Marco Gestri

EU Disaster Response Law: Principles and Instruments

This chapter aims at analyzing the legal framework governing disaster prevention, preparedness and response at EU level, with specific regard to emergencies occurring inside the Union. First, the origin and the development of the European cooperation in the field of civil protection are illustrated. Such a cooperation has led to important results, notably to the establishment of the Civil Protection Mechanism (CPM) which has acted successfully in an ever increasing number of emergencies. However, before the entry into force of the Treaty of Lisbon the further development of a European response capacity was limited by the absence of an adequate legal basis. The Lisbon Treaty has opened up new opportunities in subiecta materia, introducing into primary law a new ‘clause of solidarity’ (Article 222 TFEU) and a specific EU competence in the area of civil protection (Article 196 TFEU). The author analyzes the scope and legal effects of the solidarity clause, both vis-a-vis the EU and its Member States, arguing that the norm provides a binding legal obligation of assistance, even if characterized by a margin of discretion as to its actual implementation. The possible relevance of Article 222 either for the establishment of a new machinery dealing with disasters or for enhancing the existing mechanism for civil protection is also assessed. As for the new competence in the area of civil protection, the opportunities stemming from the new provisions are discussed as well as the limitations deriving from its classification as a ‘complementary’ or ‘supporting’ competence (Article 6 TFEU). Finally, the chapter describes the initiatives recently undertaken in order to review, and reinforce, the current CPM: the most delicate issues are discussed and possible solutions are outlined.

The "Shalabayeva" case: issues of international and EU law

The article discusses some issues of international and European Union (EU) law raised by the expulsion from Italy, and repatriation to Kazakhstan, of Alma Shalabayeva and her daughter, a minor. The expulsion has been described as constituting an act of “extraordinary rendition” by three UN Special Rapporteurs and is said to have manifestly violated the rights of the interested individuals to receive asylum, or other international protection, as well as the principle of non-refoulement. Italy’s conduct has also been castigated from an EU law perspective, notably for alleged violations of the Schengen acquis and of the EU’s Returns Directive. The author assesses these allegations in the light of the documentation currently available and of the Italian legal framework on migration, arguing that some of the accusations against Italy were proffered without thorough and objective analysis of the factual and legal background. As to the alleged violation of the non-refoulement principle, a diversified picture emerges, with regard to expulsions to Kazakhstan, both from European Court of Human Rights (ECtHR) case law and from recent decisions of national courts on similar cases. Besides, it is not clear whether the failure to consider some crucial elements, in the course of the repatriation procedure, resulted from wilful or negligent conduct on the part of the Italian authorities, or from the reluctance of the individual concerned to produce certain information. At the same time, the author points out that the expulsion procedure carried out in respect of Shalabayeva and her daughter raises a number of legal questions, notably as to the respect of some obligations stemming from Italian immigration law and from the EU Returns Directive.

Il turismo nel trattato di Lisbona: un personaggio non più in cerca di autore

Il contributo, dopo aver ricostruito le tappe piu significative che hanno condotto al riconoscimento del turismo come settore di interesse sovranazionale, illustra le principali novita per il settore turistico, in termini di competenze e strumenti normativi, che conseguono all’entrata in vigore del Trattato di Lisbona. In particolare, esso mette in luce le implicazioni derivanti dal riconoscimento espresso, nel diritto primario, di una politica europea del turismo e ne prospetta i possibili sviluppi alla luce dei primi elementi di prassi delle istituzioni.