25 March 2025
The EU’s Enduring Ethical Deficit in the Aftermath of Huawei
It took over two decades and several high-profile ethical scandals for the main EU institutions to finally agree on the Interinstitutional Body for Ethical Standards. A year later, this ethics body is nowhere to be found, largely blocked by the EPP. While Belgian prosecutors accuse Huawei of lobbying practices involving free football tickets, lavish gifts, and even all-expenses-paid trips to China, the unfolding scandal provides tangible proof of the inadequacy of the ethical framework, notwithstanding the much-acclaimed post-Qatargate reforms. Continue reading >>
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07 March 2025
Paying Judges Properly
On 22 February, several thousand marched in Budapest for an independent judiciary, including fair pay for judges. Three days later, the CJEU issued a decision in Joined Cases C‑146/23 and C‑374/23, setting out the EU law criteria for judges’ remuneration. The decision sets general minimum criteria for the remuneration of judges to guarantee their independence and is highly relevant for Hungary, where the salary pathway for judges is not set by law, it is not judicially enforceable, and the entire system lacks foreseeability. Continue reading >>
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06 March 2025
A European Army and Three Difficult Choices
J.D. Vance shocked Europe with his speech, signalling a diminishing sense of shared values between the U.S. and Europe. The last Friday’s press conference in Washington further confirmed that America’s commitment as the leader of the free world has disappeared. Consequently, for a "European army", the MSs will have to make three difficult decisions beyond the questions of legal feasibility under the Treaties. A complementary force involving willing MSs under intergovernmental decision-making appears the most realistic path for common territorial defence, while concerns regarding democratic decision-making remain. Continue reading >>03 March 2025
Fast-Tracking Ukraine
Whatever the outcome of the current crisis, Ukraine needs to join the European Union as fast as possible. Neither Trump nor Putin can veto this. The EU, for long lukewarm about widening and deepening, must take rapid steps to facilitate Ukraine’s entry. This will involve revising the terms and conditions of accession. Although Volodymr Zelensky has seen EU membership as second best to NATO, he well knows that his country’s sovereignty now depends on the European Union. Enlargement is a geostrategic investment in peace, security, stability and prosperity. Continue reading >>27 February 2025
The Dismissal of the Romanian Prosecutors Annulment Action
In the latest chapter of the EU rule of law saga, the General Court dismissed an annulment action lodged by an association of Romanian prosecutors, which challenged the termination of the Cooperation and Verification Mechanism in 2023, due to lack of direct concern. We argue that a too-narrow view of the issue does not reflect the rule of law situation in the country, including open non-compliance with the CJEU’s own rulings, and leads to several undesired consequences. Continue reading >>18 February 2025
What Madonna Got and the EU Did Not
For the past three months, Serbian citizens have been actively protesting, demanding a shift from the rule by man to the one, governed by the rule of law. The protests followed the tragedy of November 1, 2024, when the recently renovated canopy of the railway station in Novi Sad collapsed and took 15 lives and severely injured 2 individuals. The Prime Minister has resigned, and massive protests are sweeping across the country. Meanwhile, the EU continues to prioritize regional stability over addressing the President’s abuse of power. Continue reading >>
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06 February 2025
Small Fry
Last week, the oral hearings in the EU-UK Sandeel case were concluded before the Permanent Court of Arbitration in The Hague. This marks the first time in which a dispute between the EU and UK under the 2021 Trade and Co-operation agreement reaches the stage of arbitration, testing the post-Brexit legal framework in a case where the UK’s regulatory autonomy to adopt unilateral measures for the protection of the marine environment is pitted against the EU vessels’ right to access and fish in British waters. Continue reading >>
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09 December 2024
The AI Act National Security Exception
In 2024, the EU legislators adopted a detailed national security exception to the AI Act, contravening prior EU case law. Beyond the possibility of a future ruling that would realign the AI Act’s scope with said case law, the impact of this exception might be limited by other applicable laws and the interpretative and practical difficulty of distinguishing between national and public security. The AI Act’s failure to sufficiently account for these intricacies risks further legal uncertainty within the already complex security landscape. Therefore, this blog post explores the challenges of implementing the exception of national security to the AI Act’s scope of application. Continue reading >>02 December 2024
A Right to Anonymity in the Digital Age
Although digital anonymity is associated with a wide range of opportunities, it also stands in the way of successful criminal prosecution. The right to respect private and family life under the the EU Charter as well as the right to protection of personal data are of fundamental importance for natural persons. However, since life is increasingly taking place online, anonymity can be exploited to spread hate, discriminatory content, and fake news. Considering these risks, the ECJ has opened the door to data retention in Europe and thereby restricted digital anonymity. Continue reading >>02 December 2024
Data Retention Laws and La Quadrature du Net II
La Quadrature du Net II has been criticized for allowing generalized metadata retention measures. However, it is important not to lose sight of the fact that the law must not become a mechanism for protecting criminals. The scale of online rights violations are a real problem. P2P networks are not only a threat to copyright protection, but also an environment for the distribution of content related to serious crime. It is therefore necessary to strike a balance between these two concerns and to propose solutions that adequately protect users without guaranteeing impunity for criminals. Continue reading >>
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