Table of Contents: I. Introduction. – II. Biases and noise: mapping the debate. – II.1. Cognitive biases. – II.2. Noise. – II.3. Bias and noise in competition law procedure. – III. The promises: debiasing, accelerating, prioritizing. – IV. The pitfalls: biasing again. – V. The need for a four-eyes principle. – VI. Conclusion....
Table of Contents: I. Introduction. – II. The right to avoid self-incrimination in EU competition law. – II.1. The right to avoid self-incrimination in the Charter of Fundamental Rights: Article 6 ECHR as a starting point. – II.2. A specific right to avoid self-incrimination in EU competition law enforcement? – III. Protection against self-...
Abstract: This Insight deals with the recent judgment delivered by the Grand Chamber of the European Court of Human Rights in the case KlimaSeniorinnen v Switzerland. The first part of the Insight focuses on the ECtHR’s competence in the context of climate-change litigation. The second part analyses the issues of victim...
Table of Contents: I. Introduction – II. AI in the EU Large-Scale Information Systems: The Case of ETIAS and VIS – II.1. ETIAS and VIS within Interoperability – II.2. ETIAS and VIS automated processing – II.3. How will the ETIAS and VIS automated processing work in practice? – III. The ETIAS and VIS Automated Processing and the Legal Constraints of...
Table of Contents: I. Introduction– II. The Right to Information and Access to Personal Data: Seeing the Tip of the Iceberg – II.1. The Right to Information– II.2. The Right of Access– III. Challenges to Transparency in Practice: Hampering the Rights to Information and of Access – III.1. Fragmentation in the Area of Freedom, Security, and Justice –...
Table of Contents: I. Introduction. – II. The state of use of AI tax enforcement algorithms in the EU. – II.1. The use of AI fiscal governance tools in context. – II.2. The typology of AI fiscal governance tools. – III. Should AI fiscal governance tools be regarded as high-risk systems? – III.1. The regulatory structure of the EU Artificial...
Abstract: Technological disruption is drastically changing the way rules are made and applied. This special section, consisting of five articles, is dedicated to exploring the impact of automated decision-making (ADM), and in particular artificial intelligence (AI) systems, on the enforcement of EU law. To this end, rather than deriving legal...
Table of Contents: I. Introduction – II. The content of Opinion 1/17 – II.1. Compliance of the investment court system framed in CETA with the principle of autonomy of the EU legal order – II.2. Compliance of the investment court system framed in CETA with the right of access to an independent tribunal – III. Assessing the compatibility of first-...
Table of Contents: I. Introduction. – II. Data set and general analysis of CJEU case law. – II.1 The data set. – II.2 Overall findings. – III. Financial assistance programmes. – IV. The ECB’s monetary crisis measures. – V. Banking union. – VI. Conclusions.
Abstract: During the past ten years or so...
Abstract: There is an ongoing academic discussion on the concept of smart and targeted sanctions, suggesting that these measures should be tailored, allow for humanitarian exemptions, and include an accessible de-listing procedure for designated subjects, among other criteria. However, a question arises as to whether the concept of smart sanctions...
Abstract: On 4 October 2024, the Grand Chamber of the European Court of Justice (ECJ) issued a landmark judgment that adds significant depth to the interpretation of the GDPR, especially concerning its interplay with unfair competition law and the concept of “special categories of personal data”. After analysing the facts of the case and the ECJ’s...
Keywords: EU judges' appointment procedure – “255 Committee” – judicial independence – art. 19 TEU – art. 254 TFEU – judicial review.
In its judgment of 29 July 2024, delivered in the Valančius case,[1] the Court of Justice ruled, for the first time, on the limits that...
European Papers is pleased to announce that the ReCLEI Workshop "The European Union and Climate Change: Policies, Regulation, and Access to Justice" will be held at the at Unitelma Sapienza...
