This article examines key privacy and data protection concerns raised by the Regulations that establish a framework for interoperability between EU-wide centralized information systems processing personal data of third-country nationals (Schengen Information System II, Visa Information System, Eurodac, Entry/Exit System, European Travel Information and Authorization System, European Criminal Records Information System for third-country nationals). After a concise outline of the complex landscape within which these databases have been set up, emphasis is placed on the novelties and challenges that interoperability brings forward. In that regard, the articles evaluates the setting up of new databases, particularly the Biometric Matching Service and the Common Identity Repository – viewed through the Panopticon lens – the maximization of uses for which personal data may be destined, the revised rules on consultation of databases for law enforcement purposes, the challenge of ensuring data quality and the exercise of individual rights. Interoperability, Privacy, Data Protection, Databases, SIS II, VIS, Eurodac, EES, ETIAS, ECRIS-TCN
{"title":"Interoperability of EU Information Systems: The Deathblow to the Rights to Privacy and Personal Data Protection of Third-Country Nationals?","authors":"N. Vavoula","doi":"10.54648/euro2020008","DOIUrl":"https://doi.org/10.54648/euro2020008","url":null,"abstract":"This article examines key privacy and data protection concerns raised by the Regulations that establish a framework for interoperability between EU-wide centralized information systems processing personal data of third-country nationals (Schengen Information System II, Visa Information System, Eurodac, Entry/Exit System, European Travel Information and Authorization System, European Criminal Records Information System for third-country nationals). After a concise outline of the complex landscape within which these databases have been set up, emphasis is placed on the novelties and challenges that interoperability brings forward. In that regard, the articles evaluates the setting up of new databases, particularly the Biometric Matching Service and the Common Identity Repository – viewed through the Panopticon lens – the maximization of uses for which personal data may be destined, the revised rules on consultation of databases for law enforcement purposes, the challenge of ensuring data quality and the exercise of individual rights.\u0000Interoperability, Privacy, Data Protection, Databases, SIS II, VIS, Eurodac, EES, ETIAS, ECRIS-TCN","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42004572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the EU, different measures have been adopted with regard to the storage and exchange of personal data of third-country nationals for external border controls. Large-scale databases and risk assessment are used to facilitate the entry of those considered as ‘bona fide travelers’ and to identify those considered as a risk of irregular migration or security threat. The purposes of existing databases have been gradually extended, blurring the line between the objectives of immigration control and security and law enforcement. Emphasizing the non-discriminatory approach of data protection and applying criteria from the case-law of the Court of Justice of the European Union (CJEU), this contribution questions the legitimacy of these measures from the perspective of the principles of necessity and proportionality, purpose limitation, and the prohibition of automated-decision making. large-scale databases, interoperability, biometrics, third-country nationals, non-discrimination, data protection, necessity and proportionality, purpose limitation, automated decision-making
{"title":"Large-Scale Databases and Interoperability in Migration and Border Policies: The Non- Discriminatory Approach of Data Protection","authors":"E. Brouwer","doi":"10.54648/euro2020005","DOIUrl":"https://doi.org/10.54648/euro2020005","url":null,"abstract":"In the EU, different measures have been adopted with regard to the storage and exchange of personal data of third-country nationals for external border controls. Large-scale databases and risk assessment are used to facilitate the entry of those considered as ‘bona fide travelers’ and to identify those considered as a risk of irregular migration or security threat. The purposes of existing databases have been gradually extended, blurring the line between the objectives of immigration control and security and law enforcement. Emphasizing the non-discriminatory approach of data protection and applying criteria from the case-law of the Court of Justice of the European Union (CJEU), this contribution questions the legitimacy of these measures from the perspective of the principles of necessity and proportionality, purpose limitation, and the prohibition of automated-decision making.\u0000large-scale databases, interoperability, biometrics, third-country nationals, non-discrimination, data protection, necessity and proportionality, purpose limitation, automated decision-making","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45223278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union, Fundamental Rights Agency, Legal Services, Multiannual Framework, police and judicial cooperation, EU agencies, transparency, democratic participation, legal basis, fundamental rights
{"title":"The Curious Case of the Fundamental Rights Agency’s Mandate: Legal Shrouding and Democratic Politics","authors":"M. Ovádek","doi":"10.54648/euro2019029","DOIUrl":"https://doi.org/10.54648/euro2019029","url":null,"abstract":"European Union, Fundamental Rights Agency, Legal Services, Multiannual Framework, police and judicial cooperation, EU agencies, transparency, democratic participation, legal basis, fundamental rights","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41982173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Where the number of authorizations available for grant is limited in advance to a maximum number, public authorities have to make a choice between qualified applicants through a selection procedure. EU law has played a major role in developing legal rules on the issuing of these limited authorizations, through, amongst other methods, the development of the obligation of transparency. However, the allocation regime under EU law, in particular as it arises from the internal market freedoms, has some inherent restrictions, only applying to economic activities and sometimes requiring cross-border interest in addition. Thus, in order to develop a general legal regime that applies to any process for the issuing of limited authorizations, the development of an allocation regime rooted in domestic law is necessary. This article discusses recent developments in Dutch case law, where a domestic allocation regime has been derived from the (national) principle of equal treatment. It endorses the adoption of this principle as the central basis for an allocation regime, rooted either in domestic or in EU law, since this principle does not only include the key issues inherent to an allocation context, but also allows for the development of allocation rules at the level of both individual decision-making and general rule-making. administrative law, authorisations, allocation of scarce resources, equal treatment, competition, transparency, general principles of administrative law, legal comparison, EU law, internal market.
{"title":"Limited Authorisations Between EU and Domestic Law: Comparative Remarks from Dutch Law","authors":"Johan Wolswinkel, F. V. Ommeren, W. D. Ouden","doi":"10.54648/euro2019031","DOIUrl":"https://doi.org/10.54648/euro2019031","url":null,"abstract":"Where the number of authorizations available for grant is limited in advance to a maximum number, public authorities have to make a choice between qualified applicants through a selection procedure. EU law has played a major role in developing legal rules on the issuing of these limited authorizations, through, amongst other methods, the development of the obligation of transparency. However, the allocation regime under EU law, in particular as it arises from the internal market freedoms, has some inherent restrictions, only applying to economic activities and sometimes requiring cross-border interest in addition. Thus, in order to develop a general legal regime that applies to any process for the issuing of limited authorizations, the development of an allocation regime rooted in domestic law is necessary. This article discusses recent developments in Dutch case law, where a domestic allocation regime has been derived from the (national) principle of equal treatment. It endorses the adoption of this principle as the central basis for an allocation regime, rooted either in domestic or in EU law, since this principle does not only include the key issues inherent to an allocation context, but also allows for the development of allocation rules at the level of both individual decision-making and general rule-making.\u0000administrative law, authorisations, allocation of scarce resources, equal treatment, competition, transparency, general principles of administrative law, legal comparison, EU law, internal market.","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43222255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The European Court of Human Rights has, in specific circumstances, interpreted the Convention in a manner that extends the protection provided under civil and political rights into the socioeconomic sphere. Additionally, in obiter statements, the Court has alluded to the possibility that ‘a wholly insufficient amount of pensions and other benefits’ would ‘in principle’ violate the Convention, namely Articles 2, 3 and 1 Protocol 1 ECHR. This statement also appears in recent admissibility decisions where applicants unsuccessfully challenged austerity measures adopted to give effect to conditionality agreements in states facing a debt crisis. The article examines whether with this statement the Court is suggesting that states must adhere to a minimum threshold of welfare protection, thereby protecting all individuals in their jurisdiction from the destitution that may arise from austerity policies. The article concludes that the Court’s approach in cases where welfare reductions are under scrutiny points more towards a comparative or relative approach, an approach that compares the position of the applicant to others within the respondent state, rather than one that determines a welfare minimum in absolute and objective terms. Nonetheless, the article argues that this statement on insufficiency of benefits has the potential of contributing to a more substantively fair distribution of the cost of austerity in states facing a debt crisis. European Convention on Human Rights, welfare state, destitution, austerity.
{"title":"Austerity Measures at the European Court of Human Rights: Can the Court Establish a Minimum of Welfare Provisions?","authors":"D. Koufopoulos","doi":"10.54648/euro2019030","DOIUrl":"https://doi.org/10.54648/euro2019030","url":null,"abstract":"The European Court of Human Rights has, in specific circumstances, interpreted the Convention in a manner that extends the protection provided under civil and political rights into the socioeconomic sphere. Additionally, in obiter statements, the Court has alluded to the possibility that ‘a wholly insufficient amount of pensions and other benefits’ would ‘in principle’ violate the Convention, namely Articles 2, 3 and 1 Protocol 1 ECHR. This statement also appears in recent admissibility decisions where applicants unsuccessfully challenged austerity measures adopted to give effect to conditionality agreements in states facing a debt crisis. The article examines whether with this statement the Court is suggesting that states must adhere to a minimum threshold of welfare protection, thereby protecting all individuals in their jurisdiction from the destitution that may arise from austerity policies. The article concludes that the Court’s approach in cases where welfare reductions are under scrutiny points more towards a comparative or relative approach, an approach that compares the position of the applicant to others within the respondent state, rather than one that determines a welfare minimum in absolute and objective terms. Nonetheless, the article argues that this statement on insufficiency of benefits has the potential of contributing to a more substantively fair distribution of the cost of austerity in states facing a debt crisis.\u0000European Convention on Human Rights, welfare state, destitution, austerity.","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43980014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The plea of illegality as a limb of incidental review alongside the preliminary ruling procedure is examined in light of its raison d’être, nature, ratione materiae and personae scope and its interrelated characteristics with other remedies and procedures in the EU judicial system. This article considers the origin of anomalies in the inconsistent case law reaching different conclusions with regard to standing of different applicants on a selective basis in the transposition of national procedure of exception d’illegalité into the Rome Treaty with a general wording. It is argued that the broad interpretation of ratione personae scope of the procedure on the basis of the wording of Article 277 TFEU requires, in parallel, relaxation of the strict application of the admissibility requirements towards individual applications especially where irregularities might become apparent after the concrete application of the general act in order to prevent from carrying privileged or non-privileged status of applicants under the action for annulment to the plea of illegality. Plea of Illegality, Incidental Review, Acts of General Application, Legal Certainty v Legality, Complementary or Alternative Remedy.
{"title":"The Plea of Illegality as a Pillar of the Incidental Review","authors":"M. T. Karayiğit","doi":"10.54648/euro2019036","DOIUrl":"https://doi.org/10.54648/euro2019036","url":null,"abstract":"The plea of illegality as a limb of incidental review alongside the preliminary ruling procedure is examined in light of its raison d’être, nature, ratione materiae and personae scope and its interrelated characteristics with other remedies and procedures in the EU judicial system. This article considers the origin of anomalies in the inconsistent case law reaching different conclusions with regard to standing of different applicants on a selective basis in the transposition of national procedure of exception d’illegalité into the Rome Treaty with a general wording. It is argued that the broad interpretation of ratione personae scope of the procedure on the basis of the wording of Article 277 TFEU requires, in parallel, relaxation of the strict application of the admissibility requirements towards individual applications especially where irregularities might become apparent after the concrete application of the general act in order to prevent from carrying privileged or non-privileged status of applicants under the action for annulment to the plea of illegality.\u0000Plea of Illegality, Incidental Review, Acts of General Application, Legal Certainty v Legality, Complementary or Alternative Remedy.","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47457275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ireland has one of the least healthy populations in the European Union. It is amongst the very highest for rates of premature death, disability years and societal harm caused by poor diet and alcohol abuse. In response, the Irish Government has introduced two new laws. The first sets higher rates of taxation on sugar-sweetened drinks, as has been done elsewhere. The second, more controversially, restricts the marketing of alcohol in a variety of ways. The imposition of minimum unit pricing and the exertion of additional controls over advertising, sponsorship and branded clothing are all part of a range of measures designed to reduce alcohol misuse. Most significantly, a suite of compulsory health warnings have been proposed for labels. This has raised the ire of producers, retailers, and organizations opposed to protectionism. Noting the limitations placed on these schemes by international legal obligations, this report examines the problems and solutions available to contemporary legislators in Member States such as Ireland who seek the amelioration of public health issues through legislative and other controls.
{"title":"An Unhealthy State: Using Legislation to Address Public Health Issues in Ireland","authors":"C. Macmaoláin","doi":"10.54648/euro2019027","DOIUrl":"https://doi.org/10.54648/euro2019027","url":null,"abstract":"Ireland has one of the least healthy populations in the European Union. It is amongst the very highest for rates of premature death, disability years and societal harm caused by poor diet and alcohol abuse. In response, the Irish Government has introduced two new laws. The first sets higher rates of taxation on sugar-sweetened drinks, as has been done elsewhere. The second, more controversially, restricts the marketing of alcohol in a variety of ways. The imposition of minimum unit pricing and the exertion of additional controls over advertising, sponsorship and branded clothing are all part of a range of measures designed to reduce alcohol misuse. Most significantly, a suite of compulsory health warnings have been proposed for labels. This has raised the ire of producers, retailers, and organizations opposed to protectionism. Noting the limitations placed on these schemes by international legal obligations, this report examines the problems and solutions available to contemporary legislators in Member States such as Ireland who seek the amelioration of public health issues through legislative and other controls.","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41591358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article argues that, in the current period of crisis that the European Union is facing, and after the European elections of May 2019, an answer may lie in the strengthening of democratic participation of citizens in the life of the Union, and that European political parties could be one of the key features of this possible solution. Regulation no. 1141/ 2014 establishes several conditions for the registration of a political body as a European political party or a European political foundation, including the respect for the values on which the EU is founded, mentioned in Article 2 of the Treaty on European Union (TEU). The same Regulation also introduces an Authority entrusted with the task of ensuring that such conditions are respected. The article examines the powers of the Authority and offers a brief comparison with a similar body established in Italy, the Commission for the guarantee of political parties’ internal rules and for the transparency and control of political parties’ accounts. It also considers several practices adopted under Regulation no. 2004/2003, the former Regulation on European political parties and foundations. The article also focuses on the issue of compliance of European parties with requirements established by national laws. In conclusion, the article holds that the conditions set by Regulation no. 1141/2014 and the establishment of an Authority entrusted with surveillance of compliance with relevant EU law may appear useful in order to strengthen the position of European political parties as a means to increase the participation of European citizens to political life of the Union and as an instrument to defend democracy and constitutionalism in the EU; however the procedures established by the Regulation are too complex and the real power, in case of a suspected breach of fundamental values of the EU, belongs to European institutions, thus the decision is in the final instance a political one. European Political Parties, European Fundamental Values, Democracy, Constitutionalism, Registration of European Political Parties, Authority for European political parties and European political foundations
{"title":"European Political Parties and the Respect for the Values on Which the European Union Is Founded Between the European Legislation and the National Laws","authors":"G. Grasso, R. Perrone","doi":"10.54648/euro2019035","DOIUrl":"https://doi.org/10.54648/euro2019035","url":null,"abstract":"This article argues that, in the current period of crisis that the European Union is facing, and after the European elections of May 2019, an answer may lie in the strengthening of democratic participation of citizens in the life of the Union, and that European political parties could be one of the key features of this possible solution. Regulation no. 1141/ 2014 establishes several conditions for the registration of a political body as a European political party or a European political foundation, including the respect for the values on which the EU is founded, mentioned in Article 2 of the Treaty on European Union (TEU). The same Regulation also introduces an Authority entrusted with the task of ensuring that such conditions are respected. The article examines the powers of the Authority and offers a brief comparison with a similar body established in Italy, the Commission for the guarantee of political parties’ internal rules and for the transparency and control of political parties’ accounts. It also considers several practices adopted under Regulation no. 2004/2003, the former Regulation on European political parties and foundations. The article also focuses on the issue of compliance of European parties with requirements established by national laws. In conclusion, the article holds that the conditions set by Regulation no. 1141/2014 and the establishment of an Authority entrusted with surveillance of compliance with relevant EU law may appear useful in order to strengthen the position of European political parties as a means to increase the participation of European citizens to political life of the Union and as an instrument to defend democracy and constitutionalism in the EU; however the procedures established by the Regulation are too complex and the real power, in case of a suspected breach of fundamental values of the EU, belongs to European institutions, thus the decision is in the final instance a political one.\u0000European Political Parties, European Fundamental Values, Democracy, Constitutionalism, Registration of European Political Parties, Authority for European political parties and European political foundations","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44414121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Risks and Risk Transfer in Concessions","authors":"Gian Franco Cartei","doi":"10.54648/euro2019028","DOIUrl":"https://doi.org/10.54648/euro2019028","url":null,"abstract":"Concession and PPP Contracts, risk","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44287775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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