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Interventions in Justice System and the role of Artificial Intelligence

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by Giorgos Kazoleas, Lawyer LL.M.* The institution of Justice is not an impersonal entity unaffected by human qualities and weaknesses. In practice, it is a number of  professionals,  judges, who perform, as is commonly said, a supreme function, which is, however, a daily, systematic and repetitive task consisting mainly of adjudicating cases and issuing judicial decisions. Due to the particular importance and practical consequences that usually accompany judicial decisions, the work of judges is reasonable to be the subject of conflicting interests and the judicial judgment to be exposed to the risk or threat of being influenced by various factors including persons, social, business and political formations. In the grand scheme of things, a court decision in some part of the planet may have absolutely no significance, but in the microcosm of the people it may affect, this decision may acquire enormous value. The main threat to influencing the administration of justice i...
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European Commission refers Spain to the EU Court of Justice due to discriminatory tax treatment of non-resident taxpayers

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The European Commission decided to refer Spain to the Court of Justice of the European Union for having failed to remedy an infringement in relation to the free movement of capital ( Article 63 TFEU ) due to a discriminatory tax treatment of non-resident taxpayers.  When a payment for transfer of assets is deferred for longer than a year or is paid in instalments over a period longer than a year, resident taxpayers may pay the tax either when the capital gain accrues or proportionally deferred on a cash flow basis. However, non-resident taxpayers are not offered this possibility of deferral and must pay the tax when the capital gains accrue at the time of the transfer of the assets. On 2 December 2021, the Commission sent Spain a letter of formal notice followed by a reasoned opinion on 23 May 2024. In its formal replies, and in subsequent technical exchanges with national authorities, Spain has maintained that its tax legislation is in line with EU law. The Commissio...
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Greece: EPPO brings 100 suspects to court for €2.9 million fraud involving agricultural funds

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The European Public Prosecutor’s Office in Athens (Greece) has filed indictments in the Court of First Instance of Athens against a total of 100 suspects of fraud involving agricultural funds, for an overall damage of €2.9 million to the EU budget.    At issue are three indictments filed in the past months, following investigations into schemes to defraud the EU of subsidies for the use of pastureland.  Between 2017 and 2020, stockbreeders, mainly from Crete, successfully applied to EU agricultural funds destined to help the sector, paid by OPEKEPE, the Greek Payment Authority of Common Agricultural Policy (CAP) Aid Schemes, which is responsible for the management of the funds from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD). According to the investigation, the suspects submitted false declarations of ownership or falsified lease contracts of plots of land which in reality they did not own or ...
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The first international convention on protecting lawyers adopted by the Council of Europe

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The Council of Europe has adopted the first-ever international treaty aiming to protect the profession of lawyer. This is to respond to increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties (for example, obstacles to access to clients). Lawyers play a key role in upholding the rule of law and securing access to justice for all, including to vindicate possible human rights violations. Therefore, public confidence in justice systems also depends on the role played by lawyers. The  Council of Europe Convention for the Protection of the Profession of Lawyer  covers lawyers and their professional associations, whose role is vital in defending lawyers’ rights and interests as a profession. The Convention addresses entitlement to practise, professional rights, freedom of expression, professional discipline and specific protective measures for lawyer...
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PhD position in Law, Technology and the Human body

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Erasmus University Rotterdam School of Law, department Law & Markets, is looking for a fulltime PhD researcher in Law, technology and the human body (5 years with 20% teaching tasks). Job description The selected candidate will be embedded within the Law & Markets department, home of a vibrant and diverse academic community. The overarching mission of the Department Law & Markets is to develop and deliver cutting-edge, high-quality research and teaching on legal institutions shaping markets and their implications for socio-economic justice and sustainability. The research group specifically studies legal and societal problems generated in the complex dynamics of international, European and domestic laws regulating technology, trade, industry, investment, money, and more generally markets. The focus is on how to make the law in any form socially, environmentally and financially sustainable, how to deal with technological innovation on an inclusive basis and how to combine p...
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Consumer credit agreements: In the event of failure to comply with the obligation to provide information, a bank may be deprived of its right to interest

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The Court of Justice in its Judgment in Case C-472/23 (Lexitor) regarding the consumer credit agreements, ruled that, in the event of failure to comply with the obligation to provide information, a bank may be deprived of its right to interest.  This may be the case even where the individual seriousness of the infringement of that obligation and its consequences for the consumer are likely to vary from case to case. Lexitor is a Polish debt collection agency to which a consumer assigned rights arising from a credit agreement concluded with a bank. That company claims that the bank failed to fulfil its obligation to provide information to the consumer when the agreement was concluded. It brought an action before a Polish court seeking payment from the bank of a sum of money corresponding to the interest and charges paid by that consumer.  In supports of its claim, Lexitor submits, first, that the annual percentage rate of charge (APRC [1]) was overstated; in its view, one of th...
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DORA’s main provisions and their impact on CASPs

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written by Efi Thoma, Lawyer, LL.B. | LL.M. | IMES The  Digital Operational Resilience Act (DORA)  is part of the European Union's broader effort to ensure a safe and resilient digital financial ecosystem. DORA applies to a wide range of financial institutions, including banks, insurers, investment firms, and CASPs (Crypto-Asset Service Providers)  which are directly related to the rapidly growing sector of crypto-assets. DORA  is a key regulatory framework adopted by the European Union (EU) to enhance the operational resilience of financial institutions and markets, particularly in the face of increasing reliance on information technology (IT) systems and digital tools. The EU Regulation, which was introduced as part of the EU's Digital Finance Package, aims to ensure that financial institutions can withstand and recover from a variety of disruptions, including cyber attacks, system failures, and other digital operational risks. DORA applies to a broad range o...
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The European Union’s (EU) Competitiveness Compass in conjunction with the EU’s Climate Mitigation Projects

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Written by Efi Thoma, Lawyer, LL.B. | LL.M. | IMES The EU Competitiveness Compass and the EU’s Climate Mitigation Projects are both integral to the European Union’s strategy for fostering a resilient and sustainable future. While the Competitiveness Compass focuses on strengthening the EU's global competitiveness, the Climate Mitigation Projects aim to address climate change by reducing greenhouse gas emissions and promoting sustainability. More specifically, the EU Competitiveness Compass is a strategic tool developed by the European Commission to evaluate and track the EU's global competitiveness across key sectors. The goal is to ensure that the EU maintains and enhances its competitive edge in the global economy while meeting its climate goals. It is a part of the European Union’s broader economic and industrial policy to align competitiveness with sustainability. The EU Competitive Compass promotes innovation and digitalization acro...
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European Commission calls on the Netherlands and Portugal to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial in criminal proceedings

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Commission calls on the Netherlands and Portugal to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial in criminal proceedings. The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2024)2274) and Portugal (INFR(2024)2273), for failing to correctly transpose the Directive on the strengthening of the presumption of innocence and the right to be present at the trial in criminal proceedings ( Directive 2016/343/EU ).  The Directive is one of  six Directives  adopted by the EU to create common minimum standards ensuring that the rights of suspects and accused persons to a fair trial in criminal proceedings are sufficiently protected across the EU. The Commission considers that certain national transposition measures notified by the two Member States fall short of the requirements of the Directive.  In particular, the Commi...
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Private Public Partnerships (PPPs) in addressing the climate change and the transformative role of Financial Technology (Fintech)

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By Efi Thoma, Lawyer, LL.B. | LL.M. | IMES Fintech plays an increasingly important role in addressing climate change, especially in the context of public-private partnerships (PPPs). These collaborations can leverage the power of technology to drive innovation in sustainable finance and environmental impact.  Below are several significant fintech-driven projects in climate-focused public-private partnerships that are shaping the future of climate action: Green Bonds and Climate Financing | Project: European Investment Bank (EIB) and Green Bond Platform EIB has partnered with fintech platforms to develop green bond issuance systems. Green bonds are a key financing mechanism for funding projects that have environmental benefits. In collaboration with fintech companies, the EIB and other financial institutions are working on improving transparency, increasing efficiency in the issuance process, and expanding the green bond market to ensure capital is directed towards...
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