Tag: EU

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

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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 (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.

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

On 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)
 ▪

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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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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Editorial of January 2024

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By Alessandra Silveira (Editor)
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An omen for 2024: the deepening of the European Social Union (in memory of Jacques Delors)

According to the Eurobarometer published in December 2023[1] – six months before the 2024 European Elections –, more than one third of EU citizens see the fight against poverty and social exclusion (36%) and public health (34%) as the main topics the European Parliament (EP) should prioritise. Socio-economic hardships still affect Europeans’ everyday lives: 73% think that their standard of living will decrease over the next year, of which 47% say that they have already witnessed a reduction. Over a third of Europeans (37%) have difficulties paying bills sometimes or most of the time.

This diagnosis is not exactly new. During the sovereign debt crisis, the German sociologist Ulrich Beck suggested the following: if Europeans want to perceive the experience of integration as something that actually makes sense to them, the way forward is more social security through more Europe.[2] And why is that? Because the social dimension of European integration is at the heart of the legitimate concerns that have been expressed by European citizens.

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Editorial of December 2023

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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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Editorial of October 2023

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By the Editorial Team
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“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”.

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The internalisation of EU law by citizens and how it operates a threat to EU democratic values

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André Lima Machado (Master in European Union Law - UMINHO)
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1. Introductory remarks

Last May 10, the Head of State of the Portuguese Republic, Marcelo Rebelo de Sousa, addressed the European Parliament in Strasbourg on the occasion of the Europe Day celebrations.[1] President Marcelo – as he is affectionately called by the Portuguese – called for a stronger Europe, a Europe that leads and anticipates, rather than a Europe that follows events. He went on to explain that the Portuguese believe in the future of Europe: in a Europe that is not the Europe of Heads of State, Heads of Government, or party leaders, but rather a Europe of European women and men, because without both there is not and there never will be a strong Europe, within itself and in the world. This is the challenge – said President Marcelo – there is not much time left to anticipate it, and the millions of Europeans deserve it. 

Moreover, this is a recurring idea in President Marcelo’s speech: “Europe cannot waste time”. And why is that? Because the circumstances of integration have changed substantially. The Portuguese President began by recalling the last time he spoke to MEPs, seven years ago, at the start of his first mandate. It was another time, another world, another Europe. He listed the changes that had occurred since then, such as the pandemic, the UK’s decision to opt out, and the Russian invasion of Ukraine. “In another time, another world, another Europe”, people still believed in the international order, in the existing balance of power, in the advancement of human rights, in the victory of diplomacy over war. People believed in the reform of universal institutions (even if postponed) and in the European security inherited from the 20th century (even if weakened). They believed in the primacy of globalisation, multilateralism, and common causes.

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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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