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European Papers is pleased to announce that the Workshop "New Research in European Public Law" will be held at the Jean Monnet Center for International & Regional Economic Law, New York...

Table of Contents: 1. Introduction. – 2. National Security. – 2.1. Definition and Scope. – 2.2. Private Sector and the Expanding Application of EU Law. – 3. The Legal Uncertainty Arising from the Current Delineation of the Scope of EU Data Protection Law. – 3.1. Narrowing the Scope Back Down? The Draft E-Privacy Regulation. – 3.2. National Security...

Table of Contents: 1. Introduction. – 2. From Prüm over Prüm Next Generation to Prüm II. – 3. Orchestrated stakeholders’ consultation manifesting asymmetries of power. – 4. Two prospective changes in the Prüm system and still silenced substantial challenges they raise. – 4.1. In the name of ‘interoperability’: unsettling data sovereignty of Member...

Table of Contents: 1. Introduction. – 2. From Member State dependency to EU information hub. – 2.1. The first steps towards Europol’s emergence as an information hub. – 2.2. Two decisive changes to Europol’s founding acts. – 2.3. The Recast Europol Regulation. – 3. Europol’s involvement in different areas of EU police and judicial cooperation in...

Table of Contents: 1. Introduction. – 2. New changes to Europol’s role in the SIS: from accessor to facilitator. – 2.1. From SIS I to SIS II: the origins of a widely used system. – 2.2. The new information alerts: a paradigm change of the SIS. – 3. A dangerous new integrated system of alerts. –3.1. Data quality issues: trusting the source of the...

A central pillar of the development of European Union (EU) Criminal law has been the establishment of legal and technical avenues aiming at facilitating the collection, retention and transfers of personal data, in the context of fighting terrorism and other serious criminal offences. As technological evolution has offered national law enforcement authorities enhanced...

Table of Contents: 1. Introduction. – 2. Factual and legal background. – 2.1. The DSD regulations and their impact on Ms. Semenya’s career. – 2.2. The proceedings before the CAS and the Swiss Federal Supreme Court. – 2.3. The ECtHR’s Third Section ruling. – 3. The final ruling of the Grand Chamber. – 4. Comment – 4.1. The Grand Chamber’s analysis on...

Table of Contents: 1. Introduction. – 2. Factual background. – 3. Analysis. – 3.1. Previous case law. – 3.2. The Court’s decision. –  3.2.1. Res iudicata and probative value – 3.2.2. Mandatory arbitration – 3.2.3. Standard of review – 3.2.4. The self-enforcing nature of CAS arbitration – 3.2.5....

Table of Contents: 1. Introduction: setting the scene. – 2. Access to justice in European Union law. –  2.1. Access to justice and the right to an effective remedy. –  2.2. Access to justice and the rule of law. – 3. EU operational agencies and the problems of access to justice. – 3.1. The European Union Border and...

Table of Contents: 1. Introduction. – 2. What is the PQD, and what is left of it in contemporary constitutional systems. – 3. The subtle emergence of a PQD in the case law of the ECJ. – 4. A PQD in EU law. – 5. Concluding remarks.

Abstract: This article examines the emergence of a...