REPOWER EU – A challenge and an opportunity

By Maria Barros Silva (Associate Lawyer at SRS Advogados – Energy and Competition Law) and Nuno Calaim Lourenço (Managing Associate at SRS Advogados – Energy and Competition Law)

1. Context

The energy sector is cyclical by nature. History offers several examples of market expansion followed by very sudden contractions. Unfortunately, the current crisis differs from previous ones. To put things into dire perspective, the European Union (“EU”) heavily relies on fossil fuel (gas, oil and coal) imports for its energy needs, amounting to circa 60% of gross energy consumption in the past 5 years. The EU imports 90% of its gas, with Russia previously accounting for 45% of those imports, as well as for 25% of oil and 45% of coal. Although European domestic production of renewable energy sources has increased significantly in recent years, the intermittent nature of the so-called “green energy”, coupled with limited renewable-energy storage and a drastic and intransigent reduction in the production of EU coal, lignite and gas has meant that the EU remains energy dependent.

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The future of Europe: “citizens with real experience” and the European Political Community

By Pedro Madeira Froufe (Editor) and Tiago Sérgio Cabral (Managing Editor)

1. The expression “citizens with real experience”, was used by President Emmanuel Macron in his speech on 9 May 2022 at the European Parliament.[1] 

This speech was delivered at the European Parliament’s traditional Europe Day session. This year, this session also marked the closing of the Conference on the Future of Europe. In fact, President Macron used that expression, addressing all those who were involved in the work of the Conference, highlighting the democratic exercise that meant the active participation of citizens, concretised in several proposals. According to Macron, these proposals are creative, as indeed the times we live in in Europe require.

2. The first striking feature of this speech has to do directly with the temporal contextualisation of President Macron’s programmatic ideas. A time of war. A time of war that effectively demands “creative efforts” in the search for European responses to the crisis that, from the outset, erupted because of the war. “Creative efforts’ which, undoubtedly and according to Macron, are more necessary today than they were in the past.

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Protecting Children’s Rights in the Digital Age: the new European strategy for a better internet for kids (BIK+)

By Maria Inês Costa (Master in Human Rights from UMinho)

Given the rapid technological evolution in the so-called Digital Decade, and the need for legal regulation in view of the emerging needs and circumstances that this evolution has brought about, the European Union has been taking a position to strengthen the protection of children’s rights in this context. One of the most recent paradigmatic examples of this approach is the new European strategy for a better internet for kids (BIK+), published in May 2022, about two years after the outbreak of the COVID-19 pandemic which increased the use of digital media.

According to Article 24(2) of the CFREU, “in all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration[1], and to that extent, the digital transition should be carried out keeping in mind the advantages that these bring to children, for example, as a source of inexhaustible knowledge, but also the dangers it entails and the exacerbation of inequalities it leads to, when there is no governance of its use and access.

As per item 3 of the UN’s General comment N.º 25 (2021) on children’s rights in relation to the digital environment,[2] the children consulted asked questions regarding the new developments in the digital age that directly affect them – “I would like to obtain clarity about what really happens with my data… Why collect it? How is it being collected?”; “I am… worried about my data being shared” – and in the subsequent paragraph (item 4) one can read: “innovations in digital technologies affect children’s lives and their rights in ways that are wide-ranging and interdependent (…)”.

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Editorial of June 2022

By Pedro Madeira Froufe (Editor) 

Brexit: “Protocol on Ireland/Northern Ireland”

1. On May 5 of this year, elections were held for the Northern Ireland Assembly, the regional parliament usually referred to as Stormont (by allusion to its physical space, the Stormont Castle). In fact, since the separation (“partition”) of the island of Ireland into Northern Ireland and the Republic of Ireland, as we know them today, the regional legislative power is concentrated in that Assembly. This is a democratically elected single-chamber unicameral body consisting of 90 members since 2016. In addition to exercising legislative power, the Assembly is also responsible for electing the Northern Ireland Executive.

The most recent Assembly elections resulted in the first victory for a party representing the republican and catholic “cluster” in the 101 years of existence of autonomous Northern Ireland (“post-partition” of the island, which occurred in 1921). In fact, Sinn Féin, the party that wants the reunification of the island of Ireland into one state and independence from the United Kingdom, won 27 seats in the Assembly against the 24 won by the Democratic Unionist Party, the DUP. We will not analyze, for now, the rationale behind this unprecedented victory of the Catholic Republicans which, for many analysts, represents a “seismic” result, opening the way to a possible rupture in politics and, consequently, in Northern Ireland society.[1]

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