Summaries of judgments: Comune di Copertino | Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date

On June 28, 2024 By revistaunioIn Summaries of judgments1 Comment

Summaries of judgments made in collaboration with the Portuguese judge and référendaire of the CJEU (Nuno Piçarra and Sophie Perez)

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Judgment of the Court (First Chamber) of 18 January 2024, Comune di Copertino, Case C-218/22, EU:C:2024:51

Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7 – Article 31(2) of the Charter of Fundamental Rights of the European Union – Allowance in lieu of days of leave not taken at the end of the employment relationship – National legislation prohibiting payment of that allowance in the event of the voluntary resignation of a public servant – Control of public expenditure – Organisational needs of the public employer

Facts

BU was employed by the Municipality of Copertino (Italy), from 1 February 1992 to 1 October 2016, until his voluntary resignation, in order to take early retirement. Taking the view that he was entitled to an allowance in lieu of 79 days’ paid annual leave accrued during the period between 2013 and 2016, BU brought an action before the Tribunale di Lecce (District Court, Lecce, Italy) seeking financial compensation for those days of leave not taken. The Municipality of Copertino opposed that request invoking a national provision which provides, subject to certain exceptions, that no financial compensation may be paid for untaken paid leave. According to the Municipality of Copertino, the fact that BU had taken leave during 2016 showed that he was aware of his obligation, in accordance with that provision, to take the days of leave that he had accrued before the end of the employment relationship.

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Democratic Integrity in the Era of Digital Disinformation

On June 21, 2024 By revistaunioIn EssaysLeave a comment

Eduardo Paiva  (Master in Law and Informatics - UMinho)

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The healthy unfolding of democratic electoral processes – and of democratic life in general – has been threatened by the dissemination of disinformation (defined as “false or misleading content that is spread with an intention to deceive or secure economic or political gain, and which may cause public harm”) by agents who do not uphold the same principles.[1] Under these circumstances, a climate of manipulation and deceit is fostered, which is extremely and particularly malign for crucial moments of political decision,[2] as attempts are made to strip them of their inherent relevance and validity, constituting one of the most dangerous forces deteriorating our democratic foundations.[3]

In this sense, the role of major digital platforms, as holders of vast power to control and influence communication and information channels on a global scale, is chronic and central in this issue. Taking this into account, they should be compelled to engage in self-criticism towards a certain openness in applying changes to the operational models of their businesses.[4] The enormous capacity of these technological platforms in amplifying and micro-targeting content makes them extremely attractive for the precise propagation of information on a large scale, thus making them systematically targeted for hybrid activities in the field of disinformation. Amidst this web of opaque information, it is more important than ever to know which profiles and posts are genuinely concerned with conveying the reality of facts in an impartial and well-founded manner.

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CJEU case law on ‘amnesties’: prospects for the Spanish amnesty on the Catalan independence conflict

On June 12, 2024 By officialblogunioIn Essays1 Comment

Miryam Rodríguez-Izquierdo Serrano  (Professor of Constitutional Law at the University of Seville)

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On 11 June 2024[1], the Spanish Official State Journal published Organic Law 1/2024, of 10 June, on amnesty for institutional, political and social normalisation in Catalonia (Ley Orgánica 1/2024, de 10 de junio, de amnistía para la normalización institucional, política y social en Cataluña).[2] The law entered into force at the same time of its publication. As of this date, it is mandatory for the judicial, administrative and accounting bodies that may be handling cases linked to the sovereignty process in Catalonia (2014-2017) to apply the law. The law orders these bodies to exempt from criminal, administrative or accounting liability those who have been involved in those events, especially those linked to the preparation or consequences of the consultations on independence that took place in 2014 and 2017.

The approval of this Spanish amnesty law has been preceded by some speculation about the position that the EU will adopt in relation to it, as well as others related to possible preliminary rulings: whether the Spanish courts could ask the CJEU for preliminary rulings before adopting their decision on the application of the amnesty law to each specific case. For this reason, it is relevant to recall what the EU’s position has been, to date, regarding amnesties approved in its Member States. But above all, it is important to find out whether the CJEU has previously ruled on the effectiveness of amnesty laws. This will provide basic guidance on whether the CJEU has jurisdiction over an amnesty law passed in a Member State and on the limits within which a Member State may decide to amnesty criminal, administrative and accounting liabilities.

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