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Death penalty: key facts about the situation in Europe and the rest of the world

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Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

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The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld...
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Fully-funded PhD position in AI, Law and Public Power

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Erasmus University Rotterdam School of Law, department Law & Markets, is looking for a fulltime PhD researcher in AI, Law and Public Power (4,5 years with 20% teaching tasks). PhD AI, Law and Public Power Are you curious about how artificial intelligence is changing state actor powers? Do you want to conduct critical and in-depth legal research at the intersection of technology, law and power? And would you like to combine that with academic teaching? Then this PhD position at Erasmus School of Law is for you. Within the Law & Markets team, you will spend 4.5 years researching the legal regulation of AI in the public sector. How do we protect fundamental rights when algorithms help decide on who receives public benefits, how to perform enforcement or how to enact environmental policy? What is the role of the state, and where is the limit of government power in a data-driven society? You will have plenty of space to choose your own research angle and work in a multidisci...
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New rules applicable to property regimes for international married couples or registered partnerships

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By George Kazoleas, Senior Associate Lawyer at Dionysiou & Partners LLC (Cyprus) The EU Regulations clarifying the rules applicable to property regimes for international married couples or registered partnerships apply from 29 January 2019. Τhese are the Regulations (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships. The regulations establish clear rules in cases of divorce or death and bring an end to parallel and possibly conflicting proceedings in various Member States, for instance on property or bank accounts. In short, they bring more legal clarity for international couples [1] . As regard...
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CJEU Ruling C-57/23: Police May Rely on Internal Rules to Store Suspect Data

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Judgment of the Court of Justice in Case C-57/23 (Policejní prezidium): The police of a Member State may decide, on the basis of internal rules, whether it is ecessary to store the biometric and genetic data of a person accused or suspected of a criminal offence.  Where national law sets appropriate time limits for a review of the need to store those data, it does not necessarily need to provide for a maximum period of storage . A Czech public official was interviewed by the police in the context of criminal proceedings involving him. Despite his objections, the police ordered the taking of his fingerprints, the taking of a buccal smear on the basis of which the police established a genetic profile, the taking of photographs and the drawing up of a description of him. That information was entered into various databases.  In 2017, the public official was convicted by final judgment of, inter alia, misconduct in public office. In separate proceedings, he challenged the identific...
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An overview of the regulatory framework on Gambling Services in the European Union

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written by Efi Thoma * The European Union (EU) does not have a harmonized, single regulatory framework for betting companies. Instead, the regulation of gambling services, including betting, remains largely within the competence of individual Member States.  This results in a diverse and often fragmented legal framework across the EU. While the EU facilitates some level of cooperation and sets overarching principles, the specifics of licensing, operational requirements, and consumer protection measures vary significantly from country to country. Despite the lack of a unified framework, several key principles and EU-level instruments influence the national regulations of betting companies. More specifically, the Treaty on the Functioning of the European Union (TFEU) guarantees the freedom of establishment and the freedom to provide services within the EU. These fundamental freedoms mean that Member States cannot unjustifiably restrict betting companies legally established in ano...
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Facial recognition at airports: Individuals should have maximum control over biometric data

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During its latest plenary, the European Data Protection Board (EDPB) adopted an Opinion on the use of facial recognition technologies by airport operators and airline companies to streamline the passenger flow at airports [1] . This Article 64(2) Opinion, following a request from the French Data Protection Authority, addresses a matter of general application and produces effects in more than one Member State. EDPB Chair Anu Talus said:  “More and more airport operators and airline companies around the world are piloting facial recognition systems allowing passengers to go more easily through the various checkpoints. It is important to be aware that biometric data are particularly sensitive and that their processing can create significant risks for individuals. Facial recognition technology can lead to false negatives, bias and discrimination. Misuse of biometric data can also have grave consequences, such as identity fraud or impersonation. Therefore, we urge airline compa...
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ECtHR holds Russia accountable for widespread and flagrant abuses of human rights arising from the conflict in Ukraine since 2014

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In the case of Ukraine and the Netherlands v. Russia the European Court of Human Rights held Russia accountable for widespread and flagrant abuses of human rights arising from the conflict in Ukraine since 2014, in breach of the European Convention. The case concerned the conflict that began in eastern Ukraine in 2014 following the arrival in the Donetsk and Luhansk regions of pro-Russian armed groups, and escalated after Russia’s full-scale invasion of Ukraine beginning on 24 February 2022. It also concerned the shooting down of flight MH17 over eastern Ukraine in summer 2014, killing all those on board, many of whom were Dutch nationals. The Court found that Russia was responsible for repeated human-rights violations over a period of more than eight years. This included indiscriminate military attacks; summary executions; torture, notably rape as a weapon of war; unlawful and arbitrary detentions; intimidation and persecution of journalists and religious groups; looting ...
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