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

On March 1, 2024May 8, 2024 By officialblogunioIn Summaries of judgmentsLeave a 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)

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Judgment of the General Court (First Chamber, Extended Composition), 15 November 2023, Case T-193/22, OT v Council of the European Union

Facts

Following the military aggression perpetrated by the Russian Federation (‘Russia’) against Ukraine on 24 February 2022, the Council of the European Union (‘the Council’) adopted several acts 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, adopted by the Council since 2014.

The Council imposed on the applicant, OT, a businessman of Russian nationality, the freezing of his banking funds and assets, in accordance with Article 2(1) (d) and (g) of Decision 2014/145/CFSP of 17 March 2014[1], on the ground that, he is a major shareholder of the Russian conglomerate ‘Alfa Group’, one of Russia’s largest taxpayers. As such, the applicant is considered to be one of the most influential persons in the country and has links with the Russian President. According to the Council, Vladimir Putin rewarded the Alfa Group for its loyalty to the Russian authorities.

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New UNIO issue now online

On February 23, 2024 By officialblogunioIn NewsLeave a comment

By the Editorial Team

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The Editorial Board is happy to announce that a new issue of the UNIO – EU Law Journal is now online. The 9(2) issue of UNIO includes contributions from various highly respected scholars and young academics and addresses issues such as i) regulation and governance of artificial intelligence; ii) the European data market; iii) the influence of European Union personal data protection standards in Latin America; iv) decentralised energy production and its intersection with the right to the city and environmental, climate, and energy-related concerns; v) the European Union’s strategy for the circular economy; and vi) European cyberculture.

We hope this new issue is relevant for our readers and would like to remind you that we are accepting submissions at UNIO and also at our blog.

You may find UNIO’s 9(2) issue here.

Editorial of February 2024

On February 15, 2024 By officialblogunioIn EditorialsLeave a comment

By the Editorial Team

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The Autumn Eurobarometer and the expectations of European citizens

The Eurobarometer is an instrument used by the institutions of the European Union (EU) to find out and assess the state of European public opinion. Strictly speaking, it is a method of collecting public perceptions, like a survey or poll. Naturally, it focuses on issues and problems that directly concern European integration, but it also covers issues that are relevant from a political, economic, and social point of view. It is a kind of “pulse measuring” of the EU and its citizens. The rigour of the method used, and its credibility make Eurobarometer particularly representative of currents of thought and opinion, with relevance and use in the decision-making and political actions of the EU institutions.

This type of survey – when at all credible, despite the volatility of people’s feelings, emotions, and reactions, which are increasingly moulded by immediacy in the media – is also a factor in good governance. It therefore helps to enliven democracy. It brings the frame of mind of citizens (and therefore voters) closer to political decision-makers. It should be noted that we are increasingly moving towards post-modern democracy – in the sense of post-national, post-State democracy. This means that, with all the (relative) imprecision of the terms now used, democracy and the “popular will” can no longer be circumscribed, imprisoned, reduced to a mere electoral expression, a sporadic vote, preceded by an electoral process (campaign). Furthermore, permanent interaction between elected representatives and voters, as well as an understanding of the people’s messages and way of thinking, are integral factors in a desired democracy and political activity that is sound, transparent and fruitful in terms of satisfying the needs and aspirations of those who are governed. Knowing the reality is fundamental to defining public policies – and the people’s way of feeling and thinking is an inescapable element of that reality.

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Dr. Strangelove or: What Lights Sheds Kubrick on Today’s Union

On February 5, 2024February 5, 2024 By officialblogunioIn ReviewsLeave a comment

Gonçalo Martins de Matos (Master in Judiciary Law by the University of Minho)

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Dr. Strangelove or: How I Learned to Stop Worrying and Love the Bomb, Stanley Kubrick’s political satire black comedy film, completed, in the past Monday, 60 years of age since its release on 29^th January 1964. Often considered one of the best comedies ever made and, arguably, the best political satire of the 20^th century[1], the depths of human stupidity are surgically dissected by the keen, sagacious mind of Stanley Kubrick. More than that, Kubrick’s cautionary tale about nuclear apocalypse exposes humans in what they tragicomically have more contradictory, hypocritical and idiosyncratic.

Encompassing a wide spectrum of themes, Dr. Strangelove remains very present, shedding, like all great Art, some light on contemporary issues and events. More so in recent years, with Russia’s invasion of Ukraine, bringing to the Old Continent the dark fog of war again. Since Russia is a nuclear power, the fear of nuclear escalation invaded once again people’s hearts, reminding the great powers of the Cold War’s Mutually Assured Destruction (MAD – a fittingly ironic name, as well) doctrine. NATO members have been (well) cautious, as to avoid a backslide to the obscurity of the Cold War. Obscurity is the right word to describe the surroundings of war: freedom is suffocated, barricades are erected, and truth is the first victim.

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The New EU Pact on Migration and Asylum: from political (dis)agreements to a last chance

On January 26, 2024 By officialblogunioIn EssaysLeave a comment

Inês Neves (Lecturer at the Faculty of Law, University of Porto | Researcher at CIJ | Member of the Jean Monnet Module team DigEUCit ) and Rita Ferreira Gomes (Associate at Morais Leitão)

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Setting the scene

From 2020 onwards, migration and asylum have been central to both national and European Union (‘EU’) political agendas. 2023, however, was key and ended with major challenges for 2024.

By the end of 2023, the European Parliament and the Council had reached a political agreement on several key proposals included in the (New) Pact on Migration and Asylum[1] (‘New Pact’), in particular, Proposals for Regulations: i) introducing a screening of third country nationals at the external borders[2] (‘Screening Regulation’); ii) on the establishment of ‘Eurodac’[3] (‘Eurodac Regulation’); iii) on a common procedure for international protection in the Union[4] (‘Asylum Procedures Regulation’); iv) on asylum and migration management[5] (‘Asylum Migration Management Regulation’), and v) addressing situations of crisis and force majeure in the field of migration and asylum[6] (‘Crisis and Force majeure Regulation’).

Some question whether “the legislative proposals [will] have the same fate as the reform package that had been presented by the Commission in 2016”[7]. Others see the New Pact as a final opportunity to get it right, or at least deserving of “a chance to succeed”[8]. In her 2023 State of the Union speech, President von der Leyen referred to a “historic opportunity to get it over the line”, and compassionately, urged us all to get it done and prove that “Europe can manage migration effectively and with compassion”[9].

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A specter is haunting Spain — the specter of illiberalism: A young democracy facing its ghosts

On January 12, 2024January 12, 2024 By officialblogunioIn EssaysLeave a comment

Rubén Díez (Professor of Sociology at Complutense University)

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Populism shows a natural tendency to strain the independence of public functions, the autonomy of civil society and media, as well as the institutional mechanisms regulating the civil sphere in liberal democracies. Obama reminded us of this during the funeral of Republican John McCain in September 2018, implicitly referring to President Trump. A portion of Obama’s eulogy highlighted the rules and principles of rational-legal legitimization that govern our democracies. These include adherence to the duties and responsibilities of public office, as well as the norms regulating voting and the party system. Civil organizations, alongside the political class, must take responsibility for safeguarding these principles to prevent populism from taking root within their ranks and political entities. As Steven Levitsky and Daniel Ziblatt remind us in “How Democracies Die”, more essentialist forms of democracy—with demagogic speeches and leaders, populist organizations, plebiscitary practices, and Caesarism—civil institutions see a reduction in their mediating and arbitrating capacity for the multiplicity of material and ideal interests, hindering the expression of civil solidarity. The leader, party, or movement positions itself as the voice of the people, appealing to collective identities exclusively articulated in a binary key of belonging.

Illiberalism in its most extreme forms, especially when it seizes power, thrives by co-opting civil institutions and intermediate spaces. In addition, it silences or sidelines those who articulate alternative positions to its political project. This is achieved by subverting the law and discrediting dissenting voices often through the civil exclusion of discordant voices. If the ultimate expression of this idealized political project successfully materializes in a specific place and time, it opens the door for an anti-democratic populist project to crystallize. Some recent examples include traits of this ideal definition of illiberal scenarios: the leadership of Viktor Orbán in Hungary, Law and Justice in Poland, the Brexit referendum in 2016, the declaration of independence in Catalonia in 2017, and the Trump administration in the USA. Sadly, a progressive and accelerated trend of democratic degradation may be observed in Spain as 2023 ends, following the formation of a new coalition government led by the Spanish Socialist Workers’ Party (PSOE) with the support of left-wing populist, nationalist, and separatist forces.

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Summaries of judgments: Asociaţia «Forumul Judecătorilor din România» | Juan

On January 3, 2024 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)

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Judgment of the Court (First Chamber) of 7 September 2023, Asociaţia «Forumul Judecătorilor din România», Case C‑216/21, EU:C:2023:628

Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Article 2 TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Charter of Fundamental Rights of the European Union – Article 47 – Independence of judges – National legislation altering the scheme for the promotion of judges

Facts

In 2019, the Consiliul Superior al Magistraturii (Superior Council of Magistracy, Romania) (CSM) altered the procedure for the effective promotion of judges to the regional courts and the courts of appeal by replacing the old written exams with an assessment of candidates’ work and conduct during their last three years of service. The Asociaţia «Forumul Judecătorilor din România» (‘Forum of Judges of Romania’ Association) and YN brought an action before the referring court, the Curtea de Apel Ploiești (Court of Appeal, Ploieşti, Romania), for partial annulment of that decision.

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Editorial of December 2023

On December 9, 2023 By officialblogunioIn EditorialsLeave a comment

By Alessandra Silveira (Editor)

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Is there a threat to the rule of law in the EU as a consequence of the government agreement in Spain and the institutional crisis in Portugal?

The Government agreement in Spain (the amnesty proposal for the Catalan secession process) and the institutional crisis in Portugal (the resignation of the Government due to signs of influence peddling) have an impact on the functioning of the European Union (EU) because they could jeopardise the value of the rule of law on which the Union is founded (Article 2 TEU).

What is the meaning of the principle (i.e. the legal norm) of the rule of law in the EU? It means that the exercise of power is subject to legal rules and procedures (i.e. legislative, executive, and judicial procedures) that allow citizens to monitor (and possibly challenge) the legitimacy of decisions taken by public authorities. The basic idea of the rule of law is therefore to submit power to the law. This fundamental norm conditions the accession of a candidate State to the EU – and authorises the Union to monitor the proper functioning of the rule of law in the various Member States.

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The regulation of non-invasive neurotechnologies in the EU single market: A rights-orientated approach in a goldmine of data

On December 1, 2023 By officialblogunioIn CommentsLeave a comment

Bárbara Antunes Goldman (Master's student in European Union Law at the School of Law of the University of Minho)

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The Spanish Presidency of the Council of the European Union, which runs from 1 July to 31 December 2023, has expressed its commitment to the digitalisation of Europe, especially with regard to raising awareness of the need for proper regulation of non-invasive neurotechnologies in the European Union (EU) and preparing its Member States for what lies ahead.

To this end, in October 2023, an informal ministerial meeting was held in the city of León, where the Telecommunications and Digital Ministers of the EU Member States met to discuss the paths to be taken so that the EU can consolidate itself as a global reference in the protection and recognition of digital rights. This meeting resulted in the León Declaration on European Neurotechnology: A Human Centric and Rights-oriented Approach.[i]

Neurotechnology is a significant part of the current wave of technological developments that converge neuroscience, digitalisation, and artificial intelligence, promising remarkable improvements in mental health, well-being, and productivity. This novel neurotechnology offers “devices and procedures used to access, monitor, investigate, assess, manipulate, and/or emulate the structure and function of the neural systems of natural persons.”[ii]

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