Month: December 2023

Editorial of December 2023

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By Alessandra Silveira (Editor)
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Is there a threat to the rule of law in the EU as a consequence of the government agreement in Spain and the institutional crisis in Portugal?

The Government agreement in Spain (the amnesty proposal for the Catalan secession process) and the institutional crisis in Portugal (the resignation of the Government due to signs of influence peddling) have an impact on the functioning of the European Union (EU) because they could jeopardise the value of the rule of law on which the Union is founded (Article 2 TEU).

What is the meaning of the principle (i.e. the legal norm) of the rule of law in the EU? It means that the exercise of power is subject to legal rules and procedures (i.e. legislative, executive, and judicial procedures) that allow citizens to monitor (and possibly challenge) the legitimacy of decisions taken by public authorities. The basic idea of the rule of law is therefore to submit power to the law. This fundamental norm conditions the accession of a candidate State to the EU – and authorises the Union to monitor the proper functioning of the rule of law in the various Member States.

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The regulation of non-invasive neurotechnologies in the EU single market: A rights-orientated approach in a goldmine of data

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Bárbara Antunes Goldman (Master's student in European Union Law at the School of Law of the University of Minho)
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The Spanish Presidency of the Council of the European Union, which runs from 1 July to 31 December 2023, has expressed its commitment to the digitalisation of Europe, especially with regard to raising awareness of the need for proper regulation of non-invasive neurotechnologies in the European Union (EU) and preparing its Member States for what lies ahead.

To this end, in October 2023, an informal ministerial meeting was held in the city of León, where the Telecommunications and Digital Ministers of the EU Member States met to discuss the paths to be taken so that the EU can consolidate itself as a global reference in the protection and recognition of digital rights. This meeting resulted in the León Declaration on European Neurotechnology: A Human Centric and Rights-oriented Approach.[i]

Neurotechnology is a significant part of the current wave of technological developments that converge neuroscience, digitalisation, and artificial intelligence, promising remarkable improvements in mental health, well-being, and productivity. This novel neurotechnology offers “devices and procedures used to access, monitor, investigate, assess, manipulate, and/or emulate the structure and function of the neural systems of natural persons.”[ii]

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