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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Looking identity in the eye: brief considerations on the frontiers of biometric data and identity

José Vegar Velho [Guest Lecturer at the School of Law of the University of Minho | Commissioner at the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados – CNPD)]

On the 25th of March 2024, the Portuguese DPA – CNPD – issued a decision to temporarily limit the processing of biometric data relating to the processing operation for the collection of iris, eye, and face data in Portugal, that was being performed by a globally established private company, which, at the time, already had a direct impact on about 300,000 persons in said national territory.[1]

Such data was claimed to be the basis of a universal ID, to be used as proof of personhood and human condition, that is, establishing whether an individual is both human and unique – a digital ID.

This ID was presented as a global digital passport that guarantees people a way to preserve their privacy to authenticate themselves as humans online, in a world where intelligence is no longer a discriminator between people and AI.

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