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-...
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 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...
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. 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. Guiding principles. – III. Proceedings before the European Court of Human Rights. – III.1. The co-respondent mechanism. – III.2. The “prior involvement” of the Court of Justice. – III.3. Operation of inter-party applications and ECHR advisory opinions. – III.4. The principle of mutual trust between EU Member...
Table of Contents: I. Introduction. – II. Seeing the wood for the trees: the background. – III. How did the Court of Justice of the European Union use the extra time? – IV. Conclusions.
Abstract: Ten years ago, when the Court of Justice delivered Opinion 2/13, the author of the present Article...
Table of Contents: I. Introduction: “The disappointment that we felt”. – II. Connolly continued: complaints about acts of the EU institutions. – III. Back to real Bosphorus: complaints about EU Member States implementing EU law. – IV. No blind trust: complaints about cooperation between EU Member States. – IV.1. Avotiņš:...
Table of Contents: I. Introduction. – II. How the EU and its Member States worked together. – III. Lessons from Opinion 2/13. – IV. State of play. – V. Conclusion.
Abstract: This Article discusses three aspects of the negotiations on EU accession to the ECHR that took place...
Table of Contents: I. Introduction. – II. Basic principles in the negotiations. – III. Negotiating the issues deriving from Opinion 2/13. – III.1. EU-specific mechanisms of the procedure before the ECtHR. – III.2. Inter-state applications and advisory opinions. – III.3. Mutual trust and mutual recognition. – III.4. CJEU competence over EU acts in...
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