Google (again) and advertising on the web. Comment on the European Commission Decision of 20th March 2019

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 by Pedro Madeira Froufe, Editor

Much of the creation of wealth through the digital economy (individualized advertising, anticipation of reactions from consumers to new products, etc.) depends on the knowledge of our tastes and ways of life, knowledge of our profiles and even the knowledge of how our brain reacts to advertising messages (that’s what “neuromarketing” is about) [1]. And of course, the scale counts! There is a kind of return of “economies of scale” in the field of advertising services. That is, there is a large / global business communication that is simultaneously individualized, as, as a result of the knowledge and algorithmic use of personal data of each of us, can adapt and address each group (increasingly small) of consumers, with messages tendentially personalized.
Individualized advertising, enhanced by the use of algorithms, is one of the activities that has grown the most and has created the propulsion of wealth (directly and indirectly) in the digital era.

It is in this context that we should place the last “Google decision” of the European Commission, dated March 20, 2019, regarding the use of the Google / AdSense for Search platform to raise and broker advertising associated with online surveys. The Commission has, in effect, decided to impose a financial penalty on Google and Alphabet Inc. (the parent company of Google LLC, formerly Google Inc.) amounting to EUR 1,490,000 for abuse of a dominant position (infringement of Article 102 of the TFEU).
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Editorial of April 2019

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 by Sophie Perez Fernandes, Editor


First steps in a literacy campaign for a European political community – what is the EU based on the Rule of Law?

When one is asked to approach the legal dimension in a panel on the theme «European political community and cosmopolitan literacy»[i], one is confronted with the vastness and multiplicity of the subject, the critical nature of its importance and the overwhelming responsibility of the task… Underlying it are crucial questions about how to approach – in the sense of conceiving, accepting and, above all, living – the European Union as our collective destiny. And the challenge is also to discern the role of the Law in this endeavour aimed at building, revealing the meaning and living in a European political community.

That said, before embarking on an EU literacy campaign, a preliminary step would likely be to undertake what could be called a literacy campaign of the Law. And the reason is obvious: the European integration process is, above all, a process of integration through Law. From the very beginning, the European integration process has sought to «unite the peoples of Europe», to employ the terminology of the Treaties, not by the force of weapons, but by the force of norms – which, to a certain extent, consequently converts jurists into soldiers of the European integration process and of building a European political community – hence the overwhelming responsibility…
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The “VAR” annuls the goal of the European Commission to FC Barcelona and the Spanish teams win. Commentary on the Judgment of the General Court (Fourth Chamber) of 26 February 2019 Fútbol Club Barcelona v European Commission Case T-865/16

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by Javier Porras Belarra, Professor and researcher at the Faculty of Law, CEU San Pablo University (Madrid)

Today (almost) no one doubts that football not only is the star sport in Europe (without detracting from all the rest) but also has become an industry that generates millions of euros around sports clubs[i]. This circumstance increased throughout the 20th century but it became especially marked in the 90s and the beginning of the 21st century when the income of sports clubs in this field increased the most. There have been many actions that have contributed to this phenomenon (the professionalization of the major leagues, the updating and improvement of European competitions by UEFA[ii] or the consequences of the freedom of movement of workers athletes within the European Union with independence of his nationality thanks to the famous Bosman case[iii]).

In this sense, shortly after the accession of Spain to the then European Communities, a new sports law was passed in this country[iv]. Through this law the figure of the SAD (Sports Public Limited Companies) was created as a variant of the typical corporations of commercial law. Under the praiseworthy purpose of providing greater control and transparency to the structures of professional football, the Law established a kind of punishment or sanction for “indebted” clubs, forcing them to adopt the legal form of SAD, which theoretically guaranteed a better and clearer future performance while allowing the “healthy” entities to continue competing under the legal associative form of the sports clubs.
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The impact of Brexit on the Common Security and Defence Policy of the European Union

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by Ana Torres Rego, Master's degree in EU Law of UMinho

The winning of the campaign “Vote Leave”, in the referendum of 23 June 2016 held with the view to expiry the United Kingdom’s accession Treaty, turned out to be one of the biggest challenges facing the modern history of the European Union.

For its turn, if on the occasion when Article 50 of the Treaty on European Union was invoked in 2016 the earlier speeches of the Britain Prime Minister Theresa May can be summarised as “Brexit means Brexit” – as an answer against free movement of people; in the recent past, the increased awareness of the high cost for all parties involved of a hard Brexit has opened space for dialogue and negotiation.

The change of direction noted from October 2016 to March 2017 is very clear in the formal communication[i] notifying the United Kingdom’s intention to leave the European Union sent by Mrs. May to the European Council. That letter, where concerns related with the state of defence of the EU from security threats are strongly expressed, suggests first and foremost the British willingness to keep a special relation with the European Union in defence and security matters in order to ensure the status of security power for both among the potencies in the international order.
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Europe’s hopes and fears

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by Mariana Canotilho, Editor
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According to the latest Eurobarometer, published in December 2018, immigration is the EU citizens’ main concern at the moment. With terrorism quickly falling, citizens are increasingly worried about Member States’ public finances (again!), the economy, and climate change (which is reaching new highs in every barometer).

The common feature between all these concerns is the fear of losing one’s way of life. European democracies are supposed to be about just that – democracy – but also about social cohesion, a broad catalogue of fundamental rights (including social and economic rights), freedom and peace. A citizen of a EU Member State expects to ‘live a good life’; a safe and prosperous life, using his or her capabilities to the fullest. A life that is free from fear of poverty, of economic and social turmoil and of uncertainty.

The multiple and complex crises of the last decade have highlighted that such a life is no longer possible for many people, in the EU. In a way, all the crises have flown into the big sea of the Union’s fundamental problem, which seems to be a crisis of solidarity. Solidarity towards migrants, who flee from war and disaster, but also towards southern countries dealing with economic and social upheaval (due to decisions that were not only their fault) or eastern European countries facing a scary turn in the direction of ‘illiberal democracies’. The Union’s answers have been late and not nearly enough.
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Editorial of March 2019

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 by Allan F. Tatham, Professor at the Faculty of Law of University CEU San Pablo


Shindler’s Wish” Fulfilled and More? The Possibilities for Re-enfranchisement of UK nationals and EU citizens in a future People’s Vote on Brexit

Introduction

In the afternoon of 25 February 2019, with just over four weeks to go before the country’s expected withdrawal from the European Union, the UK Labour Party leader, Jeremy Corbyn, finally announced his party’s support for a second referendum on the issue.[1] Having already been passed as a resolution by the Labour Party conference in autumn 2018[2] and supported by the majority of party members,[3] it no doubt took the recent resignations of MPs from the party[4] finally to persuade the widely-regarded Eurosceptic Corbyn to swallow the bitter pill for a People’s Vote (PV) on the Brexit deal, “secured” by the cabinet of Prime Minister Theresa May.[5]

However, within the furore caused by his change of heart still hanging in the air, even if (and, at this stage, it is still a very big “if”) the UK Parliament were to vote in favour of a second popular vote, several points will need to be addressed anew.
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e-Justice paradigm under the new Council’s 2019-2023 Action Plan and Strategy – some notes on effective judicial protection and judicial integration

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by Joana Covelo de Abreu, Editor


Information and Communication technology (ICT) and digital tools are shaping the way new solutions are being implemented in EU Procedure and justice, in all European Union. In fact, through the Digital Single Market (DSM) political goal, new technological and digital approaches have been adopted and are now being widespread.

Under DSM’s strategy, e-Justice appeared as a paradigm to be settled using a method: the one of interoperability. But this method was also acknowledged by the 2016 e-Government Action Plan as a general principle of EU law: in fact, alongside elder ones such as transparency or efficiency others were settled, truly built on this new digital approach it is being aimed to be accomplished: the one of interoperability by default, the one of digital by default and the once-only principle. In fact, first approaches to stakeholders revealed the importance of the latter since, in an EU settled and developed around fundamental freedoms, economic agents were able to raise awareness among stakeholders of the need to overcome administrative barriers to similar proceedings in different Member States or before the European institutions. In fact, they were able to devise that they had to provide, for as many times as they initiated a proceeding, the same information and documents, when, in fact, the proceeding was similar, the petition was the same… That determined the emergence of the once-only principle, based on the need of reusing data across the EU. However, to do so stakeholders also understood those public services had to work through interconnected databases and operative systems – otherwise, the reuse of data would come difficult and the once-only principle would never get out of the table of intended measures. That was the perfect setting to bet on digital components, considering the first services to start this digitalisation update were public services.
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Trends shaping AI in business and main changes in the legal landscape

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by Ana Landeta, Director of the R+D+i Inst. at UDIMA
and Felipe Debasa, Director of the ONSSTKT21stC at URJC

Without a doubt and under the European Union policy context, “Artificial Intelligence (AI) has become an area of strategic importance and a key driver of economic development. It can bring solutions to many societal challenges from treating diseases to minimising the environmental impact of farming. However, socio-economic, legal and ethical impacts have to be carefully addressed”[i].

Accordingly, organizations are starting to make moves that act as building blocks for imminent change and transformation. With that in mind, Traci Gusher-Thomas[ii] has identified four trends that demonstrate how machine-learning is starting to bring real value to the workplace. It is stated that each of following four areas provides value to an organisation seeking to move forward with machine-learning and adds incremental value that can scale-up to be truly transformational.
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Internet, e-evidences and international cooperation: the challenge of different paradigms

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by Bruno Calabrich, Federal circuit prosecutor (Brazil)


There is a crisis in the world today concerning e-evidences. Law enforcement authorities deeply need to access and analyze various kinds of electronic data for efficient investigations and criminal prosecutions. They need it not specifically for investigating and prosecuting so-called internet crimes: virtually any crime today can be committed via the internet; and even those which aren’t executed using the web, possibly can be elucidated by information stored on one or another node of the internet. The problem is that enforcement authorities not always, nor easily, can access these data[i], as the servers where they are stored are frequently located in a different country. Thus, international cooperation is frequently a barrier to overcome so that the e-evidence can be obtained in a valid and useful way. And, today, the differences around the world in the legal structures available for this task may not be helping a lot.

The most commonly known instruments for obtaining electronic data stored abroad are the MLATs – Mutual Legal Assistance Treaties –, agreements firmed between two countries for cooperating in exchanging information and evidences (not restricted to internet evidences) that will be used by authorities in investigations and formal accusations. The cooperation occurs from authority to authority, according to a bureaucratic procedure specified in each treaty, one requesting (where it’s needed) and the other (where it’s located) providing the data. But, in a fast-changing world, where crime and information are moving even faster, the MLATs are not showing to be the fastest and efficient way.  In Brazil, for instance, the percentage of success in the cooperation with the United States through its MLAT roughly reaches 20% of the cases. Brazil, US and other countries do not seem to be satisfied with that.
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Editorial of February 2019

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 by Felipe Debasa, Phd Rey Juan Carlos University, Madrid


IV Industrial Revolution social challenges. The Law, from discipline to tool? Reflections about the European Union

After World War II comes to a change an historical era. It is about the Present World or Present Time as historians point out[i] , or Anthropocene as geologists name. An era with new challenges and also challenges built on the legacy of the millions of dead of the world wars, totalitarianism, and nationalism.

“It is not a time for words, but a bold and constructive act”. With this phrase, Robert Schuman initiated the press conference that May 9th, 1950, in which he presented the document that would give rise to the current European Union. We Europeans are about to celebrate the 70th anniversary of that date that has allowed us to enjoy many things in peace and freedom.

With the change of the millennium, comes another new period dubbed as a IV Industrial Revolution, Industry 4.0 or Era of Technology. “The traditional world is crumbling, while another is emerging; and while we are in the middle and some of us without knowing what to do”[ii].

In 2016, I directed a summer course at the Menéndez Pelayo International University of Santander[iii] on the Future of Employment that was inaugurated by the Minister of the sector in Spain, in which we began to alert of the social challenges and about the tremendous revolution that came over us. We analysed, among other things, the jobs of the future, the digital transformation of companies, the new forms of teleworking, the role of women in this revolution; and so, we are warning of neologism that was about to appear, probably by regulated sectors without competition. And yes, that moment seems to have arrived.
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