Our latest Saar Brief, „On Patients’ Autonomy, Medical Paternalism and Situations of Vulnerability in Y.P. v. Russia“, written by Anna Kohte, is now online.
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Prof. Giegerich’s contribution to online conference on Türkiye-EU Relations has been published
The papers of the online conference “Legal Issues in Türkiye – European Union Relations” organized by the Jean Monnet Chair on Legal Issues in Turkey-EU Relations at the Law Faculty of Ankara University(Prof. Dr. İlke Göçmen) in which Prof. Giegerich participated on 17 March 2022 have just been published in e-book format by Ankara Üniversitesi Basimevi. The volume is accessible here. The volume includes Prof. Giegerich’s paper on “Common but Differentiated Responsibilities of Türkiye and the EU in Relation to Irregular Migration” (pp. 65 – 79). His conclusion is as follows (p. 79):
“Conclusion: CbDR Minus in the EU-TR MMP [Migration Management Partnership]
The EU-Türkiye MMP with various hard-law and soft-law components is characterised by a number of elements reminiscent of the altruistic principle of CbDR which is firmly established in international environmental law. However, the special legal and political relationship between the EU and Türkiye, based on the Ankara Agreement and the latter’s application for EU membership, intersects with the MMP and introduces egoistic elements into the partnership that seem to dominate the altruistic CbDR elements. The EU-Türkiye MMP is thus characterised by a reduced CbDR version that may be called “CbDR Minus”. Progress in the further development of the MMP will depend more on calculations of national interests on both sides than by the altruistic CbDR principle. Yet, if politics is the art of the feasible, why shouldit not be feasible to approximate the EU- Türkiye MMP to CbDR, not least by bringing the rights of irregular migrants more into focus that all partners are legally required to respect and protect?”
Schmitt: Der Fall Kavala: ein Update?
In unserem neusten Saar Brief gibt Miriam Schmitt ein Update zu dem Fall Kavala nachdem die Große Kammer des EGMR am 11.07.2022 entschied, dass die Türkei ihren Verpflichtungen aus Art. 46 Abs. 1 EMRK nicht nachgekommen ist.
Das Update kann direkt hier nachgelesen werden.
Gashi: Summary and Overview of the EU Digital Services Act (Draft)
In our latest Saar Blueprint Diellëza Gashi takes a closer look at the recently published draft of a new EU Digital Services Act and analyzes the legislation that can affect not just the big tech-companies, but also the everyday life of the users.
You can access the paper here.
Dubreuil: Rule of Law in Romania and the Primacy of EU Law
In our latest Saar Blueprint Maxime Dubreuil analyzes the CJEU-Judgment of 21. Dec. 2021 and the role it plays in protecting the EU fundamental values such as the Rule of Law and the Primacy of EU Law.