13 November 2025

Unlocking Potential

EU copyright law’s teaching exceptions do not deserve a perfect grade. The law unduly privileges classical teaching practices by traditional educational institutions over more informal ways of teaching, it grants too much power to publishers, and it allows for differences in transposition, which hinder cross-border teaching projects and negatively impact the common market. Each of these elements should change. Continue reading >>
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12 November 2025

Beyond Copyright

Open Access is seen as a terrific opportunity for researchers to spread knowledge at unprecedented speed and increase society’s wider participation in cultural life. In contrast, traditional publishing models, with their rigid market dynamics, are aimed at rewarding rightsholders but feature visible contractual asymmetries that put researchers’ freedoms at stake, an imbalance that Second Publication Rights aim to redress. Continue reading >>
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12 November 2025

Reconciling EU Copyright Protection With the Right to Research

Considering the rapid evolution of digital technology and changing research approaches, it is doubtful whether the current EU copyright acquis offers sufficient support for research that requires access to protected knowledge resources. To this day, EU copyright law misses a general research clause that would allow researchers to do their job in the current information society and contribute to the improvement of societal conditions – regardless of constantly changing technologies and access routes to knowledge resources. Continue reading >>
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07 November 2025
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We Must Never Cease to Hope in the Possibility of a Future

Five Questions to Michael O'Flaherty Continue reading >>
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27 October 2025

Using the DSA to Study Platforms

The EU’s Digital Services Act (DSA) established a host of new transparency mandates for online platforms. One of the simplest yet most critical allows researchers to collect or “scrape” data that is publicly available on platforms’ websites or apps. This post examines who can take advantage of the DSA’s protections. Continue reading >>
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21 October 2025

Rainbow Europe or Rainbow Washing?

A growing number of EU Member States have proposed or introduced legislation that directly targets LGBTIQA+ individuals. What a decade ago seemed to be Hungary’s isolated case is today a growing trend across the Union. Against this backdrop, the European Commission just published its new LGBTIQ+ Equality Strategy (2026-2030). In my view, however, this initiative represents a downgraded commitment of the European Commission towards the protection of Queer individuals. Continue reading >>
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31 August 2025
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Overcoming Objections to Overcome the Hungarian Veto

This June, we proposed ways to overcome a Hungarian veto on EU sanctions against Russia. Our proposal prompted Mark Dawson and Martijn van den Brink to write a sharp response, arguing that we had ventured beyond the confines of serious legal scholarship into the realm of the fantastical. Our critics and we seem to live in different realities. When reading Dawson’s and van den Brink’s piece, it feels like the Russian war of aggression against Ukraine does not exist. Yet, there lies an uncomfortable truth at the heart of our proposal, one that our critics fail to recognize: the Russian war might grow into an existential threat to the European Union. Continue reading >>
28 August 2025
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Lithium, Law, and the Limits of EU Sustainability

In July 2024, the European Commission entered into a strategic partnership on critical raw materials with Serbia by signing a Memorandum of Understanding (MoU) on sustainable raw materials and battery value chains. Three days before signing the MoU, the Serbian government had decided to renew the spatial plan for the realization of the “Jadar” project, which includes the exploitation of the mineral Jadarite in western Serbia. These two events have signaled the readiness of the Serbian regime to allow lithium mining in western Serbia and the EU’s commitment to exploit a source of critical raw material (CRM) in its neighborhood, particularly in the Western Balkans. Continue reading >>
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28 July 2025

Can The EU Levy Its Own Taxes?

The budgetary dance in the EU budgetary cycle always starts early and seems to follow similar patterns: the heads of state assess their positions, the press then divides them into camps (usually a frugal and an expansionist one), and the European Commission proposes measures that would expand the Union's budgetary autonomy. With the announcement of a new “Corporate Resource for Europe” (“CORE”), the Commission has relaunched an age-old debate: can the Union levy its own taxes, and if so, on what legal basis? Continue reading >>
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19 July 2025

Suspension of EU Association Agreements Does Not Require Unanimity

In its meeting on 15 July 2025, the Council of the EU failed to adopt concrete measures vis-à-vis Israel, limiting itself to an “exchange of views on an inventory of possible follow-up measures”. This hesitant approach stands in contrast to clear indications that Israel is in breach of its human rights obligations under Article 2 of the EU-Israel Association Agreement (AA), and to the EU’s own obligation to work towards consolidating human rights and the principles of public international law pursuant to Article 21 TEU. While a suspension of the entire AA was never really foreseeable, an important question relates to the voting threshold within the Council that would apply to such a decision relating to the AA. Continue reading >>
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