The present contribution provides some preliminary considerations concerning the compatibility between the EU independent national mechanisms (INMs) to be set up under EU regulation 2024/1356 and the National Preventive Mechanisms (NPMs) set up under the 2002 UN Optional Protocol for the Prevention of Torture. Should existing NPMs be tasked with the EU monitoring mandate envisaged under the regulation, there are some matters pertaining to the scope of the places subject to monitoring and the mechanisms’ financial independence that require clarification to enhance synergies and address possible tensions between the two mandates and ultimately the protection of migrants’ rights at the EU borders. The Independent National Mechanisms under EU Regulation 2024/1356 The 2024 EU pact on migration and asylum introduced a new obligation under Article 10 of the Screening Regulation (Regulation (EU) 2024/1356) and Article 43(4) of the Asylum Procedure Regulation (Regulation (EU) 2024/1348) requiring Member States (MS) to have independent national mechanisms (INMs) to monitor fundamental rights compliance during the screening of new arrivals and when assessing asylum claims at the…
European Union
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The Council of Europe’s Proposed Definition of Terrorism Infringes Human Rights
The Council of Europe (CoE) is preparing to amend its legal definition of terrorism, to largely replicate key elements of the European Union’s (EU) definition in its Counter-terrorism Directive 2017 (and previous Framework Decision on Combating Terrorism 2002). The proposed definition aims to make the CoE definition more comprehensive than the CoE’s…
Trump’s Coercion of America’s Allies and the Prohibition of Intervention
Next week, Donald Trump will become President of the United States. Again. Even before his assumption of the presidency, he seems to have started setting his country’s foreign policy. Among the many items on his agenda, we have witnessed all these ideas and proposals about making Canada the 51st state, seizing the Panama Canal and…
Is There Anything New Under the Sun After All? ICC Arrest Warrants at the Crossroads of PIL and EU Law
ICC and Hungary – Do We Know Each Other? It is widely known that all EU member states are parties to the Statute of the International Criminal Court (ICC). The European Union and its member states have been among the institution's most significant proponents since its creation. Among other things, the EU and…
The Luxembourg Court’s post-COVID jurisprudence on procedural rights – a new layer of obligations for Finland during future crises?
Within the legal context of the European Union, the group of so-called due process – or procedural – rights are safeguarded by Title VI (‘Justice’) of the Charter of Fundamental Rights of the European Union (CFREU). These provisions capture the right to an effective remedy and to a fair trial (Article 47), the presumption of innocence and right…