EU Law Analysis
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Updates on the EU Law Analysis blog and other EU law developments, offering expert insight into EU law.
EU Law Analysis
2d ago
Dimitrios Kyriazis (DPhil, Oxon), Assistant Professor in EU Law at the Law School of the Aristotle University of Thessaloniki.
Photo credit: Bela Geletneky, via Wikimedia Commons
In ClientEarth v Council (Joined Cases T-682/21 and T-683/21), the General Court (GC) heard an action for annulment brought by ClientEarth AISBL (and Ms Leino-Sandberg) against a decision by the Council of the EU refusing access to certain documents requested on the basis of the Public Access to Documents Regulation (1049/2001) and the Aarhus Convention Regulation (1367/2006). The GC found a ..read more
EU Law Analysis
4d ago
Alessandra Fratini and Giorgia Lo Tauro, Fratini Vergano European Lawyers
Photo credit: SynLLOER, via Wikimedia Commons
1 Introduction
The EU’s Digital Services Act (DSA) institutionalises the tasks and responsibilities of ‘trusted flaggers’, key actors in the online platform environment, that have existed, with roles and functions of variable scope, since the early 2000. The newly applicable regime fits with the rationale and aims pursued by the DSA (Article 1): establishing a targeted set of uniform, effective and proportionate mandatory rules at Union level to safeguard and im ..read more
EU Law Analysis
4d ago
Mattis van ’t Schip & Frederik Zuiderveen Borgesius*
*Both authors work at the iHub and the Institute for Computing and Information Sciences, Radboud University, The Netherlands - mattis.vantschip[at]ru.nl & frederikzb[at]cs.ru.nl
Photo credit: Gzen92, on wikimedia commons
In a judgment from February 2024 in the case Podchasov v. Russia, the European Court of Human Rights emphasised the role of encryption in protecting the right to privacy. The judgment comes at a time where encryption is central to many legal debates across the world. In this b ..read more
EU Law Analysis
1M ago
Professor Steve Peers, Royal Holloway University of London
Photo credit: Rachmaninoff, via Wikimedia Commons
Just before Christmas, the European Parliament and the Council (the EU body consisting of Member States’ ministers) reached a deal on five key pieces of EU asylum legislation, concerning asylum procedures, the ‘Dublin’ system on responsibility for asylum applications, the ‘Eurodac’ database supporting the Dublin system, screening of migrants/asylum seekers, and derogations in the event of crises. These five laws joined the previously agreed revised laws on qualification of ..read more
EU Law Analysis
1M ago
Anurag Deb, PhD researcher, Queens University Belfast, and Colin Murray, Professor of Law, Newcastle Law School
Photo credit: Aaronward, via Wikicommons media
Extensive provisions of an Act of Parliament have been disapplied by a domestic court in the UK for the first time since Brexit. That is, in itself, a major development, and one which illustrates the power of the continuing connections between the UK and EU legal orders under the Withdrawal Agreement. It is an outcome which took many by surprise, even though we have argued at length that the UK Government has consistentl ..read more
EU Law Analysis
2M ago
Colin Murray, Professor of Law, Newcastle Law School
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The landing space in which to do a deal on the Windsor Framework and make it stick, second time round, was remarkably small. The hard work of agreeing with the EU an approach to the rules covering trade in goods involving Northern Ireland which would produce as little friction as possible between different parts of the UK whilst simultaneously safeguarding the EU Single Market had been done almost 12 months ago. This, however, had not brought an end to the Democratic Unionist Par ..read more
EU Law Analysis
3M ago
Tara Van Ho, Senior Lecturer in Law, University of Essex
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The European Union’s Council and Parliament have agreed to a provisional text for a new directive that would require certain large corporations to undertake human rights and environmental due diligence.
I was reminiscing just the other day while having coffee all alone, and Lord, it took me away, back to a first-glance feeling during my first UN Forum. My hope was mixed with equal levels of scepticism about the likelihood that laws like this w ..read more
EU Law Analysis
3M ago
Antje Kunst*
Photo credit: Jan-Tore Egge, via Wikimedia Commons
Introduction
The Court of Justice of the European Union in its judgment in Jenkinson v Council and others ( Case C-46/22 P) of 18 January 2024 dismissed the appeal brought by Mr. Jenkinson, an Irish national, which has implications for thousands of staff serving in international missions of the EU (EU missions) under the EU’s Common Foreign and Security Policy (CFSP) in third states.
Mr. Jenkinson’s defeat before the Court of Justice is not a victory for the defendants: the Council, the Commission, the European External A ..read more
EU Law Analysis
3M ago
Professor Steve Peers, Royal Holloway University of London
Photo credit: Pierre Blaché, via Wikicommons
*This blog post draws upon and updates research for the 5th edition of EU Justice and Home Affairs Law (OUP, 2023)
Late last year, the EU Member States and the European Parliament agreed upon a Directive to harmonise criminal law as regards EU foreign policy sanctions. This followed barely a year after the EU Council adopted a decision to extend EU criminal law competence to cover those sanctions. This blog post updates a previous post that discuss ..read more
EU Law Analysis
4M ago
Steve Weatherill, Somerville College and Faculty of Law, University of Oxford
Photo credit: Werner100359, via Wikimedia Commons
Summary
The Court of Justice’s rulings of 21 December 2023 found practices associated with prior approval of new sporting competitions organised by third parties to be incompatible with EU law. The most prominent reason for this finding was the absence of transparent, non-discriminatory, clear and precise substantive criteria and procedures. So – of course – governing bodies in sport must amend their practices. But what remains, if anything, of their legiti ..read more