrio nei rapporti tra Corti europee e Corti nazionali: un'autentica quadratura del cerchio possibile solo in prospettiva de iure condendo Antonio Ruggeri Brexit e accordi di riammissione dell'Unione europea Giovanni Cellamare Spazio europeo e clausole di deroga dei trattati internazionali in materia di diritti umani: spunti dalla nuova prassi relativa all'emergenza pandemica Valeria Eboli Indipendenza della magistratura e non-regressione nella garanzia dei valori comuni europei. Dal caso Repubblika alla sentenza K 3/21 del Tribunale costituzionale polacco Angela Festa La riforma della disciplina di recepimento del mandato d'arresto europeo: il nuovo assetto dei limiti all'esecuzione della richiesta di consegna Stefano Montaldo, Lorenzo Grossio La questione dell'adesione dell'Unione europea alla Convenzione di Istanbul alla luce del parere 1/19 della Corte di giustizia dell'Unione europea Claudia Morini In search of Ecocide under EU Law. The international context and EU law perspectives Alfredo Rizzo Cooperazione internazionale in materia di sequestro e confisca e tutela dei diritti fondamentali: tre modelli nel sistema europeo post Brexit Alessandro Rosanò p. p. p. p. p. p. p. p. Commenti e Note Legal persons and cross-border crimes in the EU: current issues and prospects Giulia Fabri, Vittoria Sveva Zilia Bonamini Pepoli Il "green pass esteso" nello spazio europeo multilevel di libertà, sicurezza e giustizia. Riflessioni sull'eventuale introduzione dell'obbligatorietà vaccinale
This book is published in the framework of the project rePers-Mutual Trust and Social rehabilitat... more This book is published in the framework of the project rePers-Mutual Trust and Social rehabilitation into Practice (gA 766441), funded by the European Union Justice Programme 2014-2020-www.eurehabilitation.unito.it. The content of this book represents the views of the authors only and is their sole responsibility. The European Commission does not accept any responsibility for use that may be made of the information it contains.
Bruylant, 2020
The chapter focuses on Framework Decision 2008/909/JHA (FD) on the transfer of sentenced persons ... more The chapter focuses on Framework Decision 2008/909/JHA (FD) on the transfer of sentenced persons in the EU and on the main challenges connected to its implementation across the EU
The fight against impunity is an increasingly central concept in EU law-making and adjudication. ... more The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
This Introduction guides the reader through the special section "Social Integration in EU La... more This Introduction guides the reader through the special section "Social Integration in EU Law: Contents, Limits and Functions of an Elusive Notion". The Authors underline the multi-faceted essence of this concept, which has both an integrative potential and a defensive function. Social integration is closely connected to the enjoyment of rights: the higher the degree of integration is, the more rights a person benefits from. However, the recent practice of the European institutions and the Member States reveal that a lack of integration can be a powerful tool for managing intra-EU mobility and migrations flows from third countries.
The comment focuses on three issues addressed by the ECJ in case C-363/14, European Parliament v.... more The comment focuses on three issues addressed by the ECJ in case C-363/14, European Parliament v. Council, concerning the validity of an implementing decision adopted on 6 May 2014, which amended the list of Europol's international partners. The first issue concerns the choice of the legal basis for the decision. The second issue concerns the distinction between delegated and implementing acts, while the third one focuses on the notion of essential procedural requirement under Art. 263 TFEU. The note underlines that the choice between delegated and implementing acts implies a discretional assessment which can be censored by the ECJ only in case of a manifest error. Secondly, the note argues that the substantive approach to the notion of essential procedural requirement adopted by the Court does not restrict the prerogatives of the European Parliament.
dès 1995, les Etats méditerranéens et la Communauté Européenne ont élaboré des politiques et prog... more dès 1995, les Etats méditerranéens et la Communauté Européenne ont élaboré des politiques et programmes pour renforcer la coopération culturelle et académique. Le nouveau Instrument de la Politique Européenne de Voisinage représente un tournant important pour la coopération transfrontaliere dans le bassin méditerranéen : institutions publiques locales, universités, écoles et enteprises privées doivent jouer un rôle actif au fin de la réalisation d'une societé de la connaissance et de l'information. Summary : since 1995, Mediterranean States and the European Community have developed policies and programmes to strengthen cooperation in the fields of culture and academic research. The new European Neighbourhood Policy Instrument marks a "new era" in the field of trans-border cooperation in the Mediterranean basin: public local institutions, universities, schools and private companies are asked to play an active role in the realization of a knowledge-based society.
This Insight analyses the first preliminary ruling (Court of Justice, judgment of 8 Novem- ber 20... more This Insight analyses the first preliminary ruling (Court of Justice, judgment of 8 Novem- ber 2016, case C-554/14, Ognyanov [GC]) concerning a provision of the Council Framework Decision 2008/909/JHA on the cross-border transfer of prisoners in the EU. The Court of Justice clarifies the notion of enforcement of the sentence, for the purposes of the horizontal division of competences between the issuing State and executing authority. In this context, despite the quasi-automatic nature of judicial cooperation mechanisms, a prominent role is given to the issuing authority. In particular, the issuing State is entitled to assess unilaterally the prisoner’s chances of social rehabilitation abroad. It is contended that this prudent approach, albeit reasonably inspired by the well-established principle of territoriality of criminal law, is capable of undermining the effectiveness of the Council Framework Decision 2008/909. This approach also blocks a gradual emergence of a common European ...
The Insight analyses the wave of internal border control reintroductions following the COVID-19 o... more The Insight analyses the wave of internal border control reintroductions following the COVID-19 outbreak. It addresses the relevant legal framework and discusses the possible implications for the Schengen Area, in the light of the recent practice of highly disputed prorogations of border controls and of the pending reform of the Schengen Borders Code.
The papers presented in this panel focus on large-scale acquisitions of lands for agricultural or... more The papers presented in this panel focus on large-scale acquisitions of lands for agricultural or agriculture-related uses in developing countries. 'Land grabbing' is an issue that cuts across all these papers, as they try to shed more light on a controversial phenomenon that has attracted considerable attention in recent years. Each paper addresses the issue from a different disciplinary angle, offering a different analytical perspective. More in general, the papers build on the ongoing debate-which sees the active participation of academic scholars, international development agencies and civil society's representatives-on agriculture and rural development in developing countries. This debate touches upon focuses on a number of key issues. First, the role of agriculture that, although long neglected by public policies, can be an engine for development and economic growth. Secondly, the need for greater support for small-scale producers, increasing their productivity and strengthening their focus on the global market. Thirdly, the need to solve all the issues concerning land property/access, especially with regard to women, and local population's customary land rights. These issues have a profound impact on food security, which is threatened by global phenomena that put in jeopardy the survival of people living in the poorest areas of the world (Sub-Saharan Africa is one of the most hit areas). These countries host large-scale land investments by other States and transnational or local private actors, driven by many factors such as raw materials and food rising prices, growing demand for biofuels and timber, mineral extraction, speculation and so on. The data and evidence available are still scanty and often contradictory, but it appears that in the majority of cases land deals can be considered as a form of land grabbing rather than land investments. They reproduce, under new clothes, old solutions that have already showed their inability to provide any meaningful response to food scarcity. These solutions are primarily geared toward gaining control over strategic natural resources and they are, thus, inconsistent with the cooperation paradigm. Therefore, an intense debate has developed on their efficacy as a way to promote development in the host countries. This panel aims at contributing to the debate on the developmental role of agriculture and large-scale land acquisitions, by adopting a multidisciplinary approach and combining micro and macro analysis that take into account both the local and the global dimensions. The paper of Hans Holmén seeks to shed more light on the notion of 'land grabbing', by challenging some commonly-held convictions about the scale of phenomenon, its causes and consequences. In so doing, it starts from observing the huge surge in attention that characterized the phenomenon in recent years. Quite surprisingly, this surge rests on an uncertain definition of the phenomenon, as the notion of 'land grabbing' is often used to describe a diverse array of situations just to hit the headlines. Furthermore, the paper highlight the lack of reliable data on the magnitude of land acquisitions, as estimates about land grabbing tend to diverge one from another in a quite sensitive manner. Lastly, the author critically points to the 'politicization' of the analysis on land grabbing, which often lead to overemphasize the role of foreign enterprises and States in this sector, as well as inflate the impact of the phenomenon on the population. This is not to deny that land deals may constitute a problem in some cases. However, this phenomenon need to be better assessed and to be placed in a much wider context, taking into account all the problems that affect agriculture in Africa. Low productivity is the main one, at least according to Holmén's paper. African governments have a huge responsibility in this regard, as their policies have been often misdirected and ineffective. The role of African governments has been much discussed during the panel, as many participants argued with Holmén's position that this emphasis on foreignization tends to obscure the active involvement of African élites in the adoption of land policies that are far from serving the public interest. The paper of Davide Cirillo offers a different perspective on the definition of the phenomenon, by trying to locate land acquisition on a continuum between a development opportunity, on the one end, and land grabbing, on the other. In so doing, it highlights, as done by Holmén, the lack of reliable sources and data. In any case, it tries to define land grabbing by seeking to go beyond the dichotomy cost-opportunity that lies at the core of the definition elaborated by many international institutions. To this end, he relies on the concept of 'food regime' elaborated by McMichael, which tries to explain the strategic role of agriculture by making reference to specific power configurations. Moving from these theoretical premises, the paper examines the neo-liberal approach, highlighting its contradictions and its negative impact on the sustainability of the land regime. The second part of the paper looks at the role of transnational peasants' movements and other civil society's organization in shaping and resisting this phenomenon. The analysis focuses on the evolution and main features of Via Campesina, which has been created in 1993 to bring together several instances of resistance against the commodification of food. Moreover, it also looks at the International Planning Committee on Food Sovereignty, which is a network composed by transnational peasant movements, agricultural commercial entities and NGOs. Imagining cultures of cooperation: Universities networking to face the new development challenges
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Books by Stefano Montaldo
Papers by Stefano Montaldo
This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice.
The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice.
This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.