Table of Contents: 1. Introduction – 2. Protecting and strengthening the Rule of Law in the European Union through budgetary conditionality mechanisms – 2.1. The Conditionality Regulation – 2.2. The Recovery and Resilience Facility – 2.3. The Common Provisions Regulation – 2.4. Overview: which EU funds have been frozen under which Regulation...
Table of Contents: 1. Introduction – 2. The EU PNR Directive: a historical background and main elements – 3. PNR profiling as a measure of law enforcement cooperation stricto sensu or border control – 3.1. The ‘pre-screening’ purpose of PNR processing – 3.2. Old friends with new powers: passenger information units – 3.3. Advanced...
The first part of the Special Section highlighted the profound transformation of EU law enforcement through the use of new technologies that facilitate, promote and mandate all the more exchanges of personal data across EU Member States and agencies, the move towards the co-option of the private sector in assuming quasi-public functions relating to law enforcement and the...
Table of Contents: 1. Introduction. – 2. The evolving nature of the European anti-money laundering regime. – 2.1. The EU AML Directives and the international AML regime. – 3. The powers of FIUs. – 4. The new AML regime and the developments regarding the FIUs’ access to information. – 4.1. Financial, administrative and law enforcement...
Table of Contents: 1. Introduction. – 2. State of the art. – 2.1. European online surveillance between content moderation and digital constitutionalism. – 2.2. Platforms and the shaping of information dissemination. – 3. Platforms, online surveillance, and the DSA. – 3.1. Proliferation of government measures targeting online expression. –...
Table of Contents: 1. Introduction. – 2. AI-powered law enforcement. – 2.1. Typology. – 2.2. Critical reflections with a focus on the transition from high-risk to minimal-risk AI in law enforcement settings. – 3. What standards for defence rights in the era of AI? – 3.1 Implications for defence rights. – 3.2 How to safeguard defence rights in times...
Table of Contents: 1. Introduction – 2. Hybrid acts: The ESMT and EU-Turkey statement – 2.1. The CJEU’s jurisdiction with respect to the ESMT – 2.2. The CJEU’s jurisdiction with respect to the EU-Turkey statement – 3. Thinking about criteria to distinguish between member state and EU institutional action in hybrid agreements 4. Conclusion: questions...
It has become common place to lament that democracy is in decline and that disagreement, polarisation, or even dissensus is mounting.[1] Democracy means different things to different people,...
Table of Contents: 1. Introduction. – 2. Politics, Technocracy, Non-Majoritarianism in the EU. – 2.1 The Standard Account… – 2.2 …and its Complications. – 3. Competition Law and Limited Politicisation. – 3.1 The Goals of EU Competition Law: An Inclusive and Flexible Mandate as Limited Politicisation. – 3.2. Legal Arrangements for Limited...
Table of Contents: 1. Introduction. – 2. CAs as NMIs. – 2.1. CAs as independent regulators. – 2.2. Legitimacy and accountability of NMIs. – 2.3 NMIs as guardians of representative democracy. – 3. The role of CAs in liberal democracy. – 3.1. CAs and liberal democracy. – 3.2 Mandate and powers of CAs in the EU. – 3.3 The relevance of independent CAs...
