The Human-centric Perspective in the Regulation of Artificial Intelligence

Insight

Abstract: The development of new emerging technologies, such as artificial intelligence, has sparked a scientific debate on their risks and benefits. This debate necessitates legal and regulatory considerations, particularly regarding the balance between technological growth and the protection of human rights. This Insight analyses the...

Shaping the Joint Liability Landscape? The Broader Consequences of WS v Frontex for EU Law

Insight

Abstract: The Insight delves into the CJEU judgment of WS et al. v Frontex, the first action for damages against the European Border and Coast Guard Agency, Frontex, for human rights violations at the EU's external borders. Despite the prevalence of systemic violations and heightened attention to the agency's...

Les interventions des États membres de l’UE dans l’affaire Ukraine c Russie devant la CIJ

Insight

Abstract: In the context of the litigation relating to the Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russian Federation) before the International Court of Justice (ICJ), the Member States of the European Union (EU) have in turn filed a declaration of intervention on the...

The Spitzenkandidaten Method and the European Material Constitution

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Keywords: Spitzenkandidat – lead candidate – material constitution – European Commission – Parliament – art. 17(7) TEU.

Legal studies on the method for the appointment of the President of the Commission, known as Spitzenkandidaten, are not frequent. Yet this method has been known and discussed at least for...

Who are the Russian Oligarchs? Recent Developments in the Case Law of the European Court of Justice

Insight

Abstract: This Insight examines the developments in the EU restrictive measures against Russia in the aftermath of the full-scale aggression in Ukraine, focusing on the novel "(g) criterion" designed to target Russian businesspersons (often referred to as Russian oligarchs). The analysis illustrates the recent litigation before the General...

The EU and Russian Aggression: Perspectives from Kant, Hobbes, and Machiavelli

Insight

Abstract: This Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking as its starting point Josep Borrell’s comment that “we are too much Kantians and not enough Hobbesians” at the 2022 EU Ambassadors’...

La contribution de l’arrêt J.K. à la redéfinition des frontières du droit social de l’Union

Insight

Abstract: From an EU social law perspective, the decision of the Court of justice in J.K. appears prima facie to be a step forward in the construction of a universal labour law regime. However, the case strictly limits the progress towards an assimilation of the situation of employees and self-employed, in EU social law. First, by...

L’Europe est-elle queer? Homosexualité et valeurs de l’Union européenne

Insight

Abstract: One way of understanding the JK ruling is to see it as the symptom of a war of values within the European Union. In the context of “illiberal democracy”, the question of sexual identity resonates and conflicts with that of religious identity, creating a trouble within European values. In an attempt to resolve it, the jurisprudence tries to...

Mutual Trust and EU Accession to the ECHR: Are We Over the Opinion 2/13 Hurdle?

Insight

Abstract: After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns...

La directive 2000/78/CE au cœur de la politique sociale et des valeurs de l’UE. Les enjeux de l’arrêt J.K c TP S.A

Insight

Abstract: The J.K. v TP S.A ruling is an important judgment, and not only because it led the Court to settle main questions of substantive law. In the context of adapting social law to new forms of employment relations, the Court first clarified the personal scope of Directive 2000/78/CE. Secondly, it addressed the relationship between non-...

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