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Abstract: Abstract The constant crisis modality of the recent years, in one way or another affected the way how international human rights obligations were overall respected by states. The Article examines selected key recent legal developments in Europe posing challenges to implementation of international obligations under the principle of non-refoulement. Firstly, it dwells into the changing context in Europe related to securitisation of migration theme and explores how it affects the approach of European courts. Secondly, it reviews the ongoing major reform under the EU Asylum and Migration Pact, reflecting on potential future litigations on non-refoulement at national and European courts. PubDate: 2023-09-11
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Abstract: Abstract The right to respect for private life and the right to freedom of expression deserve equal protection. Private life is a wide notion, and it includes aspects related to personal data and reputation. Limitations to both rights are permissible, provided that a number of conditions are fulfilled. When these two rights come together in a specific case, the national authorities, and especially the domestic courts, must conduct a careful balancing exercise between these competing rights. In some situations, the State authorities may also have a positive obligation to take concrete measures, of legislative, administrative or judicial character, to protect one of these rights and to achieve the proper balance between them. PubDate: 2023-08-08
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Abstract: Abstract The broad adoption of blockchain and DLTs emphasizes the potential of a paradigm shift not only in the financial markets, but also in the modus operandi of the perpetrators. Thus, it is of utmost importance for law practitioners to understand the relevant terminology and the technical aspects regarding blockchain, virtual currencies, digital wallets, public addresses, seed phrases, etc. Likewise, it is necessary to clarify which offences are applicable when virtual currencies and other crypto-assets are either the object of the crime, or the proceeds of it. This paper tries to explain the fundamentals for a better understanding of the relationship between blockchain, virtual currencies or other crypto-assets and criminal law. PubDate: 2023-07-24
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Abstract: Abstract As a political reaction to Russia’s invasion of Ukraine, a series of restrictive measures (sanctions) have been adopted by the European Union. The so called “Fifth package of sanctions” adopted in April 2022 covers the area of public procurement contracts through Regulation (Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in light of Russia’s actions destabilising the situation in Ukraine). The Regulation prohibits the awarding and continuation of performance of public contracts above the threshold set if the contractor is in any way prescribed connected to Russia. PubDate: 2023-07-20 DOI: 10.1007/s12027-023-00757-6
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Abstract: Abstract The EU Courts’ interpretation of the ne bis in idem principle in proceedings under Regulation No 1/2003 has drawn considerable criticism for giving short shrift to the rights and interests of undertakings that face multiple prosecutions across the European Union. An optimal antitrust enforcement analysis casts the issue in a different light. The EU Courts’ approach represents an attempt to balance ne bis in idem’s rights-based goals of furthering fairness, legal certainty and free movement with the challenges of designing optimal Beckerian penalties in a decentralized antitrust enforcement system. PubDate: 2023-07-12 DOI: 10.1007/s12027-023-00753-w
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Abstract: Abstract Against the background of a very diverse legal framework regulating minimum wages in Europe, the Commission has declared since 2019 its willingness to adopt a legal measure to ensure that every worker in the European Union has access to an adequate minimum wage. The commitment, based on the 2017 European Pillar of Social Rights, became reality in October 2022, with the enactment of Directive 2022/2041 on adequate minimum wages. This article examines the main aspects of the Directive, with a particular focus on its ability to influence Member States’ policies and to stimulate collective bargaining on wage setting. PubDate: 2023-07-12 DOI: 10.1007/s12027-023-00756-7
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Abstract: Abstract By preparing to adopt a Directive on Corporate Sustainability Due Diligence, the EU is entering uncharted territory. The challenges of tackling environmental, social and governance issues are enormous, as are the ambitions and concerns accompanying the legislative process. For lack of robust experience at national level, the design of legislative mechanisms is driven by aspirations to avoid the pitfalls of existing voluntary due diligence mechanisms and lessons learned from lawsuit attempting to hold individual companies accountable based on national tort laws. The article sums up the proposal’s core provisions and gives a tentative outlook on the way forward. PubDate: 2023-07-10 DOI: 10.1007/s12027-023-00754-9
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Abstract: Abstract Nitrates runoff still represents a major environmental pressure in the European Union. Given its widespread use and multiple derivation, it has proven hard to tackle through a truly comprehensive approach. Therefore, the European Union aims to enhance its regulatory response to nutrient losses and Nitrates pollution under several policy roadmaps under the umbrella of the European Green Deal. This paper looks at the Nitrates Directive structure and implementation while attempting to provide a roadmap for reform within the context of the overarching European Green Deal’s objectives. PubDate: 2023-07-05 DOI: 10.1007/s12027-023-00752-x
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Abstract: Abstract The revision of the Product Liability Directive plays a key role in the policy strategy of resolving what might be called the artificial intelligence liability jigsaw puzzle. By accommodating the Product Liability Directive to the challenges of artificial intelligence systems, several policy quandaries have been aptly addressed and frontally solved. Two bridges have been built. First, a bridge between the Artificial Intelligence Act and the national fault-based liability rules (draft Artificial Intelligence Liability Directive), and secondly, a complementariness bridge between the Product Liability Directive and fault-based liability rules (draft Revised Product Liability Directive). The second interplay largely revolves around a generously expanded and invigorated product liability regime. These policy choices do not ensure that the jigsaw puzzle produces a fully harmonised image of liability in respect of artificial intelligence, insofar as the system of liability is still partially dependent upon national laws on fault-based liability. Nonetheless, the new measures signal in a pragmatic way a desirable and expected trend towards an increasing unification of liability regimes. PubDate: 2023-07-05 DOI: 10.1007/s12027-023-00751-y
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Abstract: Abstract The European Court of Human Rights (ECHR) and the General Court of the European Union (EU) recently rendered judgments which are relevant to public disclosure of personal data. The context of these judgments relates to both tax law and law enforcement. The case of L. B. v. Hungary before the ECHR is particularly noteworthy and controversial since it led to two different judgments of the ECHR. In addition, the Chamber judgment and the Grand Chamber judgment made opposite findings about the violation of the fundamental right to the protection of private life in this case. PubDate: 2023-07-03 DOI: 10.1007/s12027-023-00755-8
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Abstract: Abstract This article proposes an independent framework for the monitoring, oversight and regulation of hacking techniques used by law enforcement at the international level. Such techniques exert a direct impact on the sovereignty and enforcement jurisdiction of other States, but are currently only subject to unilateral and purely local authorization. Constitutional law at the national level prescribes close judicial scrutiny, but similar controls are generally lacking in virtual space. This article is intended to promote discussion on an area of criminal justice that currently operates in the shadows, but which should be brought further into the light. PubDate: 2023-07-01
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Abstract: Abstract Greenwashing refers to the practice of presenting financial products, or more in general investments, as if they had environmental or green or ESG characteristics when in fact they don’t. It is a case of mis-representation potentially leading to mis-selling of financial products which could harm those investors looking for sustainable or green investment opportunities. The complexity of the new European legal regime and the misuse of some provisions might end up giving rise to greenwashing practices despite the declared intention stated in the framework to contrast them. Greenwashing can be effectively tackled through closer coordination between ESMA and the national competent authorities, more efforts in terms of regulatory harmonisation among member states and the introduction of a clearer and possibly more demanding set of rules on the qualification of green and/or sustainable financial products. PubDate: 2023-07-01
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Abstract: Abstract The new Guidelines on State aid for Climate, Environmental Protection and Energy (CEEAG) have extended the possibility for Member States to support new areas of activity such as circular economy or clean mobility whilst retaining traditional ones such as renewable energy production or energy efficiency in buildings. The CEEAG have reinforced the use of competitive selection process and of the funding gap method. The new revised General Block Exemption allows for higher amounts of State aid to be granted for the same type of measures without the need to notify to the Commission and await lengthy procedures. PubDate: 2023-06-29 DOI: 10.1007/s12027-023-00748-7
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Abstract: Abstract The author lists the key questions which the COVID-19 Pandemic has posed for travel law and asks how the courts have to date dealt with them, whether existing EU legislation remains fit for purpose, and what changes might be made. PubDate: 2023-06-21 DOI: 10.1007/s12027-023-00747-8
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Abstract: Abstract Directive (EU) 2017/541 played an important role in harmonising EU counterterrorism legislation. However, if on the one hand this may be considered a success and a useful step for the EU in addressing this issue, on the other hand it had, and has, a significant impact on fundamental rights. About this, the European Union Fundamental Rights Agency published a Report in November 2021 considering the Directive’s implications for some rights defined in the ECHR and in the Charter. This article seeks to explain some of the Fundamental Rights Agency’s observations and to offer a reflection on the complexity of counterterrorism. PubDate: 2023-05-30 DOI: 10.1007/s12027-023-00746-9
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Abstract: Abstract The importance of care for our sustainability is increasingly discussed by policy makers and academics. For several reasons, however, the law has failed to address it. Accordingly, care has long been in a state of crisis, where the needs of those who require care are not met, and those who care are routinely subject to discrimination and cannot care in a dignified way. The Covid-19 Pandemic has highlighted the extent of the problem. The EU has responded by announcing on 7 September 2022 ‘A European Care Strategy for Caregivers and Care Receivers’. Although not flawless, this initiative is ground-breaking. It is now crucial to sustain momentum and to continue to build on this initiative. PubDate: 2023-05-30 DOI: 10.1007/s12027-023-00744-x
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Abstract: Abstract This article aims to analyse the Commission’s proposal for a Regulation on the cross-border recognition of parenthood. After presenting the problem of non-recognition of parenthood and analysing the main provisions of the proposal, the article will conclude that although the proposed Regulation is a positive step towards a wholesome EU solution to this problem it, nonetheless, leaves a number of gaps in protection. The biggest challenge, however, is to ensure that the proposal will, indeed, come into force, given that it will need to be unanimously approved in the Council. PubDate: 2023-05-16 DOI: 10.1007/s12027-023-00745-w
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Abstract: Abstract One of the main elements of the MiFIR Review is the revision of the framework for a Consolidated Tape in Europe. The objective is to establish a tape for each of the three main asset classes: bonds, equity, and derivatives. The objective is to provide a single reference source of information for transactions. It would thus reduce fragmentation and information asymmetries within the Capital Markets Union. This paper examines the main elements of the proposals, tailored to each asset class, as well as different use cases. Overall, the proposals appear to be a significant improvement on the current unsuccessful framework. PubDate: 2023-05-10 DOI: 10.1007/s12027-023-00743-y
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