Summaries of judgments: Presidente del Consiglio dei Ministri and Others (European arrest warrant issued against a third-country national) | Lin

On By officialblogunioIn Summaries of judgmentsLeave a 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 6 June 2023, Presidente del Consiglio dei Ministri and Others (European arrest warrant issued against a third-country national), Case C‑700/21, EU:C:2023:444

Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Grounds for optional non-execution of the European arrest warrant – Article 4(6) – Objective of social rehabilitation – Third-country nationals staying or residing on the territory of the executing Member State – Equal treatment – Article 20 of the Charter of Fundamental Rights of the European Union

Facts

On 13 February 2012, the Judecătoria Brașov (Court of First Instance, Brașov, Romania) issued a European arrest warrant (EAW) against O.G., a Moldovan national, for the purposes of executing a custodial sentence.

Finding that O.G. had proof that met the legal standard necessary to demonstrate his stable family and employment situation in Italy, the Corte d’appello di Bologna (Court of Appeal, Bologna, Italy) raised before the Corte costituzionale (Constitutional Court, Italy) questions as to the constitutionality of Article 18a of Law No 69/2005 (GURI No 98 of 29 April 2005).

Continue reading “Summaries of judgments: Presidente del Consiglio dei Ministri and Others (European arrest warrant issued against a third-country national) | Lin” →

EU’s policies to AI: are there blindspots regarding accountability and democratic governance?

On By officialblogunioIn EssaysLeave a 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 her recent State of the Union (SOTEU) 2023 speech, the President of the European Commission Ursula von der Leyen addressed several pressing issues, including artificial intelligence (AI). In this regard, the President of the European Commission highlighted that leading AI creators, academics and experts have issued a warning about AI, stressing that “mitigating the risk of extinction from AI should be a global priority alongside other societal-scale risks such as pandemics and nuclear war”, adding that AI is advancing at a faster pace than its creators predicted.[1]

The President of the European Commission also argued that of the three pillars of the global framework for AI – guardrails, governance, and guiding innovation – guardrails is the most important, and in this sense, AI must be developed in a way that is human-centred, transparent, and accountable. Indeed, in Europe we have witnessed such an approach to the development of AI, as evidenced by various official documents and reports from different scientific communities, [2] also emphasising the need to build trust in this type of technology.

Continue reading “EU’s policies to AI: are there blindspots regarding accountability and democratic governance?” →

Why is the demarcation of indigenous peoples’ territories in Brazil important to achieve European and global climate goals?

On By officialblogunioIn EssaysLeave a comment 

Cecília Bojarski Pires  (PhD Candidate at the School of Law of the University of Minho)
▪           

Indigenous and tribal peoples’[1] ancestral territories are essential for climate stability and resilience.[2] “Their territories contain about one-third of all the carbon stored in Latin America and the Caribbean forests and 14 percent of the carbon stored in tropical forests worldwide”.[3] It is indisputable that the role played by indigenous peoples is vital in terms of global climate action, but that is not all. This article aims to demonstrate the importance of preserving indigenous peoples’ lands to achieve European and global climate goals, protect the forests and other ecosystems, conserve biodiversity, and prevent climate change. Furthermore, it is a matter of respect for human rights, a European value.

According to Villares,[4] indigenous peoples are united to the land and all its elements. Moreover, the land is not just a tangible material element but a subjective element that takes on a transcendental character. Thus, the territory is occupied and developed by everyone in that community. For that reason, indigenous peoples’ production system is, in general, much less predatory. The consequence of this special way of dealing with the land means that indigenous peoples can use natural resources without putting ecosystems at risk. It makes them indispensable for guaranteeing environmental conservation and contributing to the fight against poverty, hunger, and malnutrition.[5]

Continue reading “Why is the demarcation of indigenous peoples’ territories in Brazil important to achieve European and global climate goals?” →

Editorial of October 2023

On By officialblogunioIn Editorials1 Comment 
By the Editorial Team
▪

“Answering the call of history” – on the 2023 “State of the Union” speech (SOTEU) by President Ursula von der Leyen

On 13 September 2023, the President of the European Commission, Ursula von der Leyen, gave a speech summing up her term in office – perhaps even anticipating re-election. To this end, she presented results, arguing that her Commission had managed to implement more than 90 per cent of the political guidelines it presented in 2019.

The motto of the “State of the Union” (SOTEU) 2023 speech was “Answering the call of history”. In what sense? In the sense that history is happening while Russia is waging a full-scale war against the founding principles of the United Nations (UN) Charter. The President of the Commission tried to explain to what extent the European Union (EU) is up to this challenge. But Ursula von de Leyen also demonstrated the extent to which history demands the deepening of the integration process, its “becoming”.

Continue reading “Editorial of October 2023” →

New UNIO issue now online

On By officialblogunioIn NewsLeave a comment 
By the Editorial Team
▪

The Editorial Board is happy to announce that a new issue of the UNIO – EU Law Journal is now fully online. The 9(1) issue of UNIO includes contributions from various highly respected scholars and young academics and addresses issues such as a) peacekeeping and crisis management in the current context of international relations, b) discrimination in the digital era, c) algorithmic discrimination, d) personal data and children’s rights, e) the Brussels Effect in the context of data protection in Latin America, and f) and the relationship between sustainability and procedural law.

We hope this new issue pleases both our readers and authors and would like to remind you that we are accepting submissions at UNIO and also at our blog.

You may find UNIO’s 9(1) issue here.

Editorial of September 2023

On By officialblogunioIn EditorialsLeave a comment 
By the Editorial Team
▪

Impact of climate change on children and young adults

At the end of November 2020, international media[1] reported that the European Court of Human Rights (ECtHR) had ordered 33 European governments to respond to a landmark climate lawsuit lodged by four children and two young adults from Portugal – Duarte Agostinho and Others, no. 39371/20. The media pointed out that this could be the most important case ever tried by the European Court; it is the first occasion the Court has had the opportunity to grapple with climate change and its impact on individuals. The case was filed in September 2020 after Portugal recorded its hottest July in 90 years. It was initiated three years ago following the devasting forest fires in Portugal that killed more than 120 people in 2017. The ECtHR will be holding a hearing for this case on 27 September 2023.

The young applicants are being represented by British barristers, experts in environmental and climate change law, and supported by the London and Dublin based NGO “Global Legal Action Network” (GLAN).[2]  At the request of GLAN, some Editors of UNIO provided a (pro bono) legal opinion for that case concluding that the Portuguese judicial regime is not equipped with a mechanism that allows the prosecution of all the pursued/targeted countries and that any decision issued by a Portuguese court would have limited territorial scope.  

Continue reading “Editorial of September 2023” →

Holiday break

On By officialblogunioIn UncategorizedLeave a comment 
By the Editorial Board
▪

Dear readers,

We will be taking a short break for summer holidays. We will resume our regular publishing schedule in early September 2023.

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

Editorial of August 2023

On By officialblogunioIn EditorialsLeave a comment 
By the Editorial Team
▪

One year from the European Parliament elections (June 2024): what is the opinion of European citizens (particularly, Portuguese citizens) about European integration?

Before our blog begins its usual summer break, it is important to assess the state of European “democracy in action”. According to the June Eurobarometer results, it could be argued European integration is progressing favourably.[1] Various indicators, such as citizens’ support for democracy, awareness of the upcoming European elections, and the recognition of the impact of the European Union (EU) on citizens’ lives, point to a prevailing sentiment that the EU is a vital lifeline.

To which extent, one might ask? First, Europeans widely recognise the EU’s leading role in responding to the successive crises that have shaped the current European Parliament (EP) legislature. In Portugal, for instance, 80% of respondents (8 out of 10 Portuguese) recognise the impact of the EU on their daily lives, while the European average stands slightly lower at 71%. This aligns with a recent poll conducted in Portugal, according to which Portuguese citizens believe that the EU influences the decisions made by their Government and Parliament, and they not only endorse this influence but also perceive it as positive.

Continue reading “Editorial of August 2023” →

Portuguese Supreme Court’s Decision n. º 268/13.2YHLSB.L1.S1 in relation to CJEU case C-683/17: portraying the empirical importance of preliminary rulings

On By officialblogunioIn Case notesLeave a comment 

Sandra Fernandes  (Master Student in Judicial Law, School of Law, University of Minho)
▪           

On the 15th of January 2020, the Portuguese Supreme Court issued a decision concerning a dispute on copyright relating to clothing designs.

The process began in August 2013 with an action brought before a Portuguese court of first instance by G-Star Raw, against Cofemel, requesting the latter to be ordered to cease several acts constituting infringement of the former’s copyright and unfair competition. G-Star Raw further requested compensation for the harm suffered in consequence of such acts taken by Cofemel, by means of a penalty payment. Specifically, G-Star Raw argued that some designs of jeans, sweatshirts and t-shirts manufactured by Cofemel were comparable to some of their own designs in a way that violated copyright, given that those designs constituted original intellectual creations and, as such, ought to be classified and protected as ‘works of art’. This status would place G-Star Raw’s creations under protection of article 2 of Portuguese Code on Copyright and Related Rights.

Continue reading “Portuguese Supreme Court’s Decision n. º 268/13.2YHLSB.L1.S1 in relation to CJEU case C-683/17: portraying the empirical importance of preliminary rulings” →

Summaries of judgments: E.D.L. (Ground for refusal based on illness) | TAP Portugal (Death of the co-pilot)

On By officialblogunioIn Summaries of judgmentsLeave a comment 
Summaries of judgments made in collaboration with the Portuguese judge and référendaire of the CJEU (Nuno Piçarra and Sophie Perez)

 ▪

Judgment of 18 April 2023 , E.D.L. (Ground for refusal based on illness), Case C‑699/21, EU:C:2023:295

Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 23(4) – Surrender procedures between Member States – Grounds for non-execution – Article 4(3) TEU – Duty of sincere cooperation – Postponement of the execution of the European arrest warrant – Article 4 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Serious, chronic and potentially irreversible illness – Risk of serious harm to health affecting the person concerned by the European arrest warrant

Facts

On 9 September 2019, the Općinski sud u Zadru (Municipal Court, Zadar, Croatia) issued a European arrest warrant (EAW) against E.D.L., who resides in Italy, for the purposes of conducting a criminal prosecution in Croatia.

Continue reading “Summaries of judgments: E.D.L. (Ground for refusal based on illness) | TAP Portugal (Death of the co-pilot)” →