Legal Law

Does job position impact a reasonable notice period?

A Reasonable notice period is influenced by multiple factors, including the employee’s job position. Higher-level roles or specialized positions often require more time for transition due to the responsibilities involved and the difficulty of finding suitable replacements. Employers and employees must understand how these elements affect notice calculations. Law firms like HTW Law carefully evaluate […]

Legal Law

Are wrongful dismissal claims time-limited federally?

wrongful dismissal claims time-limited federally Employees who believe they have been wrongfully dismissed often wonder how long they have to take legal action. One common question is whether wrongful dismissal claims are time-limited federally. The answer is yes; these claims are subject to strict limitation periods that vary depending on whether the employee works in […]

Legal Law

(Legally) Fit for Purpose? · European Law Blog

The European Commission differentiates three pathways to achieve climate-resilient and sustainable carbon cycles: decarbonisation, carbon recycling, and carbon removal. Among this last domain, carbon farming (i.e. a set of measures and processes applied by farmers and foresters to enhance the storage of carbon on agricultural land, wetlands, forests or coastal environments) has been put to […]

Legal Law

The Illusion of Freedom · European Law Blog

Introduction: Towards a Return Regulation  On 11 March 2025, the European Commission published a proposal for a Return Regulation (PRR) intended to repeal the current Return Directive. This reform is the last missing piece of the renewed comprehensive approach to managing migration. The need to recast the Directive stems from the low return rate, around […]

Legal Law

How Greenpeace v Energy Transfer Could Curb the Threat of Abusive Litigation · European Law Blog

In recent years, the phenomenon of powerful corporations and governments starting lawsuits to target journalists and human rights defenders has captured much societal attention, and the term ‘Strategic Lawsuits against Public Participation’ (‘SLAPPs’) has become commonplace in legal and political discourse. The emerging consensus that SLAPPs are lamentable is fuelled further by the easily digestible […]

Legal Law

[CFP] European Defense & Security Law & Policy Quarterly (EDSeQ) · European Law Blog

Inaugural Issue Submission Deadline: 30 September 2025 We are pleased to announce the launch of the European Defence & Security Law & Policy Quarterly (EDSeQ), Lexxion’s newest publication dedicated to Europe and defence, security, and procurement law. We are particularly honoured to have Simone Gariglio of the European Defence Agency serving as the journal’s Managing […]

Legal Law

[Conference] Adapting Private International Law in an Era of Uncertainty · European Law Blog

As part of its 60 Years Series, the T.M.C. Asser Institute, The Hague, will host Adapting Private International Law in an Era of Uncertainty. This one-day event brings together scholars, practitioners, and early career researchers to explore how private international law is adapting to a world marked by rapid change, digital disruption, and increasing legal […]

Legal Law

Nuremberg Forum 2025 · European Law Blog

From 10 to 12 October, the International Nuremberg Principles Academy is organising the Nuremberg Forum 2025. The international, interdisciplinary conference will be held at Courtroom 600 of the Nuremberg Palace of Justice, the historic venue of the Nuremberg trials. The conference titled “Strengthening International Criminal Law: 80 Years since Nuremberg” will reflect on the historical […]

Legal Law

crossing the constitutional boundaries of Article 114 TFEU? · European Law Blog

Introduction On 30 April 2025, a rapporteur of the Committee on Legal Affairs (JURI) of the European Parliament published a Draft Report containing recommendations on the introduction of a new 28th regime: the ‘European Start-Up and Scale-Up’ company (ESSU). The Draft Report is a first step in the realisation of the Competitiveness Compass, which aims […]

Legal Law

A Safeguarded Green-Deal-Acquis? Environmental Non-Regression as a General Principle of EU Law · European Law Blog

 A large part of European conservatives seems poised to hollow out the project that was supposed to be the legacy of their very own Commission President Ursula von der Leyen. However, it will be posited here that their drive is at odds with the European constitutional framework, which should be read as containing a general […]

Legal Law

Who qualifies for common law reasonable notice period?

common law reasonable The common law reasonable notice period applies to employees who are terminated without cause and do not have an enforceable employment contract that limits their entitlement to the statutory minimum notice. Essentially, any non-unionized employee in Canada or other common law jurisdictions may qualify for this type of notice period, provided certain […]

Legal Law

[CFP for PhD candidates and postdoctoral researchers] Emerging voices in private international law · European Law Blog

The T.M.C. Asser Instituut is inviting submissions of abstracts for its panel titled “Emerging voices in private international law”, part of the Institute’s 60th anniversary conference themed “Adapting private international law in an era of uncertainty”. Doctoral candidates and postdoctoral researchers are encouraged to submit a 400-word abstract by 15 August 2025 for a chance […]

Legal Law

KlimaSeniorinnen requires the EU to set a 2040 target of at least 90 % reduction domestically · European Law Blog

Following some pushback, the European Commission postponed the release of the EU’s 2040 emission reduction target and appears to consider weakening the proposed 90% emission reduction as compared to 1990. However, weakening the EU’s ambition is not compatible with the European Convention on Human Rights (ECHR). This blogpost explains why the European Court of Human […]

Legal Law

some thoughts on the Simkova case · European Law Blog

Regulation 883/2004 on the harmonisation of social security systems in the EU was drafted, at least in part, to mitigate any potential negative consequences that the utilisation of free movement rights could have on access to social security. The Regulation serves to establish the competent Member State for the provision of social security benefits such […]

Legal Law

Germany’s Deportations of Dissent and the Limits of EU Law · European Law Blog

Introduction In April 2025, German authorities issued deportation orders to four foreign nationals residing in Berlin, including 3 EU citizens and one US citizen. The orders were reportedly based on their involvement in pro-Palestinian activism, e.g., participation in a protest held at Berlin’s Free University in October 2024 and alleged – yet unproven – support […]

Legal Law

Why the EU Is Not Leveraging its Market Power to Enforce Readmission Cooperation · European Law Blog

On 31 January 2023, the Council presidency initiated negotiations with the European Parliament on the revised Generalised Scheme of Preference (GSP). The GSP is a preferential tariff system that provides duty-free access to the European Union (EU) market for least developed countries and reduces customs duties on two-thirds of tariff lines for low- and lower-middle-income […]

Legal Law

Fast-Tracking Applications for EU Membership · European Law Blog

When applying for EU membership on behalf of his country in 2022, Ukraine’s President requested a “new special procedure” commonly referred to as fast-tracking. Considering the wartime circumstances, this request does not come as a surprise. Indeed, according to some research, joining the EU takes on average around nine years. Some of the current candidate […]

Legal Law

Can a company refuse severance pay?

company refuse severance pay When an employee is laid off or their employment is terminated, severance pay often becomes a key topic of discussion. Many workers wonder, can a company refuse Severance Pay? The answer to this question is not always straightforward and depends on a variety of factors such as the terms of the […]

Legal Law

Does the Court of Justice Practice What it Preaches? Upholding the Value of Rule of Law in the Interpretation of Article 263(4) TFEU

1.     Introduction The admissibility of actions for annulment lodged by the private applicants remains, to this day, one of the most problematic issues in EU law. According to Article 263(4) TFEU, any natural or legal person can seek the annulment of an EU act addressed to that person, or of a legislative act that is […]

Legal Law

Challenges to the Sector’s Take Off · European Law Blog

Hydrogen is rapidly emerging as a critical energy source in the fight against climate change, as it produces no greenhouse gas (GHG) emissions and generates minimal pollution when utilised. Moreover, hydrogen holds substantial potential for widespread application across diverse industries, especially in sectors that are challenging to decarbonise, such as transport and construction. However, not […]

Legal Law

A proposal to eliminate the risk of UK breach of the TCA · European Law Blog

Introduction The European Union and the United Kingdom are currently engaged in a ‘reset’ of relations. An international summit between the parties will take place in London on 19 May 2025.  The driving forces have been geopolitical, as Russian aggression in Ukraine has incentivised bilateral security cooperation. Reset, however, also has a significant legal dimension. […]

Legal Law

[CFP for Current PhD scholars and early career researchers] Reviving multilateralism

Workshop theme The rules-based international order appears to be crumbling, marked by fragmentation in both trade and defense. The US-China trade war and the imposition by the US administration of “reciprocal” tariffs on allies and adversaries alike have disrupted global trade. In defense, the US commitment to NATO has waned, prompting Europe to rearm, and […]

Legal Law

Quo Vadis? · European Law Blog

The Young Belgian Association for European Union Law (Young BEDER) invites early-career EU law scholars and practitioners to submit abstracts for a presentation at the upcoming workshop ‘A European Union of Values: Quo Vadis?’, which will take place on 27 November 2025 at Ghent University. The keynote speakers will be prof. dr. Geert de Baere […]

Legal Law

7th Conference on the Responsibility to Protect in Theory and Practice · European Law Blog

The Responsibility to Protect in Theory and Practice Series is a series of biennial international interdisciplinary conferences established by the Faculty of Law, University of Ljubljana, Slovenia. The series is devoted exclusively to the principle of the Responsibility to Protect (R2P/RtoP), with the objective to create an opportunity for scholars and practitioners to engage in […]

Legal Law

EUROPEAN YEARBOOK OF CONSTITUTIONAL LAW (EYCL), VOLUME 8 (2026) : SOCIAL RIGHTS AND CONSTITUTIONAL JUSTICE · European Law Blog

The European Yearbook of Constitutional Law is pleased to announce a call for submissions for its eighth volume (2026) on the theme of Social Rights and Constitutional Justice. Social rights – such as the rights to housing, healthcare, education, and social security – are gaining increased prominence in constitutional discourse, particularly in the light of […]

Legal Law

20th IFIP Summer School on Privacy and Identity Management Call for Papers, Workshops, and Tutorials · European Law Blog

The 20th IFIP Summer School on Privacy and Identity Management will take place in Copenhagen, Denmark, organized by DTU. It aims to create a platform for spreading awareness and facilitating interactions and knowledge exchanges around old and new issues by taking a holistic approach to society and technology. We support interdisciplinary research exchange and foster […]

Legal Law

AI’s Arrival in Dutch Courts · European Law Blog

Artificial intelligence tools are making waves across the legal sector. ChatGPT in particular is all the hype, with debates still ongoing about its potential role in courtrooms: from assisting judges in drafting opinions, to lawyers relying on AI-generated arguments, and even parties submitting ChatGPT-produced evidence. As a report on Verfassungsblog suggests, the “robot judge” is […]

Legal Law

Can a contingency lawyer help with harassment claims?

contingency lawyer help with harassment claims When dealing with workplace harassment, many individuals may wonder if a contingency lawyer can help with their claims. A contingency lawyer works on a no-win, no-fee basis, meaning they are only compensated if you win or settle your case. This arrangement makes legal representation more accessible, especially for individuals […]

Legal Law

The Court of Justice of the European Union confirms the existence of the right to explanation of automated decision-making. · European Law Blog

In C-203/22, Dun & Bradstreet Austria, the Court of Justice of the European Union delivered an important decision on algorithmic transparency.   1.     The facts of the case CK (hereinafter also referred to as the “data subject”) requested a contract extension from its telephone provider. The telecom company contacted Dun & Bradstreet (also “D&B”), a […]

Legal Law

Trans* Rights Beyond Medicalisation? The CJEU in Case Deldits (C-247/23) · European Law Blog

Introduction On 13 March 2025, the First Chamber of the EU Court of Justice (CJEU) delivered its judgement in Deldits (C-247/23). The dispute concerned the refusal of Hungarian authorities to update the gender marker (from F-emale to M-ale) of a transgender refugee based on the finding that the applicant had not undergone gender reassignment surgery. […]

Legal Law

Addressing Slow Harm in the Age of Ultra-Processed Foods · European Law Blog

The EU has long championed food safety as a pillar of consumer protection. From its origins in market harmonisation to the post-BSE shift toward consumer safety, the EU’s food law regime has matured into a globally influential framework. Yet, as dietary landscapes transform, particularly with the dominance of ultra-processed foods (UPFs), it is increasingly clear […]

Legal Law

The case against enforcing the Article 2 TEU values independently · European Law Blog

On 19 December 2022, the European Commission launched infringement proceedings against Hungary (Case C‑769/22), alleging, among other things, a direct violation of Article 2 TEU. This sparked debate over whether the ECJ might develop its case law to allow Article 2 TEU to serve as an independent legal basis, even without a connection to specific […]

Legal Law

[23 to 25 June 2025] CLEER Summer School 2025 · European Law Blog

CLEER and the T.M.C. Asser Institute present their 10th Summer School in EU External Relations Law, from 23 to 25 June 2025 at the campus of VUB University in Brussels, Belgium. The programme will comprise interactive lectures delivered by renowned academic experts and discussion led by experienced practitioners. All lectures will be held in English. We ask for an […]

Legal Law

Strategic Autonomy and the Geopolitics of Trade and Industry · European Law Blog

The EU finds itself in a dangerous and unpredictable world. For several years now, the EU has faced several external challenges, including the war in Ukraine that started in 2014 and turned into a full-scale invasion in 2022. This, coupled with other major international crises, further intensified the discussion about the dismantling of the rules-based […]

Legal Law

[Call for abstract] European Privacy Law Scholars Conference (PLSC Europe 2025) · European Law Blog

Join the PLSC Europe 2025 conference at Leiden University, focused on privacy and data governance research. Submit your abstract by May 12! We are thrilled to announce the Call for Abstracts for the European Privacy Law Scholars Conference (PLSC Europe 2025), which will take place at Leiden University (Leiden Law School) in the Netherlands on 23rd […]

Legal Law

regulatory transformation or deregulation? · European Law Blog

The Draghi report is explicit in identifying regulation as an obstacle to European Union’s innovation potential, highlighting the poor commercialisation of innovation and the barriers preventing innovative companies from scaling up in the EU due to ‘inconsistent and restrictive regulations’. The report’s passages relative to ‘regulatory burden’ – highlighting it as a key factor hinderingcompetitiveness, […]

Legal Law

Reconciling the Energy Trilemma? · European Law Blog

The Ensemble of the Energy Trilemma – or: Europe’s Energy Vulnerability Exposed Ever since European integration began, energy and natural resource governance have been central to policy and legislation. Starting with securing supply, legislation expanded to market regulation and emission reduction throughout the supply chain. The climate crisis and geopolitical conflicts created tensions between these […]

Legal Law

Fluffy on the Facts and the Future – A Reflection on Competitiveness, Competition and Sustainability in the Letta and Draghi Reports and the EU’s responses

Introduction The last year has seen the publication of the Letta and Draghi Reports and a flurry of EU Deals all concerning the EU’s competitiveness. The recurring theme is the imminent demise of Europe. This pessimism is fed by industrial decline, the election of Donald Trump and the impact of that on the liberal world […]

Legal Law

Ten Key Elements EU Data Centre Sustainability Policy Should Take Onboard · European Law Blog

By Jessica Commins and Kristina Irion Introduction When we hear digital technologies described as ‘virtual’ or ‘cloud’, it conjures up a feeling of immateriality or weightlessness. Yet this belies the very tangible impact of digital infrastructures on our environment. Data centres, in practice rather faceless warehouses, are the backbone of the digital transformation and have […]

Legal Law

Susceptible to Abuse? · European Law Blog

With the development into ‘a mainstream theory’, constitutional pluralism constitutes a way of accommodating the divergent claims to the legitimate authority of the European Union (‘EU’) and the Member States. In the view of some, the theory is not only applicable in times of constitutional crisis but also acts as ‘an antipode to authoritarianism’. Nonetheless, […]

Legal Law

Adjudicating a discriminatory algorithm · European Law Blog

Case note Stichting Clara Wichmann v. Meta Platforms Ireland Ltd. This blog was originally published in Dutch at Nederland Rechtsstaat.   The 18th of February the Dutch College for Human Rights (further: College) rendered an important decision regarding the status of fundamental rights and platform regulation. The College is specialized in fundamental right cases. The […]

Legal Law

shifting institutional dynamics in EU external relations · European Law Blog

The EU’s institutional landscape is based on Article 13 TEU and the institutional balance between the EU’s actors is determined by the specific powers and tasks assigned to them. The EU’s prime institutional set-up consisting of the European Parliament, European Council, Council and European Commission is also reflected in EU external action. At the same […]

Legal Law

The Proposal to Reform Comitology is Dead. Long Live Comitology! · European Law Blog

Introduction On 11 February 2025, the Commission announced the withdrawal of the 2017 Proposal to reform the Comitology Regulation. The reasons for the withdrawal are rather succinct: ‘[n]o foreseeable agreement – the Proposal is blocked and further progress is unlikely’. Branded by the Commission as a ‘new push for European democracy’, the proposal had arguably […]

Legal Law

does the climate crisis now “override” the biodiversity crisis? · European Law Blog

Climate and environmental goals, while intrinsically linked, are sometimes at odds. Today, efforts to reduce greenhouse gas emissions (GHG) are insufficient, worse they are failing as GHG emissions continue to increase and set a new record of 57.1 GtCO2e in 2023. Bridging the gap between current global emissions and climate ambitions requires an urgent acceleration […]

Legal Law

The Other Side of Article 4(2) TEU? · European Law Blog

In recent years, a worrying trend has been observed in member States’ migration policy: the latter are increasingly invoking national security arguments to justify restrictive measures and refoulement in the area of migration, as the examples of Greece, Poland, and Hungary demonstrate. This development raises serious questions about the safeguarding of the principle of non-refoulement, […]

Legal Law

‘The Road to Hell is Paved with Good Intentions’

On February 13, AG Ćapeta delivered her Opinion on case C-417/23, Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge. The case concerns the Danish laws on ‘ghettos’—areas where certain socio-economic indicators point to social problems and where, crucially, at least a 50% of the residents are classified as ‘non-Westerners’ or ‘descendants of non-Westerners’. The case, now pending final […]

Legal Law

What is the 28th legal regime? Where have I seen it before? · European Law Blog

In a single paragraph, at page four of the recent ‘Competitiveness Compass’, the European Commission briefly presents the ‘28th legal regime’. The latter is an additional, optional legal framework that is meant to provide ‘a single, harmonised set of EU-wide rules’, ‘including any relevant aspects of corporate law, insolvency, labour and tax law’. This legal […]

Legal Law

can they really co-exist? · European Law Blog

I.           HALLUCINATING TRUTHS Think of Open AI’s ChatGPT inferring an individual’s birth-date or bibliography incorrectly, Google’s Bard erroneously reporting a member of the Dutch Christian-Democratic party as running to be leader of another political party or more recent concerns voiced about the factual accuracy of DeepSeek’s answers. These are all instances of a widely reported […]

Legal Law

The Struggle to Balance Procedural Clarity and Fundamental Right’s Protection in the Most Recent Case-Law of the European Court of Justice · European Law Blog

The Bouskoura case (C-387/24 PPU), lodged on 4 June 2024 and ultimately addressed by the ECJ on 4 October 2024, brings about significant insights at a point of critical juncture between immigrants’ fundamental rights and procedural matters as regarding asylum seeking and return decisions. The dispute in question involves a third-country national (‘TCN’) who appealed […]

Legal Law

Turkey as a ‘safe third country’? The Court of Justice’s judgment in C-134/23 Elliniko Symvoulio · European Law Blog

On 4 October 2024, the Court of Justice delivered its judgment in Case C-134/23 Elliniko Symvoulio, concerning the Greek designation of Turkey as a ‘safe third country’ for the purposes of international protection. The case shows that the EU’s inadequate response to the so-called ‘refugee crisis’ continues to echo in legal challenges across its courts. […]

Legal Law

SCEUS Young Scholars Workshop on EU Studies: “The State of the EU 15 years after the Lisbon Treaty” · European Law Blog

The Salzburg Center of European Union Studies (SCEUS) will host a two-day workshop on May 15-16, 2025, offering PhD candidates and postdoctoral researchers in law, economics, and political science an opportunity to present papers related to European Union Studies. The workshop will focus on “The State of the EU 15 years after the Lisbon Treaty.” […]

Legal Law

EDPB Opinion 28/2024 on personal data processing in the context of AI models A Step Toward Long-Awaited Guidelines on Anonymisation?

The European Data Protection Board (EDPB) adopted Opinion 28/2024 on 17 December  2024 on the basis of Article 64(2) of the General Data Protection Regulation (GDPR). This opinion addresses data protection concerns related to AI models. Requested by the Irish Data Protection Commission (DPC) in September 2024, the opinion offers non-exhaustive guidance on interpreting GDPR […]

Legal Law

Summary and Analysis · European Law Blog

On 3 December 2024 , the European Data Protection Board (EDPB) released draft Guidelines 02/2024 on Article 48 GDPR clarifying the rules for data sharing with third country authorities. The Guidelines are another essential clarification to the GDPR’s requirements for data transfers. Consultation on the draft guidelines is open until 27 January 2025, after which […]

Legal Law

Opening Fresh Perspectives on AI Training and TDM Exceptions · European Law Blog

Introduction The ruling in Kneschke vs. LAION by the German Hamburg Regional Court (Court) represents the first landmark case clarifying the application of the CDSM Directive’s text and data mining (TDM) exceptions to AI training. Kneschke, a photographer, sued LAION for using one of his original and creative works to build AI training datasets without […]

Legal Law

The autonomy of EU law under pressure? The changing landscape of the interactions between EU law and international law · European Law Blog

The European Union (EU) – and its legal order – occupies a unique position in international law. In this context, the ‘autonomy of EU law’, since its judge-made creation in the 1960s, continues to fascinate international and EU law scholars alike – despite or perhaps even because of its notorious elusiveness and ‘shapeshifting’ character. The […]

Legal Law

Events of the City Law School’s Institute for the Study of European Law (ISEL)

Monday, 14th October 2024, 11:00-12:00 (BST): Front Polisario II Workshop Organisers: Dr Jed Odermatt, City St George’s, University of London & Prof Ramses Wessel, University of Groningen Monday, 4th November, 14:00-19:00 (GMT): UKAEL Young Researchers Workshop Speakers: Vanessa Topp. University of Essex, Marie Terlinden, KU Leuven, Eden Howard, University of Cambridge, Julien Mieral, University of […]

Legal Law

A comment on the AG’s Opinion in C 19/23 Denmark v Parliament and Council · European Law Blog

Rekindling the ultra-vires debate? Most lawyers in the field of European Union law seem to have reached an (unspoken) consensus that breaches of the principle of conferral of powers (Art. 5(2) TEU) either do not occur or can not be successfully challenged before the ECJ anyway. Contrary to this, Advocate General (AG) Emiliou’s Opinion from […]

Legal Law

A Step in the Right Direction? · European Law Blog

The European Data Protection Board Guidelines on pseudonymisation were adopted on January 16, 2025, and are open for consultation until February 28, 2025. The EDPB has been working on this piece of guidance for several years. Initially, they were intended to be part of a broader set of guidelines dedicated to both anonymisation and pseudonymisation, […]

Legal Law

Balancing Efficiency with Fundamental Rights Protection by Administrative Authorities · European Law Blog

Introduction On the 29th of January this year, the General Court dismissed the Irish Data Protection Commission’s (DPC) action seeking to annul parts of three decisions issued by the European Data Protection Board (EDPB) (Joined Cases T-70/23, T-84/23, and T-111/23). In these decisions, the EDPB directed the DPC to expand its investigation into the data […]

Legal Law

Who can guard the guardian? · European Law Blog

Transparency is an explicit normative choice made in the Lisbon Treaty and the Charter of Fundamental Rights. They place an obligation on the EU Institutions to ‘conduct their work as openly as possible’, take ‘decisions as openly as possible’ and ‘ensure publication of the documents relating to the legislative procedures’ with a view of guaranteeing […]

Legal Law

MULTISTATE TORTS · European Law Blog

EAPIL Winter School in European Private International Law: MULTISTATE TORTS University of Insubria, Department of Law, Economics and Cultures 10th- 15th February 2025 THE WINTER COURSE Coordinator: Silvia Marino Scientific Committee: Silvia Marino, University of Insubria; Javier Carrascosa González, University of Murcia; Anna Wysocka-Bar, Jagiellonian University in Kraków. Advisory Board: Marta Requejo Isidro, University of […]

Legal Law

ICON S Benelux: Public Law in an Age of Contestation and Systemic Change · European Law Blog

The ICON-S Benelux Chapter is organising its second conference on 22 and 23 May 2025. The conference will take place at the Université libre de Bruxelles – Faculty of Law and Criminology, with a programme of panels and in-person keynote sessions. This event is an opportunity for the public and European law community across the Netherlands, […]

Legal Law

Philosophical, Legal, and Policy Dimensions” · European Law Blog

Call for Abstracts Workshop: Exploring the Autonomy of Cities: Philosophical, Legal, and Policy Dimensions Organized by: Nathanaël Colin-Jaeger (AUP), Nefeli Lefkopoulou (Sciences Po Paris), Marc Goetzmann (Université de Tours).  Cities have long served as centers of economic activity, cultural innovation, and political experimentation. Yet, their role and status within larger political systems remain a subject of ongoing debate. In recent years, calls […]

Legal Law

How a Severance Pay Calculator Helps Employees Compare Offers From Different Employers

Severance Pay Calculator Helps Employees Compare Offers From Different Employers A severance pay calculator helps employees assess whether the terms of their severance package are fair. These calculations factor in various details like length of employment, position level and salary, and reason for termination. It also takes into account prevailing industry standards, company policy and […]

Legal Law

Can disability discrimination occur in online platforms?

disability discrimination occur in online platforms While there has been some progress in disability discrimination, the law is still inconsistently enforced, conceptions of it are skewed and technological advancements have led to new forms of discrimination. This means it is important to understand all of the different types of discrimination in order to fully protect […]

Legal Law

Politicians vs. Technocrats? · European Law Blog

The coming of spring promises many changes, including a newly elected European Parliament and a new college of Commissioners leading the European Commission. The re-opening of the Spitzenkandidaten system has also stirred the debate on the democratic legitimacy of the EU institutions. Focusing on the European Commission, one question that needs answering is about its […]

Legal Law

Is this fair? The ECJ rules on prohibition of assignment and ex officio control of unfairness (C-173/23 Air Europa Líneas Aéreas)

1. Introduction Air carriers often use clauses which prohibit the assignment of passenger claims. Such clauses have a generic scope but were mainly introduced to deter the assignment of claims under Regulation 261/2004 on air passenger rights (Air Passenger Rights Regulation – APRR) to commercial companies. The fairness of such clauses under the Directive 93/13/EEC […]

Legal Law

Access to Documents Relating to the Environment – Even in Light of Dooming Controversy? · European Law Blog

Transparency and environmental policy are two key issues in the upcoming European Parliament elections. In this regard, the General Court’s (‘the Court’) ruling on 13 March 2024 in the case of ClientEarth and Leino-Sandberg v Council provides some highly relevant insights. The Court annulled two Council decisions refusing to disclose the Council Legal Service’s opinion […]

Legal Law

Treaty Reform in the Scales of History · European Law Blog

The European Parliament’s recent proposal to remove the unanimity requirement from Article 19 TFEU (non-discrimination legislation) echoes a centuries-old US debate on voting and minority rights. James Madison, the ‘father’ of the US Constitution defended majority voting as a necessary condition for impartial law-making and minority protection in multi-state unions. Conversely, John C. Calhoun, the […]

Legal Law

Does the EU’s MiFIR Review make single-name credit default swaps transparent enough? · European Law Blog

Regulation 2024/791 (“MiFIR Review”) was published in the Official Journal of the European Union on 8 March 2024. This newly adopted legislation requires single-name credit default swaps (CDSs) to be made subject to transparency rules, only however if they reference global systemically important banks (G-SIBS) or those referencing an index comprised of such banks. In […]

Legal Law

The Aarhus Convention’s Relevance for Climate Litigation Through the Lens of KlimaSeniorinnen · European Law Blog

Against the background of the widespread failure of states to address the climate crisis, litigation is increasingly seen as a key tool for shaking public authorities into action (e.g., Eckes 2021; KlimaSeniorinnen, paras 412, 420-422). Showing that they have standing, however, is one of the most difficult hurdles for litigants to overcome when turning to […]

Legal Law

How Many Steps Forward? · European Law Blog

The history of EU institutions is marked by a long list of statements and political initiatives that endorse the legal claims of the LGBTIQA+ community (see, for instance, Kollman and Bell). Over the past decades, these have gradually been mainstreamed within different areas of EU law. Particularly, the current EU legislative term (2019-2024) has witnessed […]

Legal Law

The Complex Landscape of Asylum Border Procedures in the new Asylum Procedures Regulation · European Law Blog

At the heart of the negotiations for the New Pact on Migration and Asylum lies one of its most contentious elements: the regulation of border procedures. During the Council negotiations, the Asylum Procedures Regulation (APR) underwent significant modifications, particularly in the provisions that regulate border procedures, to incorporate perspectives from all Member States. Despite expectations […]

Legal Law

ERDAL: “Towards ‘oversight by design’? Legal foundations for effective oversight in automated public administration” · European Law Blog

The scientific open access journal “ERDAL”, European Review of Digital Administration & Law, is pleased to announce its upcoming special issue on the topic of oversight of automated public administration. Topic areas for contributions could include: Human oversight requirements and challenges in relation to fully or semi-automated decision-making procedures in public administration. The relationship between […]

Legal Law

Regulating the Virtual World as a new State · European Law Blog

The European Commission has recently published an initiative that aims to regulate virtual worlds and Web 4.0 which is structured around the objectives of the Digital Decade policy programme. Virtual reality (VR) is a relatively old concept that was introduced primarily through gaming environments but given a new meaning through the introduction of the “Metaverse”. […]

Legal Law

Examining Public and Private Control of Media Organs in Hungary and Italy · European Law Blog

The state of media pluralism around the world stands at one of its most transformative points in modern history. The development of new technologies and the impact of social media platforms have radically reshaped society. Governments around the world have responded in kind. According to Freedom House, governments have shifted from open, laissez-faire internet exchange […]

Legal Law

Vienna calling (Luxembourg) – About the admissibility of an Action for Annulment of the Nature Restoration Law · European Law Blog

This blogpost is dedicated to legal questions arising from the ongoing ‘coalition crisis’ in Austria, following Environment Minister Leonore Gewessler’s decision to vote in favour of the Regulation on Nature Restoration despite the opposing will of Austria’s Chancellor Karl Nehammer and 7 out of 9 Regional Governments(Bundesländer). While Nehammer is of the opinion that this […]

Legal Law

The AI Act and a (sorely missing!) right to AI individualization; Why are we building Skynet? · European Law Blog

The industry has tricked us; Scientists and regulators have failed us. AI is developing not individually (as humans become individuals) but collectively. A huge collective hive to collect, store and process all of humanity’s information; a single entity (or a few, interoperability as an open issue today as their operation itself) to process all our […]

Legal Law

Cultivated Foie Gras flies into Europe – prepare for legal disruption · European Law Blog

Introduction The opening of the Paris Olympics on 26 July 2024 coincided with a potentially significant development in one of France’s most renowned gastronomic traditions. The French cultivated meat startup, Gourmey, applied for a novel food authorization for its cultivated foie gras in the EU, as well as in Singapore, Switzerland, the United Kingdom, and […]

Legal Law

ILPC Annual Conference: AI and Power: Regulating Risk and Rights (21-22 November 2024) · European Law Blog

We are looking for high-quality contributions exploring how best to regulate and govern the use of AI, that are used across society, particularly their implications for human rights and the responsibilities of organisations. Including generative AI and other automated decision-making and data-driven systems. Papers should address the development and future of regulation, policymaking, and governance […]

Legal Law

C-112/22 and C-223/22 CU and ND on Indirect Discrimination of Long-Term Residents · European Law Blog

1.        Introduction In a recent Grand Chamber judgment, handed down on 29 July 2024, the ECJ made an important clarification of the right to equal treatment of third-country national long-term residents in the Member States. Long-term resident third-country nationals, who are generally excluded from the right to non-discrimination on the basis of nationality under Article […]

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CFP – 3rd Utrecht EU Trade and Investment Law Workshop: ‘Questioning Economic Security’  

Event announcement The Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE)’s building block on EU values in International Trade is organizing the third edition of its annual informal workshop on EU trade and investment policy, to take place on Friday, 6 December 2024. Building on earlier editions on the trade-security nexus (2022) and the […]

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How to Challenge Insufficient EU Climate Action Before the European Court of Justice? Joint Creative Thinking on Overcoming the Well-known Obstacles

13 December 2024 Amsterdam (the Netherlands) Roeterseilandcampus – building A This workshop brings together academics and practitioners to identify and creatively think about legal opportunity structures in EU law to challenge insufficient EU climate action before the EU courts. We take the well-known obstacles (standing and other access to justice problems) as a starting point […]

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The AI Act and a (sorely missing!) right to AI individualization; Why are we building Skynet? – European Law Blog

16 July 2024/ By Vagelis Papakonstantinou Blogpost 37/2024 The industry has tricked us; Scientists and regulators have failed us. AI is developing not individually (as humans become individuals) but collectively. A huge collective hive to collect, store and process all of humanity’s information; a single entity (or a few, interoperability as an open issue today […]

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Vienna calling (Luxembourg) – About the admissibility of an Action for Annulment of the Nature Restoration Law – European Law Blog

15 July 2024/ By Sophie Dukarm Blogpost 36/2024 This blogpost is dedicated to legal questions arising from the ongoing ‘coalition crisis’ in Austria, following Environment Minister Leonore Gewessler’s decision to vote in favour of the Regulation on Nature Restoration despite the opposing will of Austria’s Chancellor Karl Nehammer and 7 out of 9 Regional Governments(Bundesländer). […]

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meaningful ban or paper tiger? – European Law Blog

5 July 2024/ By Jessie Levano Blogpost 34/2024 After years of anticipation, the final text of the Artificial Intelligence Act (‘the Act’) was approved by the Council on May 21st of this year. The landmark regulation, first of its kind, positions the EU at the forefront of the global effort to establish a comprehensive legal […]

Legal Law

Examining Public and Private Control of Media Organs in Hungary and Italy – European Law Blog

1 July 2024/ By Henry Barrett Blogpost 33/2024 The state of media pluralism around the world stands at one of its most transformative points in modern history. The development of new technologies and the impact of social media platforms have radically reshaped society. Governments around the world have responded in kind. According to Freedom House, […]

Legal Law

The Complex Landscape of Asylum Border Procedures in the new Asylum Procedures Regulation – European Law Blog

25 June 2024/ By Vasiliki Apatzidou Blogpost 31/2024 At the heart of the negotiations for the New Pact on Migration and Asylum lies one of its most contentious elements: the regulation of border procedures. During the Council negotiations, the Asylum Procedures Regulation (APR) underwent significant modifications, particularly in the provisions that regulate border procedures, to […]

Legal Law

How Many Steps Forward? – European Law Blog

5 June 2024/ By Alessandro Marcia Blogpost 30/2024 The history of EU institutions is marked by a long list of statements and political initiatives that endorse the legal claims of the LGBTIQA+ community (see, for instance, Kollman and Bell). Over the past decades, these have gradually been mainstreamed within different areas of EU law. Particularly, […]

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Does the EU’s MiFIR Review make single-name credit default swaps transparent enough? – European Law Blog

30 May 2024/ By Randy Priem Blogpost 29/2024 Regulation 2024/791 (“MiFIR Review”) was published in the Official Journal of the European Union on 8 March 2024. This newly adopted legislation requires single-name credit default swaps (CDSs) to be made subject to transparency rules, only however if they reference global systemically important banks (G-SIBS) or those […]

Legal Law

Treaty Reform in the Scales of History – European Law Blog

24 May 2024/ By Mohamed Moussa Blogpost 28/2024 The European Parliament’s recent proposal to remove the unanimity requirement from Article 19 TFEU (non-discrimination legislation) echoes a centuries-old US debate on voting and minority rights. James Madison, the ‘father’ of the US Constitution defended majority voting as a necessary condition for impartial law-making and minority protection […]

Legal Law

Access to Documents Relating to the Environment – Even in Light of Dooming Controversy? – European Law Blog

21 May 2024/ By Jesse Peters and Tessa Trapp Blogpost 27/2024 Transparency and environmental policy are two key issues in the upcoming European Parliament elections. In this regard, the General Court’s (‘the Court’) ruling on 13 March 2024 in the case of ClientEarth and Leino-Sandberg v Council provides some highly relevant insights. The Court annulled […]

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Is this fair? The ECJ rules on prohibition of assignment and ex officio control of unfairness (C-173/23 Air Europa Líneas Aéreas) – European Law Blog

17 May 2024/ By Michael Chatzipanagiotis Blogpost 26/2024 1. Introduction Air carriers often use clauses which prohibit the assignment of passenger claims. Such clauses have a generic scope but were mainly introduced to deter the assignment of claims under Regulation 261/2004 on air passenger rights (Air Passenger Rights Regulation – APRR) to commercial companies. The […]

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Politicians vs. Technocrats? – European Law Blog

7 May 2024/ By David Nagode Blogpost 24/2024 The coming of spring promises many changes, including a newly elected European Parliament and a new college of Commissioners leading the European Commission. The re-opening of the Spitzenkandidaten system has also stirred the debate on the democratic legitimacy of the EU institutions. Focusing on the European Commission, […]

Legal Law

The role of international law in setting legal limits on supporting Israel in its war on Gaza – European Law Blog

4 April 2024/ By Jesse Peters Blogpost 23/2024 For six months, Israel has been waging a brutal offensive on Gaza, killing over 30.000 Palestinians, destroying more than 60% of the homes in Gaza, and making Gazans account for 80% of those facing famine or catastrophic hunger worldwide. High Representative Borrell described the situation as an […]

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The Bundesverfassungsgericht’s Decision on Electoral Thresholds – European Law Blog

26 March 2024/ By Fiene Kohn Blogpost 21/2024 In February, the German Federal Constitutional Court (Bundesverfassungsgericht) rejected a motion regarding electoral thresholds in EU electoral law, finally allowing for the necessary national approval of Council Decision 2018/994. This Decision intends to amend the European Electoral act and, according to Article 223 (1) TFEU, must be […]

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Case C-479/22 P, Case C-604/22 and the limitation of the relative approach of the definition of ‘personal data’ by the ECJ. – European Law Blog

25 March 2024/ By Alexandre Lodie Blogpost 20/2024 On 7 March 2024, the ECJ released two very important decisions on the extent of the definition of ‘personal data’ under EU data protection law in cases C-479/22 P and C-604/22. The latter case involves a Belgian non-profit organisation called IAB Europe which designed a tool, a […]

Legal Law

The Corporate Sustainability Due Diligence Directive would ensure a level playing field and enhance necessary corporate sustainability – European Law Blog

12 March 2024/ By Joris Janssen Blogpost 19/2024 The Corporate Sustainability Due Diligence Directive at risk In December 2023, following a lengthy Trilogue, a political agreement was reached regarding the Corporate Sustainability Due Diligence Directive (CSDDD); the first EU economy-wide mandatory due diligence legislative measure. The Directive aims to promote sustainable corporate conduct across global […]

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What Are Some Examples of Constructive Dismissal?

Some Examples of Constructive Dismissal A constructive dismissal claim can be complicated. Generally, it’s only possible to make such a claim where an employer has breached a fundamental term of your contract. The burden of proof for this is on the employee and they must provide evidence that proves their employer seriously breached their contract. […]

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What do we know so far? – European Law Blog

4 March 2024/ By Sophia Hassel Blogpost 18/2024 Since C-300/21 Österreichische Post, the first ECJ decision on non-material damages under GDPR, the ECJ has handed down multiple other decisions on the topic (C-340/21 Natsionalna agentsia za prihodite, C-667/21 Krankenversicherung Nordrhein, C-456/22 Gemeinde Ummendorf and C‑687/21 MediaMarktSaturn). There seems to be a marked effort by the […]

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is the strict interpretation of national public policy exceptions to the benefit of EU regulation? – European Law Blog

27 February 2024/ By Clara Muller Blogpost 16/2024 On the 9th of November 2023, the Court of Justice issued a judgment concerning the interpretation of the derogation clause in Article 3 (4) of the Information Society Services Directive (also known as the e-commerce Directive). The case concerned an Austrian law that imposed obligations on communication […]

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protecting migrant workers from abusive employers or maintaining the status quo? – European Law Blog

26 February 2024/ By Amy Weatherburn Blogpost 15/2024 On 21 December 2023, a political agreement was reached between the Council and the European Parliament on the text of the revised Single Permit Directive. This development is a key piece of the puzzle that aims at reforming the management of legal migration in the European Union […]

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Should Temporary stay Temporary? An interpretation of the Temporary Protection Directive in line with its rationale. – European Law Blog

22 February 2024/ By Lia Gobiet Blogpost 14/2024 Nearly 4 million people fled Ukraine since the Russian invasion started in February 2022. Within the territory of the EU, those persons who are unable to return enjoy residence rights derived from the Temporary Protection Directive(TPD). As the name of the Directive indicates, any derived right, such […]

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A Format For Public Participation in Genomic Matters in Agriculture? – European Law Blog

19 February 2024/ By Alexandra Molitorisová and Kai Purnhagen By Alexandra Molitorisová and Kai P. Purnhagen Blogpost 13/2024 Between 26-28 January 2024, the Chair of Food Law of the University of Bayreuth, Campus Kulmbach, organised a citizen jury on new genomic techniques (NGTs) at the Schloss Thurnau in Upper Franconia, Bavaria as a part of […]

Legal Law

The implications of the 2023 Frontex judgment on the EU agencies and the legal credibility of the Court – European Law Blog

14 February 2024/ By Lynn Hillary and Bas Schotel By Lynn Hillary & Bas Schotel Blogpost 12/2024 In September 2023, the General Court of the Court of Justice of the EU ruled that Frontex did not incur non-contractual liability for deporting a Syrian family from Greece to Turkiye whose asylum claims were not examined by […]

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An analysis of C-683/21 Nacionalinis visomenes sveikatos centras prie Sveikatos apsaugos ministerijos – European Law Blog

12 February 2024/ By Elspeth Guild Blogpost 11/2024 Nowhere in this judgment of 5 December 2023 does the term ‘artificial intelligence’ (AI) appear, yet for the first time the Court of Justice of the EU’s Grand Chamber (CJEU) deals with the issue of legal responsibility and liability for the use of personal data by AI […]

Legal Law

how to solve the “indirect personal data” riddle? – European Law Blog

6 February 2024/ By Stephanie Rossello Blogpost 10/2024 INTRODUCTION For those looking for more guidance by the Court of Justice of the European Union (CJEU) on the meaning of “personal data” and, in particular, the notion of an “indirectly identifiable” natural person under article 4(1) GDPR, 2023 has been an exceptionally gratifying year. On 26 […]

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The Hungarian Defence of National Sovereignty Bill as a violation of European values – European Law Blog

5 February 2024/ By Miriam Schuler Blogpost 9/2024 On 12 December 2023, Hungary passed a bill for the defence of national sovereignty which reportedly provides ‘the executive with even more opportunity to silence and stigmatise independent voices and opponents.’ On 1 February 2024, Hungary’s Sovereignty Protection Office is going to start operating. The Hungarian Sovereignty […]

Legal Law

What Is Wrongful Termination?

Wrongful Termination Wrongful termination can refer to any situation in which an employer fires a worker for a reason that violates state or federal laws. While employers have the right to hire and fire their own employees as they see fit, it’s important for them to adhere to strict legal guidelines when doing so. Otherwise, […]

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AG Kokott issues Opinion in Google Shopping with the Commission looking set to win round 3 with a knockout – European Law Blog

1 February 2024/ By David Fåhraeus Blogpost 8/2024 AG Kokott recently gave her Opinion on the ongoing saga between the European Commission and Google. She advised the Court to dismiss all of Google’s grounds of appeal against the judgment of the General Court which upheld the Commission’s decision to fine Google €2.4 billion. In her […]

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Towards a Golden Age of the European Citizens’ Initiative? – European Law Blog

30 January 2024/ By Antonia-Evangelia Christopoulou Blogpost 7/2024 In December 2023, the European Commission published its first review of the Regulation (EU) 2019/788 on the European Citizens’ Initiative (ECI Regulation). The 2023 ECI Review Report reveals some very positive developments on the ECI process since the entry into force of the Regulation in January 2020: […]

Legal Law

International Law as a Trailblazer for a Gender-Sensitive Refugee System in the EU. The Court of Justice’s ruling in Case C-621/21, Women who are Victims of Domestic Violence – European Law Blog

29 January 2024/ By Gesa Kübek and Jonas Bornemann Blogpost 6/2024 Is gender-based violence against women a ground for granting refugee protection under international and EU law? The European Court of Justice (ECJ) essentially addressed this question last week in Case C-621/21, Women who are Victims of Domestic Violence. The case was brought by a […]

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No, the Data Protection Complaint is Not a Petition – European Law Blog

25 January 2024/ By Maria Magierska Blogpost 5/2024 On 7 December 2023, the European Court of Justice (ECJ) issued two landmark rulings against the German credit scoring agency SCHUFA. Both decisions significantly strengthen the rights of a data subject under the General Data Protection Regulation (GDPR) in several substantive and procedural dimensions. First, from the […]

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the ECJ cautiously tackles data breaches in the NAP case – European Law Blog

23 January 2024/ By Maria Grazia Porcedda Blogpost 4/2024 When the Bulgarian National Revenue Agency (Natsionalna agentsia za prihodite or the ‘NAP’) suffered a malicious data leak in 2019, it joined the growing ranks of organizations affected by cyberattacks. With security often being an afterthought in cyberspace, data breaches have become a drawback/reality of networking. […]

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Backpedaling on the Green Deal? – European Law Blog

Blogpost 3/2024 While pesticides are argued to be paramount to food security, their pollution poses serious threats to biodiversity, human health, and medium to long-term food security. The alarm bells regarding these risks have been around since the sixties, most notably in Rachel Carson’s Silent Spring. Yet, over the last decades, pesticide production has steadily […]

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The Legality of Banning Fossil Advertising – European Law Blog

16 January 2024/ By Ingo Venzke and Laurens Ankersmit By Ingo Venzke & Laurens Ankersmit Blogpost 2/2024 Introduction It is hard to overlook the pervasive influence of advertising that encourages unsustainable behaviour and consumption. As we roam the streets of Amsterdam, every other billboard invites us to escape the drizzling, grey weather for a sunny weekend […]

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The judgment in G.K. e.a. (parquet européen) brought the EPPO a pre-Christmas tiding of comfort and joy but will that feeling last? – European Law Blog

15 January 2024/ By Nicholas Franssen Blogpost 1/2024 Disclaimer: The views in this blog are strictly personal and do not in any way represent an official position of the Dutch government. Judging by the image of a visibly delighted EPPO employee posted on LinkedIn, the mood at 11 Avenue John F. Kennedy (i.e. the EPPO’s […]

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Supervising Europol’s Big Data Challenge – making ‘the best of it’ by means of (limited) administrative enforcement powers – European Law Blog

21 December 2023/ By Lisette Mustert Blogpost 58/2023 On 6 September of this year, the General Court declared the European Data Protection Supervisor’s (EDPS) action to annul two provisions laid down in the new Europol Regulation inadmissible (T-578/22). These two provisions retroactively legalise unlawful data processing activities by the EU Agency for Law Enforcement Cooperation […]

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a matter for EU law – European Law Blog

11 December 2023/ By Vasiliki Kosta Blogpost 52/2023 The illiberal challenge to academic freedom emanating from national governments, and notably in Hungary, has brought the topic of academic freedom to the spotlight also in EU law. Increased EU institutional activity followed, including the launch of the European Parliament STOA Forum for Academic Freedom (STOA Forum), […]

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What will happen to the refugees and asylum seekers that fled Ukraine? Addressing the threat of legal limbo after temporary protection ends – European Law Blog

13 December 2023/ By Mykola Bilousov and Katharine Woolrych Blogpost 54/2023 After millions of people fled to the EU following Russia’s invasion of Ukraine, Council Directive 2001/55/EC was activated for the first time in more than 20 years. Temporary protection was designed to protect not only Ukrainian nationals and their family members, but also people […]

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So long and see you in the next pandemic? The Court’s one-and-done approach on permissible reasons to restrict freedom of movement for public health reasons in the Nordic Info case (C-128/22) of 5 December 2023 – European Law Blog

19 December 2023/ By Danaja Fabcic Povse Blogpost 57/2023 To what extent were covid-19 measures such as closed borders, quarantines, and obligatory testing permitted under EU law? The judgment in the case Nordic Info BV published on December 5 2023 sheds some light on the complicated relationship between the freedom of movement, the EU’s “cherished […]

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The ‘Entirely Neutral’ Exclusion of Muslim Women From State Employment – European Law Blog

14 December 2023/ By Gareth Davies Blogpost 55/2023 In OP v Commune d’Ans, the Court of Justice determined that a rule maintained by a Belgian municipality, which prohibited the showing of any signs of religious faith in the municipal workplace, could be justified by the cause of preserving an ‘entirely neutral administrative environment’. The measure […]

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Is the new Green Claims Directive going to advance the cause of green consumerism? – European Law Blog

15 December 2023/ By David Nagode Blogpot 56/2023 ‘Eco-friendly’ and ‘climate-neutral’ have become beloved phrases when it comes to marketing and labelling of everyday products. Apparently to such an extent that companies have decided to include such stickers on the packaging of their products, without actually doing, i.e. contributing anything towards the fight against climate […]