Tag: EU

Editorial of February 2023

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By Miguel Pereira (Master’s student in European Union Law at the University of Minho)
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Truffle hunting: finding meaning in the European Declaration on Digital Rights and Principles for the Digital Decade

Truffles are small, hard to find and delicate fungi that tend to grow around tree roots. Hunting and extracting them requires expert knowledge passed down through generations, persistence, attention to details and, usually, the helpful nose of a well-trained dog. For a jurist, sifting through the ever-growing body of declarations, communications, positions, resolutions and decisions of the EU institutions often requires the same level of dedication and attention to detail, in an effort to find meaning and footholds in what at first sight can be chalked up to pure political jargon – in essence, an effort to find truffles.

In December 2022, the EU institutions issued two instruments that lay out their vision for a Digital Europe and the principles that should govern its development: the Digital Decade Policy Programme 2030 (“Digital Decade Programme”) and the European Declaration on Digital Rights and Principles for the Digital Decade (“Declaration on Digital Rights”). Both instruments have been in the works for a while and, even though falling short of expectations due to their limited legal relevance, they’re still noteworthy as a summary of the EU’s digital ambitions, priorities and concerns. They also embody a change of paradigm that legal scholarship has strived to identify and document over the past few years: a refocusing of digital policy around the protection of fundamental rights and the adoption of a digital constitutionalist stance in the development of said policy and legislation.

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Editorial of January 2023

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By Editorial Team
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Checks and balances in the EU’s current context – how to address new and old affections to its institutional functioning?

In the past weeks the European news have been marred by headlines exposing a corruption scandal concerning a supposed bribery of EU Officials. Among them, European Parliament Vice-President Eva Kaili was arrested in the context of a Belgium investigation, demanding a quick response from this EU institution. The President of the European Parliament, Roberta Metsola, addressed the issue, underlining that “open, free, democratic societies are under attack”, leading to Ms. Kaili suspension from her duties of Vice-President. And, in the follow-up, on December 15, a pack of reform measures was announced to be implemented in the year of 2023. It relates to the reinforcement of European Parliament protection systems of whistleblowers, the prohibition of non-official groups of friendship, the revision of the ways to scrutinize how MEPs follow their code of conduct and the exhaustive analysis how they interact with third countries.

In addition these announced concrete measures, a wider and deeper reflection is needed to understand which checks and balances act within the EU institutional core, namely: i) which principles guide the EU institutional system’s functioning and which is its legitimacy source?; ii) why it is mentioned an institutional balance and not a separation of powers; iii) in which way that sui generis institutional setting ensures a checks and balances system; and iv) in which extent the transparency principle can be compatible with EU’s decision-making process efficacy?

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EU Carbon Border Tax Mechanism: a potential Boon or Bane for India

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By Aaiysha Topiwala (third year undergraduate student at Gujarat National Law University - India)
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As the world grapples with the rising frequency of catastrophic climate effects, all the nations have realized the urgent need for global efforts to tackle the mammoth challenge of climate change. In this scenario, the European Union (EU) has emerged as an environmental leader at the global level. The environmental laws and policies adopted by the EU are considered one of the most ambitious policies in the world. The recent policy brought out by the EU last year is yet another proof of its determination to remain at the forefront of tackling climate change. The European Parliament, in July 2021, announced that it would levy a carbon border tax on all imported carbon products. After almost a year of the announcement of this policy and with less than half a year left for the transition period set to begin in 2023, it becomes essential to revisit this policy and determine its effect on India along with the possible solutions.

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Editorial of October 2022

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By Editorial Team
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Digital citizenship and technological sustainability (CitDig) –
Jean Monnet Centre of Excellence

As of October 1, 2022 the University of Minho (UMinho) is running a “Jean Monnet Centre of Excellence” coordinated by Alessandra Silveira (Editor of UNIO’s blog) entitled “Digital citizenship and technological sustainability: achieving CFREU effectiveness in the digital decade” (CitDig) under the Erasmus+ Programme. UMinho was deemed to be in a position to investigate pressing issues around the digital decade, advancing and developing synergies among various areas. What is the background and rationale of the CitDig Centre of Excellence?

Digitalization is understood as the way in which many domains of social life are restructured around digital communication and media infrastructures – or the way in which these media structure, shape and influence the contemporary world.[1] In the Communication “2030 Digital Compass: the European way for the Digital Decade” [COM(2021) 118 final], the European Commission (EC) notes that digital technologies and services must respect the values intrinsic to the “European way”. Furthermore, the human-centered, secure and open digital environment should enable people to enforce their fundamental rights.

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Summaries of judgments: RT France v Council (T-125/22)

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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)
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Judgment of the General Court (Grand Chamber), 27 July 2022

Case T-125/22[1] RT France v Council

Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Temporary prohibition of dissemination and suspension of authorisations for the dissemination of certain media content — Inclusion on the list of entities to which the restrictive measures apply — Competence of the Council — Rights of the defence — Right to be heard — Freedom of expression and information — Proportionality — Freedom to conduct a business — Principle of non-discrimination on grounds of nationality

1. Facts

Following the military attack perpetrated by Russia against Ukraine on 24 February 2022, the Council of the European Union adopted, on 1 March 2022, new restrictive measures against Russia, namely Decision 2022/351[2] and Regulation 2022/350[3].

The purpose of those acts is the temporary prohibition of actions for propaganda of that military assault by means of certain media under Russian control. Thus, any operator established in the European Union is prohibited from broadcasting content produced by legal persons, entities or bodies set out in the annexes to the abovementioned acts.

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Summaries of judgments: Ryanair DAC/Commission (T-388/20)

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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)
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Judgment of the General Court of 14 April 2021 (Tenth Chamber) Case T‑388/20 Ryanair DAC v Commission

State Aid – Aid granted by Finland to Finnair in the context of the COVID-19 pandemic – Decision not to raise any objections- Compatibility with Article 107(3)(b) TFEU – Measure intended to remedy a serious disturbance in the economy of a Member State – Equal treatment – Freedom of establishment – Freedom to provide services – Duty to state reasons

1. Facts

On 13 May 2020, Finland notified the Commission of an aid measure in the form of a State guarantee in favour of the Finnish airline, Finnair, aimed at helping the latter obtain a loan of €600 million from a pension fund to cover its working capital needs. The guarantee, which was supposed to cover 90% of that loan, was limited to a maximum duration of three years.

Referring to its communication on the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak, the Commission classified the guarantee granted to Finnair as State aid which is compatible with the internal market in accordance with Article 107(3)(b) TFEU. Under that provision, aid intended to remedy a serious disturbance in the economy of a Member State may, under certain circumstances, be considered to be compatible with the internal market.

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Editorial of May 2021

On By revistaunioIn Editorials4 Comments 
Alessandra Silveira, Joana Covelo de Abreu, Pedro Madeira Froufe (Editors) and Tiago Sérgio Cabral (Managing Editor)
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Conference on the future of Europe and the defence of European values

On March 10th, 2021, following a long negotiation, the Presidents of the European Parliament, the Council of the EU and the European Commission signed the “Joint Declaration” on the “Conference on the Future of Europe”, holding its joint presidency.[1] The Conference will be officially launched on May 9th, 2021 in an inaugural session in Strasburg and it will be extended until the Spring of 2022. It aims at creating a new public forum for an open, inclusive, transparent and structured debate with Europeans around the issues that matter to them and affect their everyday lives. A new Special Eurobarometer, published one day before the signing of the Joint Declaration, focuses on the Conference and measures attitudes towards it and some of the key themes to be covered.[2]

Three-quarters of Europeans consider that the Conference will have a positive impact on democracy within the EU: 76% agree that it represents significant progress for democracy within the EU, with a clear majority supporting this view in every EU Member State. The very vast majority of Europeans (92%) across all Member States demand that citizens’ voices are “taken more into account in decisions relating to the future of Europe”. While voting in EU elections is clearly regarded (by 55% of respondents) as the most effective way of ensuring voices are heard by decision-makers at EU level, there is very strong support for EU citizens having a greater say in decisions relating to the future of Europe. 45% of Europeans declare themselves “rather in favour of the EU but not in the way it has been realised so far”. Six in ten Europeans agree that the Coronavirus crisis had made them reflect on the future of the EU while 39% disagree with this.

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Summaries of judgments: Ryanair DAC/Commission (T-259/20)

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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)
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Judgment from General Court (Tenth Chamber, Extended Composition) of 17 February 2021, T – 259/20, Ryanair DAC/Commission

State aid – French air transport market – Deferral of payment of civil aviation tax and solidarity tax on airline tickets due on a monthly basis during the period from March to December 2020 in the context of the Covid-19 pandemic – Decision not to raise any objections – Aid intended to make good the damage caused by an exceptional occurrence – Free provision of services – Equal treatment – Criterion of holding a license issued by the French authorities – Proportionality – Article 107(2)(b) TFEU – Duty to state reasons

1. Facts

On 24 March 2020, French Republic notified the Commission of an aid scheme in the form of a deferral of the payment of civil aviation tax and solidarity tax on airline tickets due on a monthly basis during the period from March to December 2020, accordingly with Article 108(3) TFUE. This aid is designed to guarantee that the airlines holding an operating license issued in France are able to maintain sufficient liquidity until the restrictions, prohibitions on movement are lifted, and normal commercial activity is resumed. With this measure, the French Republic differs the referred tax payment until the 1 January 2021 and then spreads payments over a period of 24 months, until 31 December 2022.

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Options for keeping the Common Agricultural Policy within the Green Deal

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by Rafael Leite Pinto (Master in EU Law – University of Minho)
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1. Common Agricultural Policy (CAP) goals within the Green Deal

Presented in 2019, the Green Deal intends to pave the road for a sustainable European Union, cutting emissions by 40% until 2030 and achieving carbon-neutrality by 2050. At her first State of the Union speech, commissioner Ursula Von der Leyen updated the 2030 goal to 55%, following the Parliament’s goal of cutting emissions by 60%.  Within the Green Deal, the Commission revealed several strategic plans including the “Farm2Fork Strategy” and “Biodiversity Strategy”. These plans unveiled the most ambitious goals ever when it comes to reducing the environmental impacts of food production, such as a 50% reduction in pesticide use until 2030; 50% reduction in soil nutrient loss; 50% reduction of antibiotic use in animal farms; increase of the total share of organic farming land to 25%; establish 30% of land and sea as protected areas; plant 3 billion trees; halt and reverse the decline of pollinators; and invest 20 billion euros per year on biodiversity.

Despite the bold target setting, several issues related to the implementation of the necessary measures have been raised. Mainly the compatibility of the proposed Common Agricultural Policy post-2020 and the established goals. The first proposal by the Commission, published in 2018 showed some improvement in agri-environmental measures but was largely classified as insufficient[i],[ii] even for the less demanding goals at the time. In its “How the future CAP will contribute to the EU Green Deal” document, the Commission refrained from further developing the proposal, repeating the previously announced measures. That said, a later published Staff Working Document[iii] concluded that the proposed CAP could have a potential contributory effect to the Green Deal goals, as long as it was approved by the Parliament and the Council in the exact terms proposed, or more demanding ones. Problem is, historically, CAP proposals are diluted in the trilogue and this time was no different. At the end of 2020, a final agreement was reached, and the new CAP was voted in what has been classified by NGO’s as “a kiss of death” for nature in Europe[iv]. Both, the Parliament and the Council voted to soften the proposed agri-environmental measures leading to public outrage and campaigns such as “#votethisCAPdown” and “scrapthisCAP”. The World Wildlife Fund (WWF) accused the European Union’s institutions of ignoring the Green Deal and the evidence when it comes to agriculture’s environmental impacts[v]. For Greenpeace, the new CAP represents the death of small farmer’s and possibly the Green Deal[vi].

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Editorial of March 2021

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José Manuel Fernandes, Member of the European Parliament and of the MFF and own resources negotiating team
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The EU budget: a legal constellation for the recovery

I. Introduction

The approval of the Multiannual Financial Framework (MFF) is followed by an Interinstitutional Agreement (IIA) and a Decision on the EU system of Own Resources (ORD). Because of the pandemic, the Council, after Parliament’s insistence, and with strong support from Angela Merkel and Macron, put forward an historical and solidary decision: the use of a common guarantee based on the EU budget for the Commission to contract a debt of € 750 billion and establish the European Union Recovery Instrument through a Regulation[1] aiming to support the recovery in the aftermath of the COVID-19 crisis (NGEU). This decision was the only possible solution. Member States did not have the financial means to, for example, increase the EU budget. The decision increases the need for new own resources (sources of revenue). In fact, the NGEU has repercussions on the IIA, the ORD and the MFF 2021/2027 itself: these are all part of a negotiation “package”.

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