Ilaria is currently a PhD researcher at the Institute for European Law - KU Leuven and a doctoral fellow at the FWO (Research Foundation Flanders). She is also a PhD researcher at the Centre for European Law of the Université libre de Bruxelles (joint PhD).
Prior to that, she was a teaching assistant at the Institute for European Law and a research associate in the framework of the ERC project RESHUFFLE.
She obtained a Master's degree in Law from the University of Naples Federico II (summa cum laude). During her studies, she spent one semester at the UC Louvain and one year at the University of Nantes as an exchange student. She completed her education with an LL.M. in European Law at the Université libre de Bruxelles (magna cum laude, first class honours).
Prior to joining the Institute for European Law (KU Leuven), Ilaria also worked as a research and coordination assistant at the Université libre de Bruxelles.
Her areas of research include EU Constitutional law and Fundamental Rights. At the Institute for European Law, Ilaria has been a teaching assistant for several EU courses and has coached the European Law Moot Court team from 2021 to 2024.
Short description of Ilaria's PhD proposal:
The scope of application of EU fundamental rights in light of the diversification of EU law sources (Promotor: Prof. Elise Muir)
The EU has always had a strong legal character and has driven policy change in the Member States mainly through the use of law and rules. The latter are identified as the “linking factor” that shapes the scope of EU law and allows to activate fundamental rights protection at the level of the EU. The EU, however, also governs through different types of instruments, such as soft law, international agreements, or financial incentives. When EU law obligations are imposed by means of processes of EU law-making that differ from the traditional way of making EU rules, it becomes more difficult for national actors and individuals to assess whether EU fundamental rights are of relevance in certain cases. This is particularly remarkable in the context of the new development of “EU governance through funding”. The use of EU funds and funding conditionality strongly influences the national legal orders and has consequences on the limits of Member States’ obligations with respect to fundamental rights.
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presentationGambardella, Ilaria;El Berhoumi, Mathias;Fromont, Louise;Vander Putten, Norman; 2026. Transitions et autonomie stratégique : quel financement des priorités de l'Union européenne.LIRIAS4427705
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presentationGambardella, Ilaria; 2026. Safeguarding Fundamental Rights in EU Funding: Lessons Learned ahead of the Next Multiannual Financial Framework.LIRIAS4427704
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journal-articleGambardella, Ilaria;Bailleux, Antoine;Rizcallah, Cecilia; 2025. Les droits fondamentaux dans l'Union européenne - Chronique 2024-2025. Journal de droit européen; 2025; iss. 323; pp. 422 - 431LIRIAS4402255
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Publisher: Bruylant
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internet-publicationGambardella, Ilaria; 2025. Op-Ed: “Freezing and Unfreezing EU Funds to Ensure Fundamental Rights Compliance: The Commission’s Discretion Under Review Before the Court of Justice: Parliament v Commission (C-225/24)”. keyboard_arrow_downLIRIAS4263297
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On 24 March 2024, the European Parliament brought an action for annulment (C-225/24) against Decision C(2023)9014 of 13 December 2023, by which the European Commission authorised the release of 10 billion EUR in EU funds to Hungary on the basis of a positive assessment of compliance with the horizontal enabling condition related to the Charter as set out in the 2021 Common Provisions Regulation (Regulation 2021/1060). After outlining the context in which the case has arisen, this Op-Ed advances some preliminary reflections on its potential significance. At the time of writing, the case is still pending and the hearing has not taken place (it has only just been scheduled for October 14th, and will be heard by the Grand Chamber). Nonetheless, it already appears to offer important insights into the relevance of EU fundamental rights within the EU budget, as well as the role of EU institutions – particularly the European Commission – in this respect.
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Gambardella, Ilaria;
2025.
The Infringement Procedure.
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LIRIAS4241221
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The Capri School of European Procedural Law (CSEPL) is an intensive course of advanced training affiliated with the Postgraduate Course in European Union Law at the University of Naples (Federico II). CSEPL is directed by Prof. Roberto Mastroianni, judge at the EU General Court, and Prof. Fabio Ferraro, Director of the Federico II Postgraduate Course in European Union Law.
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presentationGambardella, Ilaria; 2025. Ensuring fundamental rights in EU funds: the role of national administrations in implementing the horizontal enabling condition on the Charter. keyboard_arrow_downLIRIAS4241222
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The Common Provisions Regulation adopted in 2021 has introduced a new system of horizontal enabling conditions, which include the one related to the effective implementation of the Charter of Fundamental Rights of the EU. According to Article 15(1) of the Regulation, as completed by Annex III, Member States will have to make sure that arrangements are in place to ensure compliance with the Charter and react in case of violations. This new condition is likely to be a game changer, particularly considering how EU institutions, especially the Commission, have used it to suspend significant amounts of EU funds from certain Member States. Existing literature on this topic has devoted less attention to the primary addressees of these newly introduced obligations: national administrations which are charged with implementing EU funding programmes. How are they adapting to these new requirements? Do they have the necessary tools and expertise to navigate this change? And what is the real potential of the new enabling condition in strengthening fundamental rights at the national level? The proposed presentation seeks to explore these crucial questions and shed light on the practical impact of this new regulatory framework.
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chapterGambardella, Ilaria; 2025. Le champ d’application des droit fondamentaux de l’Union européenne à l’aune de la nouvelle gouvernance par les fonds. Le plan de relance européen et l'impératif de transition écologique et numérique; 2025; pp. 235 - 258 Publisher: BruylantLIRIAS4222261
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presentationGambardella, Ilaria;Brière, Chloé; 2025. The role of the Charter in the EU legal order and its recent use in the framework of EU funds.LIRIAS4217342
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chapterGambardella, Ilaria;Kappé, Marleen;Lympikis, Alexandros;Lemmer, Sophie;Ghysels, Tatiana;Lorans, Yann;Slowik, Alicja; 2025. Enhancing Fundamental Rights Protection Proposals for Ex Ante Review of EU Legislation (PEARL). Europe’s Foundation and its Future. The EU Charter in Focus; 2025; pp. 108 - 116 Publisher: VerfassungsbooksLIRIAS4224681
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Gambardella, Ilaria;Dipietro, Giulio;
2024.
Op-Ed: “In the Shadow of the Charter: Article 19(1) TEU and effective judicial Protection as a Source of the Rights of Defence in Criminal Matters”.
Publisher: EU Law Live
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LIRIAS4208132
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In the commented judgement (C-432/22), the Court of Justice has ruled on two preliminary questions referred by the Specialised Criminal Court of Bulgaria regarding the interpretation of Bulgarian criminal procedural law in light of EU law, in particular the second subparagraph of Article 19(1) TEU. In this Op-Ed, we argue that the judgement rendered by the Third Chamber of the Court constitutes an important contribution in two main respects. First, it delineates the scope of the EU Charter in the field of (substantive and procedural) criminal law. Second, it further specifies the meaning of the second paragraph of Article 19(1) TEU, by making it a source of the right to a fair trial as part of the right to effective judicial protection. This interpretation is a novelty in the Court’s case law, as arguably for the first time the rights of the defence are applied only on the basis of the Treaties, in a case where the applicability for the Charter is ruled out.
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presentationGambardella, Ilaria; 2024. Reshaping EU fundamental rights' obligations of the Member States through EU funding. keyboard_arrow_downLIRIAS4204767
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The EU is increasingly using EU funding and conditionality to influence the functioning of EU member states’ structures. The development of such governance through funding has a strong impact on the limits of Member States’ fundamental rights obligations. My research examines, first, to what extent the implementation of EU-funded projects plays a role in the way national administrations take account of EU fundamental rights’ obligations. Second, it analyses the situations in which EU fundamental rights requirements are indirectly imposed to the Member States through the use of funding conditionality, such as when specific reforms are undertaken at national level in order for the Member States to receive EU money. Ultimately, the use of funding , in some situations, may constitute an alternative instrument for setting, improving or enforcing fundamental rights’ standards at national level.
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internet-publicationGambardella, Ilaria;Ghysels, Tatiana;Kappé, Marleen;Lemmer, Sophie;Lorans, Yann;Lympikis, Alexandros;Slowik, Alicja; 2024. Enhancing Fundamental Rights Protection: Proposals for Ex Ante Review of EU Legislation (PEARL).LIRIAS4200215
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journal-articleGambardella, Ilaria; 2024. EU governance through funding: what consequences for the scope of application of EU fundamental rights?. Maastricht Journal of European and Comparative Law; 2024; Vol. 31; iss. 2; pp. 215 - 233 keyboard_arrow_downLIRIAS4200184
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The definition of the national situations that are covered by the scope of EU law for the purpose of applying EU fundamental rights is not an easy task. Therefore, it will be sometimes difficult for Member States and individuals to understand to what extent national action is constrained by EU law. The difficulties in drawing the line between what is in or out of the scope of EU law are amplified by the diversification of EU law making by EU institutions, which brings new situations in the border area. This trend in particularly remarkable in the field of governance through funding, which is now entering a new phase of its evolution. The use of EU funds, where old and new forms of EU law and governance are combined, constitutes the perfect testing ground to analyse the current reach of EU fundamental rights to national situations and, consequently, the limitations imposed on national actors implementing EU law.
Publisher: SAGE Publications
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journal-articleGambardella, Ilaria;Rizcallah, Cecilia;Bailleux, Antoine; 2024. Les droits fondamentaux dans l'Union européenne - Chronique 2023-2024. Journal des Tribunaux - Droit Européen; 2024; Vol. 8; iss. 312; pp. 403 - 410LIRIAS4200666
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Publisher: Larcier
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journal-articleGambardella, Ilaria; 2024. Finanziamenti dell’Unione europea come mezzi alternativi per orientare le politiche degli Stati membri: quale impatto sulla ripartizione delle competenze?. Quaderni AISDUE; 2024; Vol. 3; pp. 217 - 234 keyboard_arrow_downLIRIAS4188883
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The paper aims to examine the development of the EU’s spending power and its impact on the repartition of competences between the Union and the Member States. After outlining the innovations introduced by the latest multiannual financial framework and the Next Generation EU, the analysis turns to the interactions between the use of EU funding and the principle of conferral. On the one hand, the creation of EU spending programmes allows the EU to induce an increasing “europeanisation” in policy areas in which it could not adopt traditional regulatory instruments. On the other hand, funding conditionality, in its new “legislative” function, prompts questions about the limits beyond which its use alters the balance between the Union and the Member States.
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bookreviewGambardella, Ilaria; 2024. An Introduction to Fundamental Rights in Europe: History, Theory, Cases by Alessandra Facchi, Silvia Falcetta and Nicola Riva (Cheltenham: Edward Elgar, 2023). Common Market Law Review; 2024; Vol. 61; iss. 5; pp. 1435 - 1437 Publisher: Kluwer Law InternationalLIRIAS4183957
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presentationGambardella, Ilaria; 2024. Session 1 - Equality and Non-Discrimination. keyboard_arrow_downLIRIAS4183956
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Following the Covid-19 crisis, the European Union has developed a strategy to ensure rule of law compliance in certain Member States based on economic and budgetary mechanisms – such as the Recovery and Resilience Facility, the Conditionality Regulation 2020/2092, and the European Semester. Those mechanisms use “spending conditionality”: to benefit from European fundings and in the managing of European funds, Member States have to respect European values, in particular the rule of law. To put it differently, economic and budgetary mechanisms are a means for the European Union of ensuring that reforms and investment implemented at the national level improve the respect for European Values despite a dissensus on them in certain Member States. The Consolidation Citizen Forum will therefore explore how economic and budgetary mechanisms are used to promote liberal democracy. It will bring together citizens, researchers and experts, including EU and Member States representatives and civic leaders active in the promotion of European Values. Participants will discuss innovative economic governance practices by focusing on four of them: equality and non-discrimination, solidarity, justice, and democracy.
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presentationGambardella, Ilaria; 2024. Procedural Challenges and Developments in EU Fundamental Rights Protection (Discussant). keyboard_arrow_downLIRIAS4167802
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French Section of the International Society of Public Law (ICON-S) « Crises et Défis du droit public ». I have discussed 5 presentations of the 11th Atelier of the conference related to the main theme of procedural challenges and developments of EU fundamental rights protection. Short presentation of the panel: The procedural dimension of the protection of fundamental rights in the European Union has so far attracted little academic attention. Yet, procedural guarantees are tantamount to ensure an effective protection of the rights and freedoms of EU and non-EU citizens. A number of recent developments highlight the increasing importance of procedure in both the caselaw of the European Court of Justice (ECJ) and EU fundamental rights policy. First, the ECJ has shown itself ready to deal with preliminary reference cases of breaches of fundamental rights as a matter of urgency, suggesting that fundamental rights stand as a determining factor of the development of EU litigation. The ECJ is not the only actor concerned with ensuring procedural protection of fundamental rights. The EU legislature has been establishing common procedural standards, for instance in the area of asylum and migration, conferring better procedural guarantees to individuals and circumscribing the procedural autonomy of the Member States, with the support of the Court of Justice. Furthermore, the quality of the EU legislative process emerges as an essential criterion in the reasoning of the Court of Justice when faced with EU legislation restricting fundamental rights. In a context where the EU institutions endeavor to incorporate fundamental rights in their legislative practices, process-oriented review has the potential to foster collaboration between the ECJ and the EU legislator.
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internet-publicationGambardella, Ilaria; 2024. Op-Ed: “Stanchev (C-15/24 PPU): Right of Access to a Lawyer and Waiver of that Right by an Illiterate Person: What Exactly does EU Law Require of Member States?” by Ilaria Gambardella. Publisher: EU Law Live keyboard_arrow_downLIRIAS4161395
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The judgement delivered by the First Chamber of the Court of Justice in Stanchev (C-15/24 PPU) is part of the growing body of case law interpreting the so-called ‘Roadmap Directives’ on procedural rights in criminal proceedings. Directly inspired by the case law of ECtHR, they were adopted based on 82(2) TFEU. In this judgment, the Court was called to clarify the scope of EU law requirements flowing from Directive 2013/48 on the right of access to a lawyer and more particularly, the interpretation of the rules concerning the waiver of that right by illiterate persons. The Court underlines the fundamental rights nature of the Directive and the need to ensure its interpretation in light of the Charter. However, although in other cases it has not hesitated to emancipate itself from ECtHR case law, the Court goes this time for the lower protection standard set by the Strasbourg Court.
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internet-publicationGambardella, Ilaria; 2024. L' IEE a 60 ans! Penser l'Europe (1964-2024): changements et continuités. Publisher: Editions de l'Université de Bruxelles keyboard_arrow_downLIRIAS4225073
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The exercise of EU’s spending power constitutes an alternative instrument to foster EU integration and contributes to testing the effectiveness of EU fundamental rights in new situations.
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- Refining the scope of application of EU fundamental rights in light of the diversification of EU law sources; 2022 ; PhD Project - Ilaria Gambardella.