Tag: Democracy

Rule of law and democratic performance from an EU perspective: isn’t it time to #TakeDemocracySeriously?

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Ana Filipa Ribeiro (LL.M. candidate in European Union Law at the School of Law of the University of Minho)

1. Preliminary considerations

Since 2020, the European Commission has been publishing the rule of law report, which aims to examine the latest developments regarding the rule of law in all Member States and this year marks the first report under the Commission’s new mandate.[1]  According to the European Commission itself, Europe’s rule of law report and yearly rule of law cycle strengthen the EU’s democratic resilience, security, and economy at a time when fundamental rights and democratic institutions face growing pressure worldwide.[2] But how do young people evaluate the state of democracy across Europe? What insights are emerging from the newest generation of European scholars and professionals?

That is precisely what the “Our Rule of Law Foundation” (ORoL) set out to explore. This organisation, with this goal in mind and on a “mission (…) to inform youth about the dangers of democratic backsliding through education and engagement, in order to achieve our goal of fostering a pan-European community of students active in the field of the rule of law in the EU”,[3] issued a call for applications and selected young people across Europe to join a project examining the state of democracy on the continent.

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Political manipulation in the digital age: the European Union’s struggle for electoral integrity

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Beatriz Magalhães Sousa (master’s student in European Union Law at the School of Law of University of Minho)

Modern democracies face, nowadays, highly sophisticated and subtle threats. The electoral interference by third countries, while known to be a practice, has been thrown into the spotlight after the Romanian elections’ debacle – the Constitutional Court, doubting the integrity of the results (which gave the victory to far-right candidate, Calin Georgescu), opted (ex officio)[1] for the annulment of the election. This decision underlines not only the growing suspicion of Russia’s meddling in European politics, but also the dangers that digital technologies and the impoverishment of information constitute for the electoral process – according to the Court, the employment of Artificial Intelligence (AI), automated systems, and coordinated information integrity campaigns play a big part in contemporary elections.[2]

With the elections annulled, Romanian voters rushed to the polls (for the second time in six months) on May 4th, 2025, with the far-right supported candidate – now George Simion, after Georgescu was barred from campaigning for a second time – winning the first round of the rerun.[3] In an attempt to suppress the risks that plagued the past elections, Romania’s institutions created a campaign to combat illegal online content (conducted by the Education Ministry in coordination with the National Audiovisual Council) and encouraged citizens to report any content that constitutes disinformation.[4] These efforts, while commendable seem to have fallen short of the mark with Simion’s win on May 18th being all but certain.

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Summaries of judgments: Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council | Administration of the State Border Guard Service of Ukraine v EUIPO

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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 (Grand Chamber) 2 October 2024, Case T-797/22 Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council

Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on the provision of legal advisory services to the Russian Government and entities established in Russia – Fundamental role of lawyers in a democratic society – Right of lawyers to provide legal advisory services – Right to be advised by a lawyer – Articles 7 and 47 and Article 52(2) of the Charter of Fundamental Rights – Independence of lawyers – Rule of law – Proportionality – Legal certainty

Facts

The General Court (“GC”), dismissed an action brought by the Belgian Bar Association, as well as a certain number of individual lawyers, seeking to annul a Regulation adopted by the Council, which sought to restrict the provision of legal advisory services to the Russian Government, and entities, established in the Russian Federation.

In light of the military aggression carried out by the Russian Federation (“Russia”) against Ukraine, several restrictive measures have been adopted by the Council targeting persons, entities and bodies supporting actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

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Football and the Internal Market: Integration beyond passion? (CJEU “BZ” ruling of October 4, 2024)

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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).
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1. Football currently calls for multiple angles of analysis. In recent decades, as an economic activity, it has developed universally. It is a very specific economic activity that involves notable movements of capital and human resources, sociological and cultural aspects. It increasingly involves a technological, television and audiovisual aspect. It is common to say about football, that it – as a phenomenon – “moves passions and crowds”. In parallel, there are manifestations of local, regional and national identity associated with football. This has, directly and indirectly, a very significant economic weight.

For example, according to a study/record of international transfers of football players, called “Transfer Matching System (TMS)”, between 2011 and 2020, the positive net balance of player transfers from Portugal to other countries would have been greater than 2.5 billion Euros.[1] Progressively, football developed its professional-economic aspect, inserted in its own relevant market, which was also being built, solidified and growing in recent decades. The so-called “football industry” (a relatively common expression) is overlapping, on a global scale, with the dimension of football as a mere sporting, educational and leisure activity.

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Rethinking Public Acceptance Mechanisms and Ethical Frameworks for emerging technologies in the EU: The example of Virtual Reality

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Manuel Resende Protásio (PhD candidate at the School of Law of University of Minho | FCT research scholarship holder – Bolsa UI/BD/152801/2022)

Introduction

The European Union (EU) faces a profound challenge in the regulation and oversight of rapidly advancing technologies such as Virtual Reality (VR). As technological progress accelerates, the mechanisms that assess, accept, and regulate such innovations are being tested like never before. This article seeks to unravel the complexities of these mechanisms, exploring how the EU addresses ethical, social, and economic challenges arising from VR through public consultations, impact assessments, and legislative initiatives such as the “Better Regulation” agenda.

Drawing attention to key institutions such as the European Commission and advisory bodies like the European Group on Ethics in Science and New Technologies (EGE), we examine their roles in shaping the regulatory landscape. At the heart of this inquiry is the question: how can the EU balance the often competing demands of innovation, public safety, data protection, and ethical standards?

By delving into real-world applications and regulatory obstacles—such as the effects of VR on mental health, consumer protection, and data concerns—this article presents an in-depth analysis of the current regulatory framework. Ultimately, the aim is to advocate for more transparent, inclusive, and adaptive approaches to governance, which are vital for fostering innovation while safeguarding societal interests.

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A wall that fell, a world that collapsed: the transition to the unexpected (on the 35th anniversary of the fall of the Berlin Wall)

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Rubén Díez García (Professor in the Department of Applied Sociology at the Complutense University of Madrid)

The Berlin Wall, built in 1961, was more than just a physical barrier: it was a symbol that separated two worlds and competing political ideologies. This ideological division also fuelled conflict within liberal democracies themselves. On the eastern side, the communist bloc, under the tutelage of the Soviet Union, controlled the political, economic, and social life of its societies. On the western side, liberal democracies defended their ideal of individual freedom and human rights. And I emphasise “ideal,” because it is no secret that democratic liberalism in practice is not exempt from risks, threats, and tensions.

Beyond separating two blocs during the Cold War, the wall also divided two different ways of legitimising power. Without delving into the limitations and the shadows and monsters of reason illuminated by modernity and capitalist development, the Berlin Wall encapsulated an oppressive reality for millions in the communist bloc. Its very existence reflected authoritarian control that restricted access to information, freedom of speech, and even collective expression, a key element in our democracies. The wall symbolised the state’s force to suppress the desire for personal autonomy beyond the collective, as well as the right to free movement. Over time, its meaning expanded: it ceased to be just a tangible border and became a symbol of the authoritarian system governing the Eastern bloc.

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Democratic Integrity in the Era of Digital Disinformation

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

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

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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.

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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

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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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Editorial of February 2024

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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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