Editorial of December 2025

On the ailing transatlantic partnership and its impact on European integration 

Alessandra Silveira [Editor of this blog, Coordinator of Jean Monnet Centre of Excellence “Digital Citizenship and Technological Sustainability” (CitDig), University of Minho] and Pedro Froufe [Editor of this blog and Coordinator of the Group “Studies in European Union Law” (CEDU), of JUSGOV – Research Centre for Justice and Governance, University of Minho)]

The US National Security Strategy, presented at the beginning of December,[1] is an official State Department document that sets out the fundamental guidelines for US diplomacy – in other words, it defines how the US will relate to the rest of the world over the next three years. The US National Security Strategy has been taken seriously over time – and in this text we will assume that we still live in a world where there are adults in the room, despite the volatility of the ideas put forward within the Trump Administration.[2]  

What is the relevance of this new US Strategy for the world order?  The general feeling is that, if taken seriously, this Strategy reconfigures the concept of sovereignty in the 21st century.[3] In other words, the Strategy officially recognises the existence of zones of vital interest, which the strongest states can naturally dispose of – a kind of division of the world into zones of influence. This would justify the prominence of the US in the so-called “Western Hemisphere”, as well as US access to strategically vital assets – wherever they may exist in the “Western Hemisphere”.

This suggests a revival of the old thesis of “living space” (“Lebensraum”) adopted and amplified with tragic consequences for all of humanity by Nazi Germany’s Third Reich.[4]  This is a geopolitical concept popularised in the 19th century by Friedrich Ratzel and taken up again in the 20th century by Karl Haushofer – whose ideas were exploited and used by the Third Reich. This idea of the indispensability of “living space” was also detected in Vladimir Putin’s narrative, especially in his justifications (at least in his initial ones) for the invasion of Ukraine by the forces of the Russian Federation.

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Beyond legal duty: the new EU solvability rules and the challenge of systemic non-compliance in Member States

Mariana Cunha Marques (Masters in European Union Law from the School of Law of University of Minho)

The new horizons of consumer credit legislation

Consumer credit is a fundamental instrument, but despite its indispensability, it continues to pose significant risks, especially when granted irresponsibly. This phenomenon has driven up levels of indebtedness and over-indebtedness within the European Union. The new Consumer Credit Directive – Directive 2225/2023 – introduced important innovations, considering its main objective of strengthening consumer protection.

Firstly, we must mention the extension of the scope of application in Article 2, which was vital in order to regulate and adapt to the digital economy and new credit products on the market. Of particular note is Article 2(2)(c), which delimits the application of the Directive, stipulating that its provisions do not apply to credit agreements with a total amount exceeding €100,000. The abolition of the minimum limit allowed its provisions to cover certain types of credit that required stricter regulation, such as high-cost credits or payday/instant loans[1] and “buy now, pay later” solutions.[2] These products can be considered harmful to consumers because they are granted quickly,[3] ignoring the need to assess creditworthiness. Furthermore, they have very high costs, and, in the event of default, the additional costs are exorbitant.[4]

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Education and circular economy: Europe of the regions revived

Bruno Miguel Saraiva (Masters in European Union Law from the School of Law of the University of Minho)

Though the idea that the transformative effects of high technology are sudden and self-imposing is tempting, this truism collapses when confronted with reality. The digital and internet revolutions may have unfolded within a single human lifetime, yet they were fundamentally transgenerational efforts shaped by people with diverse educations and upbringings.

Arriving at the technological landscape we inhabit today required the combined expertise, unique skills, capabilities and opportunities of individuals with remarkably different backgrounds. The major technological shifts of the 19th and 20th century enabled – and accelerated – further technological development through cross-disciplinary exchange.

This is especially visible in the evolution of programming languages. From Assembly to Elixir, new languages emerge regularly. As they rise in popularity, older ones fade as the pool of proficient users shrinks. This cycle is natural, but not without consequences. Legacy systems underpin everything from warehouses to critical infrastructure. Many rely on “outdated” but highly effective languages that excel at specific tasks – languages shaped during moments of generational transition, when the practices of analog-era experts were translated into digital workflows, data processing, and automation.

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The trees and the forest in Advocate General Spielmann’s Opinion on the amnesty in Spain

Teresa Freixes (President of Citizens pro Europe and Jean Monnet Professor ad personam)

[1]

Liters of ink would flow, were it not for computers, regarding the controversial Opinion of the Advocate General of the Court of Justice of the European Union (CJEU) concerning the preliminary questions submitted to this Court by the Audiencia Nacional[2] and the Tribunal de Cuentas[3] on certain aspects of the Spanish Organic Law on Amnesty (OLA).[4]

Two mandatory, but not binding, opinions were issued as required by the proceedings before the CJEU, serving as a preparatory draft for the judgment that the Court will eventually deliver. This is not the only “guidance” available to the CJEU, as the European Commission also expressed the opinion of the EU executive branch on the matter, and the parties that raised the questions, as well as those who initiated them, were able to submit their arguments and observations. Furthermore, there was a debate during the oral hearing held in the Grand Chamber (15 judges), with the participation of the State Attorney and the Public Prosecutor before the Tribunal de Cuentas. We mention this because, given the media frenzy, it seems as though the Advocate General’s Opinion has been interpreted as an oracle destined to guide our lives, and especially those of people involved in the application of the OLA. Nothing could be further from the truth, as the CJEU has this entire body of legal evidence to support its deliberations and judgment.

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Judicial independence in the EU and the election of the governing body of judges in Spain (commentary on the Venice Commission’s Advisory Opinion No. 1248/2025)

Juan Gálvez Galisteo (PhD Candidate, University of Seville)

1. The context: election system of the governing body of judges in Spain and the request for an Opinion from the Venice Commission

On 13 October 2025, the European Commission for Democracy through Law (known as the Venice Commission) of the Council of Europe made public its Advisory Opinion No. 1248/2025, adopted at its 144th Plenary Session, in which it responds to the request submitted by the General Council of the Judiciary – the governing body of judges in Spain – concerning the reform proposals included in its February report and their possible alignment with European standards on judicial independence. The request was submitted with the intention of determining whether the proposed reforms could be adjusted to the European standards that institutions of the European Union and the Council of Europe – such as the Venice Commission – have been establishing through their soft-law instruments in recent years.

Advisory Opinion No. 1248/2025 was adopted on 9 and 10 October, approximately one month after the rapporteurs visited Spain and met with authorities and stakeholders involved in the General Council of the Judiciary and its renewal process. To properly contextualise and understand the Commission’s document, it is necessary to briefly outline its most recent background. In the summer of 2024, the governing body of judges in Spain was finally renewed after nearly six years of an unprecedented deadlock, given that this constitutional institution – which must be renewed every five years – had remained in an interim situation since 2018, when its renewal should have taken place.

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Harmonisation of sanctions and the protection of digital citizenship in the European Union

João Pedro Sousa (master’s student in European Union Law at the School of Law of the University of Minho) 

I.

The digital transformation has reconfigured the foundations of modern society, multiplying channels of communication, accelerating economic innovation, and redefining the exercise of citizenship.  However, the same technological developments that sustain progress have also created new vulnerabilities, giving rise to a new domain of criminality: cybercrime.  Within the European Union (EU), the protection of the digital sphere has thus become a constitutional concern, lying at the intersection of security policy, protection of fundamental rights, and market regulation.[1][2]

The concept of digital citizenship within the EU captures the recognition and protection of citizens’ rights and obligations in cyberspace, including privacy, freedom of speech and safe access to digital technologies.[3]  Cybercrime threatens these rights, ranging from data breaches to large-scale attacks on critical infrastructure, undermining citizen’s confidence in the Union’s capacity to ensure safety and accountability online.[4]  In this context, the 2024 Report on the State of Cybersecurity in the Union by the EU Agency for Cybersecurity (ENISA)[5][6][7] exposes a worrying rise in cyber incidents,[8] particularly ransomware, phishing, and artificial-intelligence-related crimes, accentuating the urgent need for coordinated legislative and operational responses at the Union level.[9]

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Limited model approach: the merits of methodological rigor in the European legal order concerning AI developments

Bruno Saraiva [master’s student in European Union Law and Digital Citizenship & Technological Sustainability (CitDig) scholarship holder])

Why the EU’s approach to AI development differs from that of the U.S. or China is a question that spans philosophy, sociology, geopolitics, and economics. But the simplest answer may be the following: they are different. Each polity carries distinct priorities, institutions, and constraints – and these differences translate into divergent AI trajectories.

In Europe, this divergence goes beyond regulation and economics; it extends to the very technical models being developed. While the U.S. and China pursue scale through ever-larger general-purpose systems, the EU has signaled a regulatory preference for limited models – special-purpose systems trained with curated data.

This post explores the methodological virtues of that approach. In a world where large models struggle with trust, reliability, and compliance with rights-based law, the EU’s strategy offers an alternative: models designed to minimise hallucinations, resist “model collapse”, and reduce opacity. By embedding rigor into training practices, the EU may not only advance trustworthy AI but also begin addressing its competitiveness woes, as underscored by the Draghi Report.[1]

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Rule of law and democratic performance from an EU perspective: isn’t it time to #TakeDemocracySeriously?

Ana Filipa Ribeiro (LL.M. candidate in European Union Law at the School of Law of the University of Minho)

1. Preliminary considerations

Since 2020, the European Commission has been publishing the rule of law report, which aims to examine the latest developments regarding the rule of law in all Member States and this year marks the first report under the Commission’s new mandate.[1]  According to the European Commission itself, Europe’s rule of law report and yearly rule of law cycle strengthen the EU’s democratic resilience, security, and economy at a time when fundamental rights and democratic institutions face growing pressure worldwide.[2] But how do young people evaluate the state of democracy across Europe? What insights are emerging from the newest generation of European scholars and professionals?

That is precisely what the “Our Rule of Law Foundation” (ORoL) set out to explore. This organisation, with this goal in mind and on a “mission (…) to inform youth about the dangers of democratic backsliding through education and engagement, in order to achieve our goal of fostering a pan-European community of students active in the field of the rule of law in the EU”,[3] issued a call for applications and selected young people across Europe to join a project examining the state of democracy on the continent.

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Making fast fashion out of fashion

Beatriz da Silva Pereira (master’s in European Union Law at the School of Law of University of Minho)

“Make fast fashion out of fashion” is the most recent slogan adopted by the European Commission to promote its new campaign to engage the Europeans in the battle against fast fashion and to raise public awareness about the EU Strategy for Sustainable and Circular Textiles.[1]

The EU Strategy for Sustainable and Circular Textiles arises within the scope of the much-quoted European Green Deal[2] launched in 2018, which marks the beginning of a new age in the environment protection across the EU and imposes a new perspective on the old principle of sustainability, which requires that all political and economic measures undertaken by the EU must consider the impacts and effects that those policies may have on the long run: on the economy, society and the climate.

This means that any initiative taken in order to satisfy a current need of the Europeans must be long-sighted and take in consideration the potential effect it may cause on the economic wealth of the Europeans, ideally resulting in economic growth, increasing monetary resources, in social peace, addressing inequalities, fostering the feeling of belonging and promoting an overall wellbeing to each and every individual, as well as a conscious impact on the environment, preserving ecosystems,  and repairing the damage already caused.

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EU digital governance – what money (alone) cannot buy

Bruno Saraiva [master’s student in European Union Law and Digital Citizenship & Technological Sustainability (CitDig) scholarship holder]

The stakes have never been higher. They could not have been lower. In today’s world, competition is no longer a byproduct of cohabitation but the very condition of survival – economic, diplomatic, military. And the arena of this competition is digital: data, computing, and the capacity to summon and shape the world’s resources at near-instant speed.[1] This is the new frontier of sovereignty and power. Against this backdrop, the European Union (EU) has wagered that funding, infrastructure, and regulation together – not raw scale alone – will secure its place in the digital age.

Funding as foundation

One must give credit where credit is due: the EU’s AI innovation package reflects a cohesive, participatory and integration-oriented approach. But it could always be more comprehensive. Going beyond mere funding and regulatory flexibility, it offers a coherent, structured approach that emphasises not only technological development but also the education and empowerment of potential users regardless of background – a crucial wellspring of transformation. The further technological advancement diffuses outwards from academic institutions and research centres into society, the greater their potential to generate transformative difference. This is because such fusion entails engagement with a wide range of issues, modes of thought, toolsets and problem-solving strategies, fostering a reflexive process that enriches both innovation and governance.[2] In this sense, diversity of contact and application operates as an engine of innovation, particularly when viewed through the lens of long-term economic development.

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