Month: May 2024

A matter of principle: the growth of the far right in the 21st century in the light of the structuring principles of the European Union

On By officialblogunioIn Essays1 Comment 

Ricardo Martins de Sousa e Silva (Master in Human Rights by UMinho)
▪           

Once again in contemporary history, the far right occupies the centre of the European and world political scene. We see this in the growing popular support their political movements receive, in their growing ability to determine the themes of national and supranational political debates, as well as to influence the policies and way of doing politics of other political parties, and in their electoral growth, all over the world, but particularly in the Member States of the European Union (EU); either by becoming the main opposition parties, by becoming indispensable for the formation of governments, or by taking power, by forming governments themselves.[1] We also see this in the increase in politically motivated violence, whether it is symbolic violence, with the growth of hate speech[2] and the creation of an environment of insecurity for people on the political left and for ethnic, religious, sexual and gender minorities, or physical violence, with the increase in the number of attacks on members of those minorities. In these matters, Portugal is no exception.[3]

Continue reading “A matter of principle: the growth of the far right in the 21st century in the light of the structuring principles of the European Union” →

Iris collection as a proof of personhood: current trends on biometric recognition

On By revistaunioIn Essays1 Comment 

Maria Inês Costa (PhD Candidate at the School of Law of the University of Minho. FCT research scholarship holder – UI/BD/154522/2023)
▪           

In Portugal, more than 300,000 people have already “sold” their iris scan to Worldcoin Foundation, which in return offers them cryptocurrency. In March 2024, the Portuguese data protection authority (hereinafter, the CNPD) decided to suspend the company’s collection of iris and facial biometric data for 90 days in order to protect the right to the protection of personal data, especially of minors, following in the footsteps of Spain, which also temporarily banned the company’s activities for privacy reasons.[1]

In a statement, the CNPD explains that the company has already been informed of this temporary suspension, which will last until the investigation is completed and a final decision is made on the matter. The adoption of this urgent provisional measure comes in the wake of “dozens of reports” received by the CNPD in the last month, which report the collection of data from minors without the authorisation of their parents or other legal representatives, as well as deficiencies in the information provided to data subjects, the impossibility of deleting data or revoking consent.[2] In CNPD’s press release, one can read that “[g]iven the current circumstances, in which there is unlawful processing of the biometric data of minors, combined with potential infringements of other GDPR rules, the CNPD considered that the risk to citizens’ fundamental rights is high, justifying an urgent intervention to prevent serious or irreparable harm.”[3]

Continue reading “Iris collection as a proof of personhood: current trends on biometric recognition” →

Summaries of judgments: OT v Council of the European Union | Abramovich v Council

On By revistaunioIn Summaries of judgments1 Comment 
Summaries of judgments made in collaboration with the Portuguese judges and référendaire of the General Court (Maria José Costeira, Ricardo Silva Passos and Esperança Mealha)
 ▪

Judgment of the General Court (First Chamber, Extended Composition), 10 April 2024, Case T-301/22, Petr Aven v Council of the European Union

Common foreign and security policy – Restrictive measures taken in view of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘support for actions or policies’ – Article 2(1)(a) of Decision 2014/145/CFSP – Article 3(1)(a) of Regulation (EU) No 269/2014 – Concepts of ‘material or financial support for Russian decision-makers’ and ‘benefit’ from those decision-makers – Article 2(1)(d) of Decision 2014/145 – Article 3(1)(d) of Regulation No 269/2014 – Error of assessment

Facts

The Council of the European Union (‘the Council’) adopted, following the military aggression carried out by the Russian Federation (‘Russia’) against Ukraine on 24 February 2022, several measures by which it added the applicant’s name to the lists of persons, entities and bodies supporting actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (“the lists at issue”), adopted by the Council since 2014.

On 28 February 2022, the Council imposed on the applicant, Mr. Petr Aven, an oligarch of Russian and Latvian nationality, the freezing of his banking funds and assets, in accordance with Article 2(1) and (2) of Decision 2014/145/CFSP of 17 March 2014[1].

The Council took such actions on the ground that he is a major shareholder of the Russian conglomerate ‘Alfa Group’, one of Russia’s main banks. As such, the applicant is one of the most influential persons in Russia and has links with the Russian President, Vladimir Putin, supporting the Russian regime. According to the Council, the Russian President rewarded the Alfa Group for its loyalty to the Russian authorities by promoting the group’s investment plans abroad.

Continue reading “Summaries of judgments: OT v Council of the European Union | Abramovich v Council” →

Editorial of May 2024

On By revistaunioIn Editorials1 Comment 
By the Alessandra Silveira (Editor)
▪

“Europe is mortal”: recovering the original impetus for loyal co-operation of Article 4(3) TEU

Last April 25, while the Portuguese were celebrating the 50th anniversary of their democracy, French President Emmanuel Macron delivered a speech at the Sorbonne University urging the European Union (EU) to urgently rethink its economic and defence models, otherwise it will become irrelevant on the world stage value-wise – that is the meaning of the metaphor according to which the Europe we have come to know could die.[1] The rules of the game have changed on several fronts – including geopolitics, economy, trade and culture – and in this context, the “European way of life” is under threat and could fall into decay. Moreover, fighting Western values is the more or less declared plan of those who want a new illiberal international order.

Russia’s invasion of Ukraine marks the beginning of a new phase for European integration, the shape of which is not yet fully understood. But one thing is certain: in this new phase, loyal co-operation between European institutions and Member States – as well as their loyalty to each other – is particularly important. This is not a time for friction or dispute between Europeans and their representatives, because in the face of the barbarity of war, what is at stake is always of an existential nature. In other words, it is always a matter of life and death, also for European values and their relevance in the world. Against this backdrop, it is important to identify the new winds that are blowing across the relations of articulation and interdependence between the legal-constitutional order of the EU and the legal-constitutional order of the Member States.

Continue reading “Editorial of May 2024” →