News
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European Papers is pleased to announce that its Issue No 3 in the Volume 9, 2024 is now available on-line....
Processing Personal Data in the Context of AI Models: EDPB’s Opinion 28/2024
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Keywords: personal data – GDPR – AI models – anonymisation – legitimate interests – unlawful processing.
On the 17th of December 2024, the European Data Protection Board (EDPB) adopted an Opinion on the processing of personal data in the development and deployment of Artificial Intelligence (AI) models....
European Forum (European Papers, Vol. 9, 2024, No 3)
e-Journal- 757 reads
Insights and HighlightsMaria Eugenia Bartoloni, The “255 Committee” and the Procedure for Appointing EU Judges. The (...
The Evolution of Public Order and Public Policy in EU Law: Europeanisation of Essential State Functions and the Union’s Public Order
e-Journal- 2132 reads
Table of Contents: I. Introduction. – II. To be a Member State in the European Union. – III. A European Public Order and Public Security. – IV. Conclusion.
Abstract: Public order and public policy have long been features of the EU law landscape as grounds of derogations for Member States. Recent...
Reconceptualising Security in the Law of the European Union
e-Journal- 2272 reads
Table of Contents: I. Introduction. – II. Preventive security. – II.1. Criminal law. – II.2. Surveillance. – II.3. Border control. – III. Externalised security. – III.1. Globalised security. – III.2. Transatlantic security. – IV. Privatised security. – IV.1. Privatised security as a Rule of Law challenge. – IV.2. Privatised security as a means of...
The Europeanisation of “Public Order”: The Cases of Restrictive Measures to Counter the Spread of False Information and of Restrictions to Foreign Direct Investments
e-Journal- 1470 reads
Table of Contents: I. Introduction. – II. Member States as custodians of the Union’s public order. – II.1. The concept of “European public order” in Council Decision (CFSP) 2022/351. – II.2. The Foreign Direct Investment Regulation: procedural and substantive obligations on Member States’s assessment of FDI that affect public order and public...
European Public Policy and Restriction of Free Movement of Persons in EU Law
e-Journal- 2990 reads
Table of Contents: I. Introduction. – II. Public policy as a nationally embedded concept. – III. The rising role of common European values in the public policy exception. – III.1. Explicit engagement of the Court with European values: the case of expulsion of criminal Union citizens. – III.2. Implicit engagement of the Court with European values:...
Public Security and Public Order in EU Law: Adjudicative Challenges in the Laws of the Internal and Digital Markets
e-Journal- 1571 reads
Table of Contents: I. Introduction. – II. Methodological basis for public policy/security issues in the context of free movement law. – III. Proportionality in free movement law and the EU Charter: a comparison. – IV. The “strictly necessary” test and the “balancing test” in light of the digital case Law of the CJEU. – IV.1. “Strictly necessary”...
“Public Policy” as a Chameleonlike Concept: The Quest for Coherence in the CJEU Case Law On Migration and Union Citizenship
e-Journal- 1523 reads
Table of Contents: I. Starting point: reaffirming supranational oversight – I.1. Curtailing exceptional non-compliance under art. 72 TFEU – I.2. Distinct political choices with regard to migration – II. Overlap with and distinction from Union citizenship- II.1. Association agreement with Turkey as a test case - II.2. Fahimian: discrepancies...
Art. 72 TFEU as Seen by the Court of Justice of the EU: Reminder, Exception, or Derogation?
e-Journal- 2703 reads
Table of Contents: I. Introduction. – II. Art. 72 TFEU: no “general exception” from the scope of EU law. – III. Art. 72 TFEU: a reminder for the EU institutions. – IV. Art. 72 TFEU: a derogation to the benefit of the Member States? – V. Conclusion.
Abstract: When the Member States of the European Union (EU...
Introduction: Public order and public security in EU law. Time for Reappraisal
e-Journal- 1706 reads
Table of contents: I. Introduction – II. Four reasons to reappraise public order and public security in EU law. – II.1. In the name of national public order: understanding Member States’ increased resistance to EU law. – II.2. Assessing the evolving conceptual framework. – II. 3. Evaluating how the EU legal framework adjusts to the contextual...Freedom of the Press as a Public Policy Reason Restricting the Principle of Mutual Trust: Lessons from the Real Madrid Preliminary Ruling
Insight- 9071 reads
Abstract: In the Real Madrid case, the Court prioritized under the public policy proviso of the Brussels I Regulation the protection of freedom of the press over the mutual recognition of judgments in civil and commercial matters. The preliminary ruling explains the circumstances in which recourse to public policy is possible to decline the...
The Role and Competence of the EU in the Area of Supportive Financing Policies for Renewable Energy Projects
e-Journal- 2122 reads
Table of Contents: I. Introduction – II. Why (still) support renewable energy sources and why should the EU care – II.1. The persisting need for financially supporting RES – II.2. The purposiveness of an enlarged impact of the EU legal order on renewable energy support policies – III. The EU competence in the area of renewable energy support – III.1...
National Independent Monitoring Mechanisms for Fundamental Rights Compliance at the EU’s External Borders
e-Journal- 3127 reads
Table of Contents: I. Introduction – II. Croatian experience with its national independent monitoring mechanism – III. Legal framework and challenges of national independent monitoring mechanisms – IV. Concluding remarks: must-haves of national independent monitoring mechanisms.
Abstract: The...
The Czech Republic and the 2022 and 2023 Reintroduction of Border Controls: Framing Secondary Movements as a Threat to National Security in the Regional Context
e-Journal- 2096 reads
Table of Contents: I. Introduction. – II. Reintroduction of Internal Border Controls in the Czech Republic in 2022 and 2023. – III. Czech reintroduction of border controls in light of relevant EU law. – IV. Sovereignty as a (mis)used and forgotten argument. – V. Conclusion and the way forward
Abstract...
Algorithmic Accountability Through the “Human over the Loop” in Interoperable and EU AI-reliant Large-scale IT Systems for Migration and Security
e-Journal- 2683 reads
Table of Contents: I. Introduction. – II. Interoperability of large-scale IT systems for third-country nationals: a synopsis. – II.1. The road. – II.2. The interoperability regulations. – III. Searching for AI in terminologically ambiguous texts. – III.1. The pivotal role of the CRRS. – III.2. sBMS: motor for biometric recognition. – III.3. MID: an...