Author: officialblogunio

Editorial of June 2025

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40 years since Portugal joined the European Union
(or about Constante’s refusal to jump, the dog from José Saramago’s “The Stone Raft”)

Pedro Madeira Froufe [Editor of this blog and Coordinator of the Group “Studies in European Union Law” (CEDU), of JUSGOV – Research Centre for Justice and Governance, University of Minho)]

I

Forty years ago, on 12 June 1985, in the Jerónimos Monastery (Lisbon), the Treaty of Accession of Portugal to the then European Economic Community (EEC) was signed – eight years after Portugal had formally applied for membership. This brings us back to the character named Constante, the dog in the 1986 novel “The Stone Raft” by José Saramago, winner of the Nobel Prize in Literature. In this novel, Saramago develops an allegory: the physical, geographical separation of the Iberian Peninsula from the rest of the European continent. In Saramago’s text, this unusual event with no scientific explanation (the separation of the Peninsula) is an allusion to what the author foresaw/feared would happen as part of the unification of Europe: the Iberian countries would be forgotten, cast aside, “sailing adrift”, unable to identify culturally, socially or economically with the rest of Europe. The dog Constante appears at the very beginning of the narrative, hesitating between Spain and France (“the rest of Europe”) as soon as he feels the first crack, and ends up jumping (opting) for the Peninsula, in the process of separation. We shall return to this character, the dog Constante, later in this text.

To begin with, and to give a brief historical overview of Portugal’s pre-accession phase, it was on 28 March 1977 – just after the so-called PREC (“ongoing revolutionary period”) had run its course and only three years after the “Carnation Revolution” (on 25 April 1974) – that the then Portuguese Foreign Minister, José Medeiros Ferreira, sent a letter formally requesting Portugal’s accession to the EEC. In other words, the Portuguese option for European integration was formally recognised as early as 1977.

It is important to remember that around two years earlier, Greece had applied for membership, favouring the direction of European integration at the time (during the 1970s) towards southern Europe. In a way, Greece’s accession in 1981 also signified a reunion of Europe (then “Community”) with its classical mythology. This mythology is at the origin of its name: Europa (Princess Europa and her abduction by a love-struck Zeus…).

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Protecting fundamental rights through the infringement procedure: Advocate General’s Opinion in CJEU Case C-769/22 “Commission v. Hungary”

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Gonçalo Martins de Matos (Master in Judiciary Law by the University of Minho | Member of the Editorial Support of this blog)

There is a very relevant case regarding the defence of fundamental rights being processed at the Court of Justice of the European Union (CJEU): an infringement procedure moved against Hungary by the European Commission on the grounds of breaching Article 2 of the Treaty on European Union (TEU). It is a relevant case because it is the first case to frame abuses of fundamental rights by Hungarian authorities as an overarching systemic problem, instead of the usual sectorial and solitary breaches. This case might open up the infringement procedure to a valuable role of a fundamental rights protection mechanism,[1] as it has been defended by legal scholars and practitioners. And that role is very important in the context of rule of law backsliding and recent democratic erosion.

Fundamental rights are of elementary importance in the European Union (EU)’s legal order. As a matter of fact, the EU is axiologically based on a set of values ​​common to its Member States, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, enshrined in Article 2 TEU and self-imposed as an objective of the Union itself, according to Article 3(1) TEU. It is this conception of the EU as a community of values ​​that contributes to the construction of the “society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail” referred to in the second part of Article 2 TEU. More than a community of values, the EU creates law to which its legal and institutional framework, its Member States and its citizens are bound, resulting in the notion that the Union submits to the principles that itself created. From this notion we conclude that the EU conceives itself as a Union subjected to the Law, in which the exercise of European public power is linked to EU law. We are in presence of the principle of the rule of law translated into the logic of the EU: the principle of the Union of Law, which functions as a limit to the actions of European institutions and a guarantee of the rights of individuals attributed by European provisions.

Continue reading “Protecting fundamental rights through the infringement procedure: Advocate General’s Opinion in CJEU Case C-769/22 “Commission v. Hungary”” →

Presentation of the Commentary on the Charter of Fundamental Rights given by Judge Nuno Piçarra, published in the JusGov Research Paper Series in the SSRN

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By the Editorial Team 

A Commentary of the Charter of Fundamental Rights of the European Union was edited under the scientific coordination of Alessandra Silveira, Larissa Araújo Coelho, Maria Inês Costa and Tiago Sérgio Cabral, with the editorial support of JusGov (Research Centre for Justice and Governance) and the School of Law of the University of Minho.

This scientific outcome was presented at the School of Law, by Judge Nuno Piçarra, on the 29th of November 2024. The intervention of this Judge of the Court of Justice [Court of Justice of the European Union (ECJ)] is now published in the JusGov Research Paper Series (access here). The ECJ judge’s presentation is a unique opportunity to understand the importance of this scientific contribution to a thorough understanding of the Charter and its importance in the ECJ’s judicial activity.

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Digitalisation of Justice – feedback is open on the putative Commission’s Communication on a Digital Justice Strategy for 2025-2030

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Joana Covelo de Abreu (Editor of this blog and Key-staff member of Jean Monnet Centre of Excellence “Digital Citizenship & Technological Sustainability” – CitDig, Erasmus+. Project Assistant of the Jean Monnet Network ENDE)

A feedback period is open from the 26th of May 2025 to the 23rd of June 2025 concerning a call for evidence on a future Commission’s Communication establishing a strategy on Digital Justice for the time span of 2025-2030.

A call for evidence can be used when the European Commission exercises its right of initiative, as it is enshrined under Article 17 (1) of the Treaty of the European Union (TEU). Although it is usually mentioned in the context of the legislative procedure – since, for the most part, the European Commission is the institution with an independent power to bring legislative proposals to the equation –, this institution is entrusted with the task of planning, preparing and proposing all adequate initiatives to promote the general interest of the Union.

In this sense, a call for evidence must be used to define the scope of i) “a politically sensitive and/or important new law or policy”; ii) “an evaluation of an existing law or policy”; and iii) “a fitness check of a bundle of related existing laws and/or policies”.[1] A call for evidence aims at describing the problem that is justifying the Commission’s action, its objectives, while outlining “policy options”. In this particular action, no impact assessment is scheduled, especially since the Commission wants to see whether it will, in the last quarter of 2025, adopt a Communication (i.e., a non-legislative act) focusing on a Digital Justice Strategy for 2025-2030 (DigitalJustice@2023).

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Controversial aspects of the EU-Mercosur agreement (a South American perspective)

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Fernando Mario Milano (Professor of Integration Law at the National University of Rosario and University of Buenos Aires, Argentina)

With both blocs concluding negotiations on the EU-Mercosur Trade Agreement, it is pertinent to conduct a cursory study on the potential implications of some of the issues linked to the entry into force of its trade pillar, something that, as we will see later, is still far from happening. Of course, this critical analysis should not lead to the interpretation that our position is completely contrary to the provisions of the agreement; it should only serve to highlight those aspects on which there are considerable disagreements between both blocs, which may even render it inapplicable in practice.

As is well known, after 20 years of negotiations, on 28 June 2019, the European Union (“EU”) and Mercosur reached an agreement “in principle” for a “strategic” partnership. This agreement includes not only economic and trade aspects, but also political and cooperation aspects. It consists of three pillars: political dialogue, trade and cooperation.[1]

In view of the disagreements that have arisen between the EU and Mercosur on certain sensitive matters – such as deforestation for agricultural production in the territories of Mercosur countries (particularly in relation to Brazil)[2] – at the request of the EU, an amendment was made to the agreement reached in 2019. In this amendment, in relation to chapter 14 of the trade pillar, a series of parameters to be met for environmental protection were established, in line with the 2015 United Nations (“UN”) Paris Agreement on climate change, duly signed by all Mercosur and EU member countries.[3]

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Portugal’s Social Climate Plan: public consultation has begun

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Nataly Machado (PhD Candidate at the School of Law of the University of Minho, FCT research scholarship holder – 2023.04074.BD) and Cecília Pires (PhD Candidate at the School of Law of the University of Minho, FCT research scholarship holder – 2023.01072.BD)

As part of the Fit for 55 package –  the set of measures adopted by the European Union (EU) to reduce greenhouse gas emissions by at least 55% by 2030 and to enable the goal of climate neutrality by 2050 – the EU Emissions Trading System II (ETS2) was created: a new emissions trading system, separate from the existing EU ETS, which will cover and address CO₂ emissions from fuel combustion in buildings, road transport, and additional sectors.[1]

According to calculations by the European Commission, more than 34 million people in the EU are already affected by energy poverty.[2] In 2023, one fifth of the resident population could not afford to keep their home adequately heated. Across the EU, this proportion reached its peak in Portugal and Spain (20.8%). In 2024, the proportion in Portugal decreased to 15.7%, but remained higher among the at-risk-of-poverty population (30.9%) and the elderly population (22%).[3]

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Political manipulation in the digital age: the European Union’s struggle for electoral integrity

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Beatriz Magalhães Sousa (master’s student in European Union Law at the School of Law of University of Minho)

Modern democracies face, nowadays, highly sophisticated and subtle threats. The electoral interference by third countries, while known to be a practice, has been thrown into the spotlight after the Romanian elections’ debacle – the Constitutional Court, doubting the integrity of the results (which gave the victory to far-right candidate, Calin Georgescu), opted (ex officio)[1] for the annulment of the election. This decision underlines not only the growing suspicion of Russia’s meddling in European politics, but also the dangers that digital technologies and the impoverishment of information constitute for the electoral process – according to the Court, the employment of Artificial Intelligence (AI), automated systems, and coordinated information integrity campaigns play a big part in contemporary elections.[2]

With the elections annulled, Romanian voters rushed to the polls (for the second time in six months) on May 4th, 2025, with the far-right supported candidate – now George Simion, after Georgescu was barred from campaigning for a second time – winning the first round of the rerun.[3] In an attempt to suppress the risks that plagued the past elections, Romania’s institutions created a campaign to combat illegal online content (conducted by the Education Ministry in coordination with the National Audiovisual Council) and encouraged citizens to report any content that constitutes disinformation.[4] These efforts, while commendable seem to have fallen short of the mark with Simion’s win on May 18th being all but certain.

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Summaries of judgments: Joined Cases T-830/22 and T-156/23 and Case T-1033/23 Poland v Commission  | Case T-307/22 A2B Connect and Others v Council

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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 (Second Chamber, Extended Composition), 5 february 2025

Joined Cases T-830/22 and T-156/23 and Case T-1033/23 Poland v Commission  

Law governing the institutions – Partial failure to comply with an order of the Court of Justice imposing interim measures in the context of an action for failure to fulfil obligations – Periodic penalty payment – Recovery of amounts receivable by offsetting – Article 101(1) and Article 102 of Regulation (EU, Euratom) 2018/1046 – Jurisdiction of the General Court

Facts

On 1 April 2021, the European Commission brought an action for failure to fulfil obligations before the Court of Justice against Poland, seeking a declaration that certain legislative amendments to the organisation of the judicial system in Poland, adopted in December 2019, infringed EU law.

In the course of those proceedings, the Court required Poland, inter alia, to suspend the application of certain national provisions challenged by the Commission. Not having implemented that interim measure, Poland was ordered, on 27 October 2021, to pay the Commission a daily penalty payment of one million euro. That daily penalty payment began to run as of 3 November 2021.

Continue reading “Summaries of judgments: Joined Cases T-830/22 and T-156/23 and Case T-1033/23 Poland v Commission  | Case T-307/22 A2B Connect and Others v Council” →

The Greenpeace lawsuit in Dutch courts: a landmark case and the first real test for the EU Anti-SLAPP Directive

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Ana Carcau (master’s student in European Union Law at the School of Law of University of Minho)

In early 2025, Greenpeace International initiated legal proceedings before Dutch courts seeking compensation for all the damages and costs suffered from a series of abusive lawsuits filed against it by the US-based fossil fuel pipeline company, Energy Transfer.[1] These lawsuits, strategically designed to intimidate and silence public participation, are what we now widely refer to as Strategic Lawsuits Against Public Participation (SLAPPs). They exemplify what has been described as “punishment by process”: a way of weaponizing legal systems to suppress dissent rather than to seek justice.[2]

The legal battle between Greenpeace and Energy Transfer is far from recent. It all dates back to 2017, when Energy Transfer began targeting Greenpeace entities in the United States, as well as Greenpeace International, in the aftermath of the 2016 Indigenous-led protests against Dakota Access Pipeline (DAPL). At the time, Energy Transfer alleged that Greenpeace had orchestrated the protests and sought to hold the organisation liable for damages.[3]

Continue reading “The Greenpeace lawsuit in Dutch courts: a landmark case and the first real test for the EU Anti-SLAPP Directive” →

Opinion on Opinion 28/2024 of the European Data Protection Board (EDPB): the HeLa of the mind (on the unknowing immortality of online language)

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Bruno Saraiva [master’s student in European Union Law and Digital Citizenship & Technological Sustainability (CitDig) scholarship holder]

I.

Henrietta Lacks is a relatively obscure name, but one that is representative of the extraordinary impact an individual can have on human achievements, despite their recognition, in life and after death. Her legacy is one of immortality, a unique form of it: books have been written about her, her story is widely discussed, and her very cells are studied daily. Fragments of her body remain alive and will likely persist as long as modern civilisation endures.

Henrietta Lacks died in 1951, at the age of 31. Her passing would come from an extremely aggressive form of cervical cancer. An African American woman, she was born and laboured on her family’s tobacco farm, until the rising fortunes of post war America carried her to Baltimore where she would pass away, leaving her husband and five children. Neither her nor her loved ones would know the significance of her contribution to humanity. Glimpses would only come decades later, when her children’s lives were disrupted by researchers seeking medical data and tissue samples, while steadfastly refusing to divulge the intention behind their actions. Only in 1975, during a chance dinner conversation, would the Lacks family realise Henrietta’s enduring importance.

Continue reading “Opinion on Opinion 28/2024 of the European Data Protection Board (EDPB): the HeLa of the mind (on the unknowing immortality of online language)” →