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Schrems II: Everything Is Illuminated?

Insight

Abstract: The decision in Schrems II delivered by the Court of Justice in July 2020 (judgment of 16 July 2020, case C-311/18, Data Protection Commissioner v. Facebook Ireland Ltd and Maximillian Schrems) was, in many ways, foreseeable given the scheme and recent history of the Union’s privacy and data protection jurisprudence....

The NH Case: On the “Wings of Words” in EU Anti-discrimination Law

Insight

Abstract: This Insight examines a judgment of the Grand Chamber of the Court of Justice in case C-507/17, NH v. Associazione Avvocatura per I Diritti LGBTI – Rete Lenford (23 April 2020). In its preliminary ruling, the Court deliberated on whether a statement made by a senior lawyer at an Italian law firm during a media...

AI Regulation Through the Lens of Fundamental Rights: How Well Does the GDPR Address the Challenges Posed by AI?

Insight

Abstract: In early 2020, the European Commission published a White Paper on artificial intelligence (AI) regulation, in which it highlighted the need to review the EU’s legislative framework with a view to making it fit for the current technological developments. The aim of this Insight is to carry out such review from the perspective of...

The European Union’s Financial Contribution to the Response to the Covid-19 Crisis: An Overview of Existing Mechanisms, Proposals Under Discussion and Open Issues

Insight

Abstract: This Insight contains an overview of the measures through which EU institutions and organs financially contribute to the response to the Covid-19 crisis. Measures address direct support to public health and to humanitarian aid, research, and economic and social consequences of the crisis. The response is the most diverse, as it...

Le condizioni ricavabili dal Regolamento generale sulla protezione dei dati per le applicazioni nazionali di tracciamento dei contatti: alcune considerazioni

Insight

Abstract: In order to manage the COVID-19 pandemic, several EU Member States have decided to use contact tracing apps, which can display different characteristics: some of them rely on Bluetooth technology, while others on GPS location; some of them adopt a decentralised approach in data collection, while others a centralised approach. The present...

EU Soft Law Instruments as a Tool to Tackle the COVID-19 Crisis: Looking at the “Guidance” on Public Procurement Through the Prism of Solidarity

Insight

Abstract: The European Commission has used soft law instruments to tackle the COVID-19 crisis. In so doing, it not only tried to accommodate the emergency within the flexibilities inherent in EU law, but it also assumed, along with national authorities, its own share of responsibility to respond to economic and public health issues. By taking as a...

The PSPP Judgment of the German Federal Constitutional Court: Throwing Sand in the Wheels of the European Central Bank

Insight

Abstract: After describing the measures adopted by the European Central Bank (ECB) to mitigate the crisis caused by the COVID-19 pandemic in the euro area, the Insight focusses on the repercussions of the controversial judgment adopted by the German Federal Constitutional Court (BVerfG) on 5 May 2020. It is contended that the criteria...

A European Way to Approach (and Limit) the Law on State Immunity? The Court of Justice in the RINA Case

Insight

Abstract: The present Insight offers an analysis of the judgment of the Court of Justice in the so-called RINA case (judgment of 7 May 2020, case C-641/18, LG and Others v. Rina and Ente Registro Navale), which deals with the (non) automatic extension of State immunity to private actors entrusted with some public functions....

Sui rapporti tra Carte e Corti: nuovi sviluppi nella ricerca di un sistema rapido ed efficace di tutela dei diritti fondamentali

Insight

Abstract: This Insight deals with the recent case-law of the Italian courts regarding the relationship between domestic and Community rules on fundamental rights, taking into account in particular the substantial and procedural problems that arise when a law is suspected to violate both the Charter of the Fundamental Rights of the EU and...

Filtrage des investissements directs étrangers dans l’UE et COVID-19: vers une politique commune d’investissement fondée sur la sécurité de l’Union

Insight

Abstract: This Insight examines the EU’s response to foreign direct investment in the context of the COVID-19 pandemic. The crisis has revealed the increased risk of attempts to acquire EU healthcare capabilities or EU strategic industries via foreign direct investments (FDI). As positive law stands, EU Member States are responsible for...

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