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In Chamber’s judgment   in the case of Danileţ v. Romania (application no. 16915/21) the European Court of Human Rights held, by a majority (four votes to three), that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned a disciplinary sanction imposed on a judge by the National Judicial and Legal Service Commission for posting two messages on his Facebook account. The Court found that the domestic courts had failed to give due consideration to several important factors, in particular concerning the broader context in which the applicant’s statements had been made, his participation in a debate on matters of public interest, the question whether the value judgments expressed had been sufficiently based in fact and, lastly, the potentially chilling effect of the sanction. In addition, the existence of an attack on the dignity and honour of the profession of judge had not been sufficiently demonstrated. In the

The Commission urges Germany, Spain, Latvia and Slovenia to comply with cross-border judicial procedures on the European Arrest Warrant.   The European Commission decided to send an additional letter of formal notice to Germany, Latvia and Slovenia and a reasoned opinion to Spain for failing to comply with the Framework Decision on the European Arrest Warrant and the surrender procedures between Member States ( Council Framework Decision 2002/584/JHA ). The  European arrest warrant  (EAW) is a simplified cross-border judicial procedure to surrender a requested person for the purpose of prosecution or executing a custodial sentence or detention order. Operational since 1 January 2004, the EAW has replaced the lengthy extradition procedures that existed between EU Member States. The Commission first sent a letter of formal notice to Germany in February 2021, to Spain in May 2021, to Latvia in December 2021 and to Slovenia in February 2022. On analysis of their replies, the Commissio

Six new judges of the International Criminal Court (ICC) were sworn on 8 March 2024, during a ceremony held at the seat of the Court in The Hague (Netherlands). During the Ceremony, participants also bid farewell to the six outgoing ICC judges ending their terms.  Judges Mr Keebong Paek (Republic of Korea), Mr Erdenebalsuren Damdin (Mongolia), Ms Iulia Motoc (Romania), Mr Haykel Ben Mahfoudh (Tunisia), Mr Nicolas Guillou (France) and Ms Beti Hohler (Slovenia) were elected for nine-year terms during the twenty-second session of the Assembly of States Parties (ASP) to the Rome Statute in December 2023.  The six new judges commenced their mandates on 11 March 2024 and will subsequently be called to full-time service on the basis of the workload of the Court. The six judges made a solemn undertaking in open court before the President of the ASP, H.E. Ms Päivi Kaukoranta, stating: "I solemnly undertake that I will perform my duties and exercise my powers as a judge of the Internati

Written by Efi Thoma, Lawyer LL.M. By adopting a hybrid akin model to Greece, i.e. the Hellenic Republic Asset Development Fund (“HRADF”), pertaining to the privatization of Cyprus’ major public assets, the following benefits may accrue to the Republic of Cyprus.  From a financial perspective, the Republic of Cyprus would be eligible to attract some serious investors who would feel safe to invest into big public-private projects and respond to public tenders, by trusting an independent body of international experts, acting in full transparency and in accordance to the rules of private economy, while safeguarding the public interest. Hence, the Cypriot economy could grow exponentially by improving its international image and securing high-quality investments with a positive spillover effect on the country’s real economy. Furthermore, a budgetary discipline and sound financial management of such joint initiatives in terms of the privatization of Cyprus’ public assets, through the est

The European Commission has fined Apple over €1.8 billion for abusing its dominant position on the market for the distribution of music streaming apps to iPhone and iPad users (‘iOS users') through its App Store. In particular, the Commission found that Apple applied restrictions on app developers preventing them from informing iOS users about alternative and cheaper music subscription services available outside of the app (‘anti-steering provisions'). This is illegal under EU antitrust rules. Apple is currently the sole provider of an App Store where developers can distribute their apps to  iOS users throughout the European Economic Area (‘EEA'). Apple controls every aspect of the iOS user experience and sets the terms and conditions that developers need to abide by to be present on the App Store and be able to reach iOS users in the EEA. The Commission's investigation found that Apple bans music streaming app developers from fully informing iOS users about alter

European Parliament adopted on 12.3.2024 new EU consumer-protection rules to better respond to increased online shopping, emerging technologies and the transition to a circular economy. EU consumers will soon have easier access to compensation for damage caused by defective products. MEPs adopted revamped rules previously  agreed on with EU governments on 14 December 2023 , with 543 votes in favour, 6 against and 58 abstentions. The updated directive simplifies burden of proof requirements for those claiming compensation and cancels the minimum damage threshold of 500 euro. While the claimant would normally have to prove that the product was defective and its faultiness caused the damage, now a court can presume it is defective, especially in the most technically and scientifically complex cases. The court can also order the business to disclose the “necessary and proportionate” evidence to help victims of damage with their compensation claims. The new rules also allow national con

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)

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

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

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