Author: officialblogunio

Law and politics: the Puigdemont case and the dialogue between courts

On By officialblogunioIn EssaysLeave a comment 

Teresa Freixes (President of Citizens pro Europe and Jean Monnet Professor ad personam)
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In recent weeks, the Court of Justice of the European Union (CJEU) has handed down judgments that shatter the assertion, so dear to some, that law cannot constrain policy. I am referring, essentially, to those that have considered the EU’s agricultural and fisheries agreement with Morocco to be contrary to EU law because it does not respect the will of the Sahrawi people, guaranteed by international law (Judgment in Joined Cases C-778/21 P and C-798/21 P and in Joined Cases C-779/21 P and C-799/21 P); also, the EU must grant political asylum to Afghan women who request it because they objectively meet all the legally established requirements for it to be granted, given the systematic violation of rights to which they are subjected in their country (Judgment in Joined Cases C‑608/22 and C‑609/22); and, of course, that which rejects the appeal of Mr. Puigdemont and Mr. Comín, confirming that they cannot be considered MEPs because they have not fulfilled the requirements established in national law to do so (Judgment C-600/22 P).

No matter how much political agreement there has been between the political bodies of the EU and Morocco, ignoring the fact that legally speaking Western Sahara is still a territory to be decolonised, regardless of the political decision that has been taken to abandon Afghan women asylum seekers to their fate, or the political will that some have had in pretending that one can be an MEP without complying with the electoral law of the Member State, the CJEU has guaranteed the rule of law and the application of the competent rules in the disputes that are the subject of its rulings. This is an example to be followed by the high courts, both supreme and constitutional, in all EU Member States and, particularly, as far as Spain is concerned.

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New open access publication available – The Charter of Fundamental Rights of the European Union: A Commentary

On By officialblogunioIn News1 Comment 
By the Editorial Team
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We are pleased to announce the release of the English version of the Commentary on the Charter of Fundamental Rights of the European Union, coordinated by Alessandra Silveira, Larissa Araújo Coelho, Maria Inês Costa and Tiago Sérgio Cabral. This work is an important addition to our continuous work (within the JusGov research centre) to build a body of publications that contribute to the advancement of legal knowledge on fundamental rights in the context of the European Union and is an extensive update of the Portuguese version published in 2013.

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Are the Portuguese antitrust sanctions sufficient to guarantee the proper functioning of the internal market?

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Isabel de Paiva (master’s student in European Union Law at the School of Law of the University of Minho)
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Competition and free economic initiative structure the regulation of markets. In a legal order that follows and preserves economic freedom – that is, in a market economy, or more precisely, in a ‘social market economy’ such as the European one – competition and free economic initiative end up boosting economic development and growth. The promotion of free enterprise is largely underpinned by the existence of competition (and vice versa). Competition promotes innovation, better allocation of resources between economic agents and, to that extent, better satisfaction of consumer interests.

In any case, and regardless of the economic function and virtues of competition, there is also a sense of economic justice: competitive conditions must naturally be equal for all, and must not be distorted to the advantage of a few and to the detriment of the collective interest – which consists of the best possible allocation of available resources. This leads us to consider the importance of competition and guaranteeing its effectiveness from a perspective that goes beyond its strictly economic virtues: it begins as an imperative of economic justice and therefore has an ethical and normative aspect. A free market is necessarily a market with as high a level of competition as possible.

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Holiday break

On By officialblogunioIn UncategorizedLeave a comment 
By the Editorial Board
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Dear readers,

We will be taking a short break for summer holidays. We will resume our regular publishing schedule in early September 2024.

In the meantime, we are always open to receiving new academic contributions from our readers. If you have an innovative, dynamic, thoughtful piece that you believe would fit in this blog, feel free to send it to us at: unio.cedu@direito.uminho.pt.

If you would like to catch up on some reading on EU matters please check our news, comments, essays, reviews, and case law of the ECJ sections. Do not forget to subscribe to the blog by filling your email on the “FOLLOW THE OFFICIAL BLOG OF UNIO” section in the sidebar so you can be updated on all our latest posts.


Pictures credits: Photo by VH S on Pexels.com

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

On 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.

Continue reading “CJEU case law on ‘amnesties’: prospects for the Spanish amnesty on the Catalan independence conflict” →

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)
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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]

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New digital manifestations of financial services and European integration: what benefits for the European citizen

On By officialblogunioIn Essays1 Comment 

Ana Filipa Machado Ribeiro (Student at the School of Law of the University of Minho | Winner of the 2023 UMinho Award for Undergraduate Research)
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Initial considerations

In an era where digital transformation is reshaping the financial landscape, the European Union (EU) has taken a pivotal step towards harmonising the burgeoning realm of crypto-assets with the introduction of the Markets in Crypto-Assets (MiCA) Regulation. As we delve into the intricacies of the MiCA Regulation, it is essential to understand its objectives, the classification of crypto assets it covers, and the broader implications for European citizens and the digital economy at large. The following discussion offers a comprehensive exploration of the MiCA Regulation, also considering criticisms of the legislative adoption practised by the Union, while seeking to ascertain what advantages (if any) it offers European citizens.

MiCA – Statement of reasons

The EU has presented a Proposal for a Regulation of the European Parliament and of the Council on Markets in Crypto-assets – MiCA Regulation. This legislative proposal is part of the Digital Finance Package, understood by the EU itself as a set of measures that include a new strategy on digital finance for the EU financial sector,[1] aimed at promoting and supporting the potential of digital finance in terms of innovation and competition, while simultaneously mitigating inherent risks. Thus, the EU is prioritising the preparation of Europe for the digital age and creating a future-ready economy, serving its citizens.

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Summaries of judgments: L.G. (Continued holding of a judicial office) | GN (Ground for refusal based on the best interests of the child)

On By officialblogunioIn 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 (Grand Chamber) of 21 December 2023, L.G. (Continued holding of a judicial office), Case C‑718/21 ,EU:C:2023:1015

Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from a panel of judges without the status of an independent and impartial tribunal previously established by law – Inadmissibility

Facts

In Poland, judges who wish to continue to perform their duties after reaching the age of retirement are required to declare their wish to do so to the Krajowej Radzie Sądownictwa (National Council of the Judiciary, the ‘KRS’).

In 2020, L.G., a judge within the Sąd Okręgowy w K. (Regional Court, K., Poland), notified the KRS of his wish to continue to perform his duties beyond the date of his 65th birthday. The KRS declared that there was no need to rule on the application, after finding that it had been lodged after the expiry of the time limit imposed by law. Hearing an appeal brought by L.G., the Sąd Najwyższy (Izba Kontroli Nadzwyczajnej i Spraw Publicznych) (Chamber of Extraordinary Review and Public Affairs of the Supreme Court, Poland), turned to the CJEU to request clarification regarding the principles of the irremovability of judges and judicial independence as enshrined in EU law.

Continue reading “Summaries of judgments: L.G. (Continued holding of a judicial office) | GN (Ground for refusal based on the best interests of the child)” →

From the Official Journal to the Diário da República: the role of correlation tables and Lei 44/2023 in the transposition of EU Law into Portuguese Law

On By officialblogunioIn News1 Comment 

Pedro Petiz Viana (Master in Law and Informatics from UMinho / LL.M. in European Law from Leiden University / EU Affairs Advisor in the Portuguese Parliament)
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Under Articles 258 and 260(3) of the Treaty on the Functioning of the European Union (TFEU), and in accordance with the principle of sincere cooperation laid down in Article 4(3) of the Treaty on European Union (TEU), Member States have the obligation to notify the European Commission of the national measures transposing a Directive.

As affirmed by the Court of Justice of the European Union, this notification must “contain sufficiently clear and precise information on the substance of the national rules which transpose a Directive”,[1] so that the Commission is in a position to ascertain whether the Member State has genuinely and completely implemented the Directive.[2]

As stated by the Court in Commission v. Belgium, this notification may encompass a “correlation table”.[3] The European Commission, in its “Better Regulation Guidelines” also affirmed that this obligation to communicate may include the so-called “correspondence tables”.[4] [5]

Continue reading “From the Official Journal to the Diário da República: the role of correlation tables and Lei 44/2023 in the transposition of EU Law into Portuguese Law” →

The EU Directive on violence against women and domestic violence – fixing the loopholes in the Artificial Intelligence Act

On By officialblogunioIn Essays2 Comments 

Inês Neves (Lecturer at the Faculty of Law, University of Porto | Researcher at CIJ | Member of the Jean Monnet Module team DigEUCit)
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March 2024: a significant month for both women and Artificial Intelligence

In March 2024 we celebrate women. But March was not only the month of women. It was also a historic month for AI regulation. And, as #TaylorSwiftAI has shown us,[1] they have a lot more in common than you might think.

On 13 March 2024, the European Parliament approved the Artificial Intelligence Act,[2] a European Union (EU) Regulation proposed by the European Commission back in 2021. While the law has yet to be published in the Official Journal of the EU, it is fair to say that it makes March 2024 a historical month for Artificial Intelligence (‘AI’) regulation.

In addition to the EU’s landmark piece of legislation, the Council of Europe’s path towards the first legally binding international instrument on AI has also made progress with the finalisation of the Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law.[3] As the EU’s cornerstone legislation, this will be a ‘first of its kind’, aiming to uphold the Council of Europe’s legal standards on human rights, democracy and the rule of law in relation to the regulation of AI systems. With its finalisation by the Committee on Artificial Intelligence, the way is now open for future signature at a later stage. While the non-self-executing nature of its provisions is to be expected, some doubts remain as to its full potential, given the high level of generality of its provisions, and their declarative nature.[4]

Continue reading “The EU Directive on violence against women and domestic violence – fixing the loopholes in the Artificial Intelligence Act” →