Implementing ‘Responsible Business Conduct’ Approaches Under the UN Guiding Principles on Business and Human Rights at the Time of COVID-19

Insight

Abstract: COVID-19 has prompted unprecedented changes to daily life across the EU and has affected the enjoyment of many of the rights set out in human rights international treaties. While the current debate on the impact of COVID-19 on human rights mainly has focused its attention on the role of States, on the emergency measures they have to adopt...

The Interplay Between the European Supervision Order and the European Arrest Warrant: An Untapped Potential Waiting to Be Harvested

Insight

Abstract: This Insight will discuss the European Supervision Order (ESO) in the context of its nexus with the EAW. It will give an overview of the ESO, focussing on the issue of the ways in which breaches of an ESO may be addressed. The argument is advanced that the ESO’s potential is currently untapped and that it has the ability to make...

Protecting Victims’ Rights Through the European Supervision Order?

Insight

Abstract: This Insight analyses the aim of victim protection in the Framework Decision 2009/829/JHA and its limited usefulness, despite being regarded as one of the main objectives of the recognition and enforcement of judicial decisions on supervision measures. After explaining the apparent aims of the Framework Decision, the Insight...

Special Focus on Pre-trial Detention and Its Alternatives Under EU Law: An Introduction

Highlight

Keywords: European Supervision Order – pre-trial detention – alternatives – harmonisation – judicial cooperation in criminal matters – right to personal liberty.
 

The use and misuse of pre-trial detention is a recurring concern for national penal systems. While the deprivation of liberty pending judicial...

The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security

Insight

Abstract: The European Supervision Order is an instrument of mutual recognition of judicial decisions essential to guarantee the exceptional nature of pre-trial detention. It also prevents discrimination of suspects and accused persons in criminal proceedings on grounds of nationality or residence, with regard to the possibilities of enjoying...

Schrems II: Everything Is Illuminated?

Insight

Abstract: The decision in Schrems II delivered by the Court of Justice in July 2020 (judgment of 16 July 2020, case C-311/18, Data Protection Commissioner v. Facebook Ireland Ltd and Maximillian Schrems) was, in many ways, foreseeable given the scheme and recent history of the Union’s privacy and data protection jurisprudence....

The NH Case: On the “Wings of Words” in EU Anti-discrimination Law

Insight

Abstract: This Insight examines a judgment of the Grand Chamber of the Court of Justice in case C-507/17, NH v. Associazione Avvocatura per I Diritti LGBTI – Rete Lenford (23 April 2020). In its preliminary ruling, the Court deliberated on whether a statement made by a senior lawyer at an Italian law firm during a media...

AI Regulation Through the Lens of Fundamental Rights: How Well Does the GDPR Address the Challenges Posed by AI?

Insight

Abstract: In early 2020, the European Commission published a White Paper on artificial intelligence (AI) regulation, in which it highlighted the need to review the EU’s legislative framework with a view to making it fit for the current technological developments. The aim of this Insight is to carry out such review from the perspective of...

Le condizioni ricavabili dal Regolamento generale sulla protezione dei dati per le applicazioni nazionali di tracciamento dei contatti: alcune considerazioni

Insight

Abstract: In order to manage the COVID-19 pandemic, several EU Member States have decided to use contact tracing apps, which can display different characteristics: some of them rely on Bluetooth technology, while others on GPS location; some of them adopt a decentralised approach in data collection, while others a centralised approach. The present...

A European Way to Approach (and Limit) the Law on State Immunity? The Court of Justice in the RINA Case

Insight

Abstract: The present Insight offers an analysis of the judgment of the Court of Justice in the so-called RINA case (judgment of 7 May 2020, case C-641/18, LG and Others v. Rina and Ente Registro Navale), which deals with the (non) automatic extension of State immunity to private actors entrusted with some public functions....

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