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

On 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)

 ▪

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.

Continue reading “Summaries of judgments: Comune di Copertino | Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date” →

Democratic Integrity in the Era of Digital Disinformation

On By revistaunioIn EssaysLeave a comment 

Eduardo Paiva  (Master in Law and Informatics - UMinho)
▪           

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.

Continue reading “Democratic Integrity in the Era of Digital Disinformation” →

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)
▪           

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)
▪           

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]

Continue reading “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” →

Iris collection as a proof of personhood: current trends on biometric recognition

On By revistaunioIn Essays1 Comment 

Maria Inês Costa (PhD Candidate at the School of Law of the University of Minho. FCT research scholarship holder – UI/BD/154522/2023)
▪           

In Portugal, more than 300,000 people have already “sold” their iris scan to Worldcoin Foundation, which in return offers them cryptocurrency. In March 2024, the Portuguese data protection authority (hereinafter, the CNPD) decided to suspend the company’s collection of iris and facial biometric data for 90 days in order to protect the right to the protection of personal data, especially of minors, following in the footsteps of Spain, which also temporarily banned the company’s activities for privacy reasons.[1]

In a statement, the CNPD explains that the company has already been informed of this temporary suspension, which will last until the investigation is completed and a final decision is made on the matter. The adoption of this urgent provisional measure comes in the wake of “dozens of reports” received by the CNPD in the last month, which report the collection of data from minors without the authorisation of their parents or other legal representatives, as well as deficiencies in the information provided to data subjects, the impossibility of deleting data or revoking consent.[2] In CNPD’s press release, one can read that “[g]iven the current circumstances, in which there is unlawful processing of the biometric data of minors, combined with potential infringements of other GDPR rules, the CNPD considered that the risk to citizens’ fundamental rights is high, justifying an urgent intervention to prevent serious or irreparable harm.”[3]

Continue reading “Iris collection as a proof of personhood: current trends on biometric recognition” →

Summaries of judgments: OT v Council of the European Union | Abramovich v Council

On By revistaunioIn Summaries of judgments1 Comment 
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 (First Chamber, Extended Composition), 10 April 2024, Case T-301/22, Petr Aven v Council of the European Union

Common foreign and security policy – Restrictive measures taken in view of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘support for actions or policies’ – Article 2(1)(a) of Decision 2014/145/CFSP – Article 3(1)(a) of Regulation (EU) No 269/2014 – Concepts of ‘material or financial support for Russian decision-makers’ and ‘benefit’ from those decision-makers – Article 2(1)(d) of Decision 2014/145 – Article 3(1)(d) of Regulation No 269/2014 – Error of assessment

Facts

The Council of the European Union (‘the Council’) adopted, following the military aggression carried out by the Russian Federation (‘Russia’) against Ukraine on 24 February 2022, several measures by which it added the applicant’s name to the lists of persons, entities and bodies supporting actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (“the lists at issue”), adopted by the Council since 2014.

On 28 February 2022, the Council imposed on the applicant, Mr. Petr Aven, an oligarch of Russian and Latvian nationality, the freezing of his banking funds and assets, in accordance with Article 2(1) and (2) of Decision 2014/145/CFSP of 17 March 2014[1].

The Council took such actions on the ground that he is a major shareholder of the Russian conglomerate ‘Alfa Group’, one of Russia’s main banks. As such, the applicant is one of the most influential persons in Russia and has links with the Russian President, Vladimir Putin, supporting the Russian regime. According to the Council, the Russian President rewarded the Alfa Group for its loyalty to the Russian authorities by promoting the group’s investment plans abroad.

Continue reading “Summaries of judgments: OT v Council of the European Union | Abramovich v Council” →

Editorial of May 2024

On By revistaunioIn Editorials1 Comment 
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” →

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)
▪           

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.

Continue reading “New digital manifestations of financial services and European integration: what benefits for the European citizen” →

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)

 ▪

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)” →

European security and defence: the role of the European Peace Facility in building a “strategic autonomy”

On By revistaunioIn Comments2 Comments 
Bruna Barbosa (Master in European Union Law by UMinho)
▪           

The outbreak of new conflicts in the vicinity of Europe highlighted its dependence on the United States (US) in terms of security and defence. However, the redefinition of the US geopolitical strategy has resulted in a gradual reduction of its investments in Europe. This is driven by a shift in US geostrategic priorities to regions far from Europe, such as the Indo-Pacific, due to the emergence of new powers, including China.

This circumstance demands a more active approach from the European Union (EU) in matters related to European security and defence. European thinking has undergone significant changes, notably by recognising the importance of investing in its strategic autonomy .[1], [2]

It is therefore essential to understand how the EU can position itself as a prominent “actor” in security and defence issues on an international scale. And also how the European Peace Facility (hereinafter EPF) effectively contributes to increasing the EU’s strategic autonomy.

In this context, the 2022 Strategic Compass – a document that outlines the EU’s strategic direction over the next decade – stands out to reinforce European security and defence ,[3] seeking to balance its power of influence (soft power) with its military capacity (hard power), in an environment of cooperation between all Member States, allowing for a reinforcement of the Union’s internal stability, in particular, vis-à-vis its neighbouring States.[4]

Continue reading “European security and defence: the role of the European Peace Facility in building a “strategic autonomy”” →