Fundamental Rights

This post explores the Court of Justice’s ruling in KS and KD v Council, expanding its jurisdiction in Common Foreign and Security Policy (CFSP) matters while balancing judicial oversight with strategic political decisions, especially regarding human rights in EU missions.

The ECtHR held that States have a human rights obligation to mitigate the climate crisis. It heavily relied on the Aarhus Convention to broaden standing of environmental associations but noted in passing that it is not applicable to climate litigation. We disprove this statement.

This post concerns a question which ought to be of concern to all who practise in or study EU law: does the EU administrative law acquis provide the Union’s courts with the tools they need to supervise the exercise of Union power across a range of competences?

This article examines how the EU's media protection legislation—specifically the EMFA—does not sufficiently secure media pluralism guarantees in two Member State case studies, Hungarian public media and Italian private media.

This piece aims to provide a deeper overview of the EU’s direct commitment towards the LGBTIQA+ community during the EU legislative term 2019-2024.

This post it shows how unanimity voting can function as a tool to preserve the unjust status quo to the detriment of minority rights, and contrasts the pragmatic nature of the travaux préparatoires of Article 19 TFEU with the principled approach of the US debate.

This post discusses the different forms of control envisaged for data subjects over the secondary use of their health data, describes the respective positions of different institutions, and discusses them in light of the Finnish law.

This post addresses the question: to what extent does the revised Single Permit Directive contribute to the EU’s toolbox to protect and safeguard migrant works from abusive employers or simply maintain the status quo?

This post argues that a ban on fossil advertising is a necessary, albeit insufficient, measure in the urgent quest to curb climate change—and importantly, it is perfectly legal.

This post discusses the prohibition of religious signs in the workplace, focusing on the justification based on entirely neutral administrative environment.

This post argues that the right to academic freedom as provided by Article 13 CFR remains under-investigated in the EU law.

This blog analyses the cases E.D.L. and the Opinion of the AG in GN, and discusses their influence on the two-step test, the future of mutual trust and protection of fundamental rights in surrender cases.

This post first covers the main aspects of the judgment in the Deutsche Umwelthilfe case before offering some commentary on the legal effects of international law in the EU legal order and in particular the Aarhus Convention.

This post argues that because children are often not mentioned explicitly in the positions taken by the Parliament, the Council and the Commission, it is not clear what effect the AI Act will have for children in AI contexts.

This post argues that The General Court’s idea that an absence of causality is sufficient to dismiss the case is without any legal or logical basis, a confusion of competences with causes.

This post analyses the effectiveness of the proposed European Media Freedom Act regarding the protection of journalists, assesses the amendments proposed by the LIBE, and argues that they fail to offer a sufficient level of protection for journalists.

This post discusses the use of the infringement proceeding as a lawful route to claim violations of Article 2 TEU, evaluates its effect, and addresses the definition of the values given by the Court of Justice and its necessary character. 

This blog post will provide a short recap of the Oral Hearing in the case G.K and Others, which took place before the Grand Chamber on 27 February 2023.

This post argues that the ECtHR functions as an important guardian of the right to a fair trial in cases where the national court refuse to seek a preliminary ruling from the CJEU.

This report is a summary of the oral hearings based on the author’s own observations and notes. Notably, it should not be understood as a thorough analysis of Article 22 GDPR.

This post argues that by not engaging in intersectional analysis of the alluded religious and gender discrimination, the Court forewent an opportunity to inch closer to acknowledging intersectionality.

This post examines the Court’s definition of the essence of ne bis in idem in the case law leading up to bpost and AG Bobek’s critique thereof, before evaluating the Court’s latest definition.

This post analyses the recent Full Court judgments of Cases C-156/21 Hungary v Parliament and Council and C-157/21 Poland v Parliament and Council.

This post explores the effect of the proposal for regulating political advertising might affect freedom of expression, and the legal basis for the proposed regulation.

This post explores the interface between the GDPR and journalistic activities and draws on GDPR proceedings from various EU Member States to illustrate the potential of the GDPR to be instrumentalised as a SLAPP strategy.

This post while situates the case C-709/20 CG within the Union citizenship case law.

This blog post argues that the proposed AI Regulation does not sufficiently protect individuals from harms arising from the use of AI technology.

In the following blog post, the new EU sanctions regime will be subject to a SWOT (Strengths-Weaknesses-Opportunities-Threats) analysis.

This blog post reveals how the discussion of the European Magnitsky Act evolved within the EU, what changes it introduces and what gross human rights violations will be targeted.

This post explores the drafting history of the Charter of Fundamental Rights of the European Union, and more specifically its role in reinforcing fundamental rights protection in the EU.

This post discusses the European Commission’s most recent attempt to address access to justice in environmental matters.

This post briefly presents the facts of the case and divides the main outcomes of the two judgments in three victories for one or the other camp, without pretensions to be exhaustive on every single point of the judgments.

This post will analyse the Court’s judgment in the case C-78/18, comment on the importance of the case in the ongoing EU rule of law crisis, and highlight the Court’s approach towards so-called ‘integrated Charter infringements’.

This post argues that the ECtHR should reconsider its case law and align it with the Directive in order to ensure the same level of protection for all Member States of the Council of Europe (CoE).

This post deals with the embedded assessment of a third country’s national security powers under the General Data Protection Regulation and addresses the criticism that a third country is held to stricter standards than a Member State of the Union.

This post will, outline the jurisdiction and the admissibility of the infringement proceeding, discuss the merits of the case, and conclude with some comments on the significance and the potential outcome of the proceedings.

This post seeks briefly to summarise the background and the Political Declaration before outlining the sides’ opening negotiation gambits and noting three paradoxes.

This post focuses on the AG’s arguments concerning the exclusive jurisdiction of the Court of Justice over the definitive interpretation of EU Law.

This post will argue that it would be more normatively desirable for the European Union’s legislature to adopt measures in order to preserve these electoral rights for UK citizens.

This post scrutinizes the role of different European and Maltese institutions on the Pilatus Bank scandal and studies certain problematic aspects of whistle-blowing, banking supervision and money laundering legislation.

This post maps out what might now be safely described as the current position on the horizontal effect of fundamental rights in the European Union and attaches a threefold (mostly positive) meaning to the Bauer judgment.