POSTS BY Herwig C. H. Hofmann
03 January 2026

This Is Not Simplification

The European Union’s digital rulebook is increasingly criticized for its complexity, prompting calls for simplification. However, recent proposals like the draft Digital Omnibus regulation are strong on limiting rights but weak on providing clarity. To achieve simplification, we must comprehend and address the root causes of complexity by clarifying rights and obligations, reducing regulatory overlaps, and prioritising long-term coherence over short-term fixes. Continue reading >>
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04 December 2025

Rethinking the Notion of the File

As automated decision-making reshapes administrative procedures, long-standing guarantees like access to the file, the right to be heard, and effective judicial remedies risk losing their meaning. When AI systems collect, process and weigh information invisibly, individuals and courts cannot understand or contest how decisions are made. EU procedural law must rethink the very notion of “the file” to ensure traceability, human oversight, and genuine accountability. Continue reading >>
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28 November 2024
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The Future of GDPR Enforcement

The ongoing trilogue negotiations on the GDPR procedural regulation aim to address significant enforcement shortcomings. From strengthening complainants' rights to harmonising Data Protection Authorities' discretion and improving cross-border cooperation, these discussions carry major implications for data protection in Europe. This analysis highlights the urgent need for reforms to ensure effective and fair enforcement. Continue reading >>
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13 October 2021

Sealed, Stamped and Delivered

By publishing the judgement K 3/21 of the Constitutional Tribunal of 7 October 2021 in Poland’s official journal, the Polish government has notified the European Council of the decision of the Republic of Poland to leave the Union. To avoid the serious consequences this entails for its citizens, Poland has two options. Continue reading >>
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