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Showing posts from February, 2024

Refusal to issue in addition to a passport, an identity card serving as a travel document, on the sole ground that a person is domiciled in another Member State, is contrary to EU law (ECJ)

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According to the Judgment of the Court in Case C-491/21 ( Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date ), the refusal by a Member State to issue to one of its nationals, in addition to a passport, an identity card serving as a travel document, on the sole ground that he or she is domiciled in another Member State, is contrary to EU law. That refusal restricts the right to freedom of movement within the European Union, creating a difference in treatment between citizens domiciled abroad and those domiciled in that Member State. Since 2014, a Romanian lawyer has been domiciled in France and carries out his professional activities in both France and Romania. In 2017, he applied to the Romanian authorities to be issued with an identity card, whether simple or electronic, as a travel document enabling him to travel to France. That application was rejected on the ground that he was domiciled abroad. Hearing that case, the High Court of Cassation and Justice (Romania)

Digital Markets Act: The application by Bytedance (TikTok) seeking suspension of the Commission decision designating it as a gatekeeper is dismissed

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According to the Order of the President of the General Court in case T-1077/23 (R| Bytedance v Commission), the application by Bytedance (TikTok) seeking suspension of the Commission decision designating it as a gatekeeper is dismissed. Bytedance has failed to demonstrate the urgency required for an interim order in order to avoid serious and irreparable damage. Bytedance Ltd is a non-operating holding company established in China in 2012 which, through local subsidiaries, provides the entertainment platform TikTok. By decision of 5 September 2023, the Commission designated Bytedance as a gatekeeper under the Digital Markets Act (Regulation (EU) 2022/1925 of 14 September 2022 on contestable and fair markets in the digital sector).  In November 2023, Bytedance brought an action for annulment of that decision. By separate document, Bytedance lodged an application for interim measures seeking suspension of that decision.  By his order, the President of the General Court dismisses Bytedanc

Vacancy: Legal Adviser at the International Labor Organization, Geneva, Switzerland

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International Labor Organization (ILO) based in Geneva, invites interested candidates to submit their curriculum vitae for the position of Legal Adviser. The position of Legal Adviser directs the Office of the Legal Adviser, which  is responsible for providing legal advice and a full range of legal services on all matters implicating the legal interest of the Organization, including legal opinions, Office documents, Memoranda or briefs, concerning its Constitution, membership, governance structure, rules and activities. All officials, whether at headquarters or in the field, in the performance of their functions are expected to seek legal advice and any necessary legal services on all such matters to enable them to act in the best interests of the Organization in accordance with ILO rules and procedures.  Education Advanced university degree (Master’s degree or equivalent) in law.  A first-level university degree (Bachelor’s or equivalent) in law with an additional two years of

Very serious threats to democracy, the rule of law and fundamental rights in Greece, finds a resolution of the European Parliament

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The European Parliament raised on 7.2.2024 the alarm over several worrying developments in Greece threatening the rule of law, and called on the Commission to act. In a resolution adopted with 330 votes in favour, 254 against, and 26 abstentions, MEPs express grave concerns about very serious threats to democracy, the rule of law and fundamental rights in the country. Media freedom Regarding media pluralism and the safety of journalists, MEPs complain about the lack of progress in the investigation into the murder of George Karaivaz in April 2021. They denounce that journalists are subject to physical threats and verbal attacks (also from high-ranking politicians), violations of their privacy with spyware, and abusive lawsuits –including from the Prime Minister’s entourage. Parliament also has concerns over the independence of the national audiovisual regulatory authority, the concentration of media in the hands of oligarchs, and the distribution of state subsidies. Spyware

Anonymous birth: Fair balance between applicant’s right to find out her origins and her biological mother’s right to remain anonymous in compliance with Article 8 of ECHR

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In Chamber's judgment dated 30.1.2024 in the case of Cherrier v. France (application no. 18843/20) the European Court of Human Rights held, by six votes to one, that there had been no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.  The case concerned the refusal by the National Council for Access to Information about Personal Origins (Conseil national pour l’accès aux origines personnelles – “the CNAOP”) to inform the applicant, who was born to anonymous parents, of the identity of her biological mother. The applicant had applied for information about her origins to be disclosed, but the mother had reasserted her choice not to reveal her identity.  The Court held that the refusal in issue had amounted to an interference with the applicant’s right to respect for her private life under Article 8 of the Convention. That interference was in accordance with the law and pursued the aim of protecting the biological mother’

Compensation for air passengers in the event of long delay of flights (ECJ)

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Passengers who did not present themselves for boarding for a flight which arrived with a long delay or who purchased a ticket for an alternative flight and arrived at the destination with a delay of less than three hours are not entitled to fixed compensation. In such circumstances, damage consisting in a loss of time cannot be established. This is the conclusion of two recent decisions of the CJEU published on 25.1.2024 [1]. According to the facts, a delay of more than three hours was announced in respect of two flights from Düsseldorf to Palma de Mallorca operated by the airline Laudamotion. Worried that the delay of the flight on which they had a reservation would cause them to miss a business appointment, two passengers decided not to take their flights. The first passenger’s flight arrived with a delay of 3 hours and 32 minutes. As for the second passenger, he independently booked an alternative flight and arrived at the destination with a delay of less than three hours in relatio

Employee monitoring: French Data Protection Authority fined Amazon France Logistique €32 million

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On 27 December 2023, the French Data Protection Authority (CNIL) fined Amazon France Logistique €32 million for setting up an excessively intrusive system for monitoring employee activity and performance. The company was also fined for video surveillance without information nor sufficient security. Amazon France Logistique   manages the Amazon group's large warehouses in France, where it receives and stores items and then prepares parcels for delivery to customers. As part of its activities, each warehouse employee is given a scanner to document the performance of certain tasks assigned to them in real time (storage or removal of an item from the shelves, putting away or packing, etc.). Each scan carried out by employees results in recording of data, which is stored and used to calculate indicators providing information on the quality, productivity and periods of inactivity of each employee. Following press articles about practices of the company in its warehouses, the CNIL c

Graduate Programme 2024 for EU Nationals in European Central Bank

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European Central Bank (ECB) is looking for 15 highly talented recent graduates with a postgraduate degree, eventually a PhD, for the ECB’s Graduate Programme offering full time monthly net salary €4,611 plus benefits. General Information  Type of contract: Two-year fixed-term contract starting on 1 September. It may be extended for one additional year upon successful completion of the programme. Who can apply?  EU nationals Salary  E/F (bracket 1 - step 1) full time monthly net salary: €4,611 plus benefits, for further information see  here . Working time:  Full time Place of work:  Frankfurt am Main, Germany Closing date:  21.02.2024 ECB is looking for 15 highly talented recent graduates with a postgraduate degree, eventually a PhD, for the ECB’s Graduate Programme.  You will have different ages, backgrounds and interests and will find intellectual challenges, varied opportunities and a people-centred working culture that gives you a voice and the chance to make an i

Torture and ill-treatment in places of detention in Europe: PACE calls for stronger action

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Adopting a resolution on allegations of systemic torture and inhuman or degrading treatment or punishment in places of detention in Europe, based on a report by Constantinos Efstathiou (Cyprus, SOC), the Parliamentary Assembly of CoE called for enhanced measures to combat and eliminate torture and other forms of ill-treatment in detention facilities. "The Council of Europe must ensure that the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment is upheld. Persons in detention are in a vulnerable position, and States are under a duty to protect their physical well-being and to account for any injuries suffered” , the Assembly said. Parliamentarians strongly condemned “the systemic or widespread use of torture and other forms of ill-treatment” in States such as Russia, Azerbaijan and Türkiye and cited reports that reveal videos and photos of torture and ill-treatment in Russian prisons, ‘Terter cases’ in Azerbaijan where detainees were

Editorial

Editorial
George Kazoleas, Lawyer