Una nuova fase della juristocracy? Affinità e divergenze tra Trump v. CASA e Alace e Canpelli

Abstract

A new phase of juristocracy? Similarities and differences between Trump v. CASA and Alace and Canpelli – The article draws inspiration from the decision of the US Supreme Court in Trump v. CASA and the recent opinion of the European Court of Justice in the question for preliminary reference concerning the Common European Asylum System to provide some remarks on the contribution of the two courts to the definition of the role of the judiciary power. The text discusses the likeliness of the two judgments to fit in an overall strategy of the two courts to re-assess their own centrality, lending credibility to the hypothesis of a second and most evolved phase of the phenomenon of juristocracy.

Keywords: Common European asylum system; Juristocracy; Nationwide preliminary injunctions; Safe third countries; Separation of powers