Editorial of December 2025

On the ailing transatlantic partnership and its impact on European integration 

Alessandra Silveira [Editor of this blog, Coordinator of Jean Monnet Centre of Excellence “Digital Citizenship and Technological Sustainability” (CitDig), University of Minho] and Pedro 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)]

The US National Security Strategy, presented at the beginning of December,[1] is an official State Department document that sets out the fundamental guidelines for US diplomacy – in other words, it defines how the US will relate to the rest of the world over the next three years. The US National Security Strategy has been taken seriously over time – and in this text we will assume that we still live in a world where there are adults in the room, despite the volatility of the ideas put forward within the Trump Administration.[2]  

What is the relevance of this new US Strategy for the world order?  The general feeling is that, if taken seriously, this Strategy reconfigures the concept of sovereignty in the 21st century.[3] In other words, the Strategy officially recognises the existence of zones of vital interest, which the strongest states can naturally dispose of – a kind of division of the world into zones of influence. This would justify the prominence of the US in the so-called “Western Hemisphere”, as well as US access to strategically vital assets – wherever they may exist in the “Western Hemisphere”.

This suggests a revival of the old thesis of “living space” (“Lebensraum”) adopted and amplified with tragic consequences for all of humanity by Nazi Germany’s Third Reich.[4]  This is a geopolitical concept popularised in the 19th century by Friedrich Ratzel and taken up again in the 20th century by Karl Haushofer – whose ideas were exploited and used by the Third Reich. This idea of the indispensability of “living space” was also detected in Vladimir Putin’s narrative, especially in his justifications (at least in his initial ones) for the invasion of Ukraine by the forces of the Russian Federation.

Continue reading “Editorial of December 2025”

Editorial of September 2025

Brief notes on the State of the Union (SOTEU) annual address of 10 September 2025

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)]

On the same day that the President of the Commission delivered her 2025 State of the Union address[1] to the European Parliament, [2] Polish airspace was violated by a group of Russian drones. One of the concerns raised by President von der Leyen was therefore the urgent need to rethink and strengthen the common security and defence policy. In other words, on the very day that the State of the Union address was delivered in the European Parliament, Putin helped to corroborate one of the priorities set out in President von der Leyen’s speech! Moreover, these were the opening words of the speech, in a diagnosis that the President herself described as bleak: “Europe is in a fight. A fight for a continent that is whole and at peace. For a free and independent Europe. A fight for our values and our democracies. A fight for our liberty and our ability to determine our destiny for ourselves. Make no mistake – this is a fight for our future.”

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Editorial of July 2025

Backtracking on green claims? the EU’s fight against greenwashing at a crossroads

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

In March 2023, the European Commission presented the long-awaited proposal for a Green Claims Directive,[1] a legislative initiative designed to bring transparency and credibility to environmental claims made by companies across the European Union (EU). By targeting misleading environmental claims and demanding clear, science-based substantiation, the proposal aimed to restore consumer trust and ensure that the growing market for sustainable products was based on truth rather than illusion.[2] In short, it was widely seen as a cornerstone of the European Green Deal,[3] designed not only to inform but to empower consumers, protect genuinely sustainable companies and create a level playing field across the Single Market.[4]

However, recent reports suggest that the proposal now faces political and institutional limbo. On the 20th of June, reports emerged that the Commission was considering formally withdrawing the proposal, citing concerns over the potential regulatory burden on microenterprises, which number around 30 million across the EU. Although no formal withdrawal has occurred, the Commission confirmed that such a step remains on the table if Member States and the Parliament cannot agree on a carve-out for these businesses. Negotiations between co-legislators were suspended just before a crucial trilogue meeting scheduled for the 23rd of June, following growing resistance from several national governments and the center-right European People’s Party. With Italy retracting its support and no compromise in sight, the Polish Presidency of the Council has now effectively paused the legislative process indefinitely.[5]

Amid legislative gridlock and concerns about administrative burden, this retreat, or threat thereof, raises serious concerns about the EU’s regulatory resolve in the face of industry lobbying, political fatigue and an evolving institutional landscape. If the proposed Green Claims Directive is ultimately withdrawn, it will mark a significant step backwards in the EU’s fight against deceptive green marketing and could send a troubling signal about the fragility of the EU’s green legislative momentum at a time when it should be accelerating.[6] 

Continue reading “Editorial of July 2025”

Editorial of June 2025

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…).

Continue reading “Editorial of June 2025”

Editorial of April 2025

“Readiness 2030” vs. “Disney power”

(European security and defence on the subject of the 72-hour survival kit)

Pedro Froufe [Editor of this blog and Key Staff Member of Jean Monnet Centre of Excellence “Digital Citizenship and Technological Sustainability” (CitDig)]

“Readiness 2030” is the new name for Europe’s security and defence plan. In fact, the specific programme, presented by the President of the Commission on 4 March, for a total amount of 800 billion euros, is called “SAFE”.  Thus, “Readiness 2030” is the overall plan – which includes “SAFE” – that aims to propel Europe towards a dimension of power, also of “hard-power”, capable of having “strategic autonomy” in matters of common security and defence.[1]

But what may be a curious note is the fact that this “Readiness 2030” plan has been renamed – insofar as Ursula von der Leyen initially presented it as simply the “ReArm Europe” plan. It was changed from “Rearmament” to “Readiness” under the influence of Italy and Spain. Giorgia Meloni made it clear that she did not like the term “rearmament”, as it would be a misleading name for citizens; Europeans are called upon to strengthen their defence capabilities, but that does not just mean buying arms in a trivial way. For Meloni, the focus should be broader, encompassing operability, essential services, energy infrastructures, supply chains – everything that cannot be done simply with weapons. Pedro Sánchez shared the same view, in the sense that “rearmament” would be an incomplete view of the problem of security and defence.

Continue reading “Editorial of April 2025”

Editorial of March 2025

Alessandra Silveira [Editor of this blog, Coordinator of Jean Monnet Centre of Excellence “Digital Citizenship and Technological Sustainability” (CitDig), UMinho]

The new world (dis)order and the European Defence Union

(on three years since the invasion of Ukraine)

On 24 February 2022, while the planet was still rising from the depths of the pandemic, barbarity returned to the European continent – all recorded by drones and satellites in a conventional war perpetrated amid the digital age. The return of war to the European continent urges us to re-read Hannah Arendt, because totalitarian solutions are still tantalisingly tempting. [1] Arendt explains that nowhere else does Fortune – good or bad – play such a decisive role in human affairs as on the battlefield. That is why violence in war carries with it an additional element of arbitrariness.[2]

In “The Origins of Totalitarianism” from 1951, Arendt traces the subterranean elements that crystallised the astonishing singularity of the totalitarianisms of the 20th century – and their systematic attempt to make human beings superfluous. The same perplexity that arises before the terrifying images of Bucha or Mariupol – but where does this horror come from? – led Arendt to coin the expression “the banality of evil”. With this concept, she wanted to explain that someone does not have to be a monster to perpetrate an evil act – and that people can commit it for banal reasons, without ever having decided whether to be good or bad, but simply because of their inability to think, to put themselves in the place of the victims, to exercise a broad mentality or the Kantian universalisation test.[3]

Continue reading “Editorial of March 2025”

Editorial of January 2025

By Alexandre Veronese (Professor of University of Brasília, CitDig key external member, UMinho) and Alessandra Silveira [Editor of this blog, Coordinator of Jean Monnet Centre of Excellence “Digital Citizenship and Technological Sustainability” (CitDig), UMinho]

The dilemmas of content moderation in the European Union and Latin America: a new chapter?

            It was already known that Elon Musk’s direct participation in the presidential campaign that led to a second term for Donald Trump would have consequences for Big Tech regulation policies. However, one did not imagine that it would happen so quickly. The recent policy change by Meta – the parent company to which Facebook, Instagram and WhatsApp belong – paves the way for other technology companies to seek ways to tacitly or explicitly “globalise” a broader interpretation of the concept of freedom of expression, according to the model of the United States of America.

            For Brazil – and other democracies in Latin America – that have had clashes with large digital platforms, the dilemma will increase. It is worth remembering what happened in Brazil. The social network X – former Twitter –, after its acquisition by Elon Musk, changed its content moderation policy. Thus, potentially offensive posts were released in certain countries. This process culminated in court orders from the Federal Supreme Court of Brazil to block posts and accounts. Invoking its terms of use of service, social network X refused to comply with such orders. That reaction caused the application to be blocked.[1] Subsequently, the social network X met the demands of that court – which acts as the Brazilian constitutional court – and the application was able to function again.[2]

Continue reading “Editorial of January 2025”

Editorial of October 2024

By the Alessandra Silveira (Editor)

On peace and sustainability

Between 27 and 29 September 2024, the University of Minho hosted “Greenfest” – the largest sustainability event held in Portugal and one that has been running for 17 years.[1] I had the honour of speaking on the panel dedicated to “Peace” – which addressed issues related to the promotion of peaceful, just and inclusive societies – essential for sustainable development and social cohesion. 

In legal sciences, sustainability is understood as a process through which we pursue a global society capable of perpetuating itself indefinitely over time in conditions that ensure human dignity. From this perspective, anything that contributes to this process would be sustainable, while anything that deviates from it would be unsustainable. [2] For this reason, constitutionalists such as Peter Häberle or Gomes Canotilho consider sustainability to be the structural principle of a new secular paradigm – along the lines of those that followed in the development of modern constitutionalism: humanism in the 19th century, sociality in the 20th century, sustainability in the 21st century.

In any case, talking about peace at a “Greenfest” necessarily brings us back to Kant and what he described as “Perpetual Peace” – a philosophical proposal on how peace can be achieved – especially as 2024 marks the 300th anniversary of the philosopher’s birth.  Kant’s question was not whether perpetual peace would be feasible or utopian, but to devise the means to achieve this end. In other words, to adopt stable institutions that make it possible to avoid war – and thus achieve a peace that represents more than the absence of war.

Continue reading “Editorial of October 2024”

Editorial of May 2024

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”

Editorial of March 2024

By the Alessandra Silveira 

On inferred personal data and the difficulties of EU law in dealing with this matter

The right not to be subject to automated decisions was considered for the first time before the Court of Justice of the European Union (CJEU) in the recent SCHUFA judgment. Article 22 GDPR (on individual decisions based solely on automated processing, including profiling) always raised many doubts to legal scholars:[1] i) what a decision taken “solely” on the basis of automated processing would be?; ii) would this Article provide for a right or, rather, a general prohibition whose application does not require the party concerned to actively invoke a right?; iii) to what extent this automated decision produces legal effects or significantly affects the data subject in a similar manner?; iv) will the provisions of Article 22 GDPR only apply where there is no relevant human intervention in the decision-making process?; v) if a human being examines and weighs other factors when making the final decision, will it not be made “solely” based on the automated processing? [and, in this situation, will the prohibition in Article 22(1) GDPR not apply]?

To these doubts a German court has added a few more. SCHUFA is a private company under German law which provides its contractual partners with information on the creditworthiness of third parties, in particular, consumers. To that end, it establishes a prognosis on the probability of a future behaviour of a person (‘score’), such as the repayment of a loan, based on certain characteristics of that person, on the basis of mathematical and statistical procedures. The establishment of scores (‘scoring’) is based on the assumption that, by assigning a person to a group of other persons with comparable characteristics who have behaved in a certain way, similar behaviour can be predicted.[2]

Continue reading “Editorial of March 2024”