Call for Papers

The Utrecht Journal of International and European Law (UJIEL), is issuing a Call for Papers to be published in its forthcoming Special Issue on European Law (February 2018). The Board of Editors invites proposals from research institutes and projects who wish to showcase the work of their researchers in an Open Access Special Issue. Institutes and projects seeking collaboration are invited to email us atutrechtjournal@urios.org.

For further information please consult our website:www.utrechtjournal.org

Deadline for Submissions: 25 August 2017

The Utrecht Journal of International and European Law is an Open Access, peer-reviewed, biannual law journal of Urios, the Utrecht Association for International and European Law. It was founded in 1981 in Utrecht, The Netherlands. Our latest special issue was prepared in co-operation with The Public International Law & Policy Group (PILPG), a global pro bono law firm and Nobel Peace Prize nominee (http://www.utrechtjournal.org/15/volume/33/issue/84/).

Dutch DPA shares new data about the Right to be Forgotten

Three years ago, the European Court of Justice gave judgment in the Google Spain-case, which established the so-called ‘right to be forgotten.’ This right enables individuals to require from search engines that they remove irrelevant search results for searches on their name. Continue reading

Circumventing the EU’s Export Control on Cyber Surveillance

Data Security Breach

On 10 April, Al Jazeera revealed how “surprisingly simple” it can be to circumvent sanctions and export control on cyber surveillance technologies. Al Jazeera’s four-month undercover investigation exposed the practices of merchants who sell spyware technologies as a “wi-fi router” and thereby readily escape from authorities’ export control radar. The investigation brought to light, for instance, an Italian communications company’s readiness to execute a 20-million euro deal to export to Iran an IP-intercept system which could be used for spying citizens. The company may be able to evade the EU’s export control by labelling the intercept Continue reading

Maintaining the pressure: The EU leaves ICAO hanging despite ‘historic’ emissions agreement for civil aviation

In late 2016, the International Civil Aviation Organisation (ICAO) made headlines, reaching a long-awaited multilateral agreement on a global market-based measure (GMBM) to regulate carbon emissions from civil aviation. This was hailed as a ‘historic achievement’, with 65 countries responsible for 85% of emissions working together to protect the global climate. Importantly, the speed of negotiations was greatly catalysed by the European Union, which was set to reinstate its own unilateral aviation emissions trading scheme on 1 January 2017 should the ICAO fail to reach an agreement by the end of the previous year (Regulation 421/2014). In the nick of time, at its 39th meeting, ICAO reached an agreement on a global MBM, known as the ‘Carbon Offsetting and Reduction Scheme for International Aviation – ‘CORSIA’. It was clearly hoped that this would prevent the Union from proceeding with its unilateral approach. However, in its recent Proposal for a regulation amending the EU ETS, the Commission appears reluctant to immediately relinquish its leverage, raising political tensions and important legal questions regarding the compatibility of the two schemes.

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Better mutual recognition for better results on asset recovery: A new Commission’s proposal

Just before Christmas, with the objective of further enabling Member States to deprive criminals of their illicit gain, the EU Commission proposed the adoption of an(other) instrument in the field of freezing and confiscation of assets deriving from criminal offences.

Due also to obligations under international and EU law, asset recovery laws and strategies – in particular against organised crime – have been increasingly adopted by contemporary criminal justice systems. Attacking criminal wealth has, indeed, a strong preventive and strategic dimension: focusing on the property of criminal organisations, for example, helps law enforcement authorities reach through their top, and it gives more tools to neutralise and dismantle them. The idea that asset recovery is essential to tackle these organisations has been lately coupled with the conviction that it is helpful against terrorism, too. The Commission proposal was indeed announced at the beginning of 2016 with the ‘Action Plan for strengthening the fight against terrorist financing’. Continue reading

EU citizenship: a slipping anchor to hold on to rights? Brexit and the consequences for EU citizens with British nationality

This summer many European citizens woke up in shock. Whilst reading the newspaper, listening to the radio, scrolling on Facebook, having breakfast, we learnt that a small majority of the voters in the Brexit referendum voted to leave the European Union. Not only does the (potential) Brexit have consequences for the internal market and the economic and social rights of EU citizens, but it also threatens their status as such. This is shocking for EU citizens with the nationality of another Member State residing in the United Kingdom, because their status will be redefined. For instance, in the future they will no longer be able to rely on equal treatment based on EU citizenship in the United Kingdom. Possibly even more shocked were British nationals, who might now actually lose their status as EU citizens, either living in the United Kingdom or elsewhere in the European Union. This will significantly impact their possibilities to work, study, and take up residence in another EU Member State. Continue reading

Criminal Justice and Environmental Crime: how to tackle organized crime and ecocide?

by Prof. dr. John A.E. Vervaele & dr. Daan P. van Uhm

In the last decades, it has become increasingly clear that the protection of the environment is not only about a specific nature-related interest, but also about the systemic preservation of the commons of nature, which is essential for the life conditions of human beings and flora and fauna. The trade in endangered species puts not only their survival at risk; it deprives humanity of natural resources for their own survival and damages the biodiversity of planet earth. Emissions of greenhouse gases impact global warming and increase the sea levels, but also cause new phenomena such as El Niño in the Americas. These environmental harms are not land or border-related; their complex effects threaten all life on earth. Indeed, the exploitation of natural resources has become a global social problem and, thus, needs to be anticipated in social and scientific thinking.

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A Right to be Forgotten Case before the Japanese Supreme Court

On 31 January, the Japanese Supreme Court, for the first time in its history, handed down a decision regarding a so-called “right to be forgotten” case. The right to be forgotten—whose development the EU helped shape—entails an individual having the right to ask that a search engine remove search results linking to a specific result about him- or herself. The Japanese Supreme Court decided in favor of the search engine giant, Google, without referring to this emerging yet still contested right to be separated from one’s past online. Noteworthy, nonetheless, is that the Japanese Supreme Court laid down certain criteria with which to mandate the removal of search results. (The decision in Japanese is available here.) Continue reading

The Polisario Front Judgment of the EU Court of Justice: a Reset of EU-Morocco Trade Relations in the Offing

Credit: Katarina Dzurekova (CC BY)

On 21 December 2016, the Court of Justice of the EU (CJEU) gave its appeals judgment in the politically contentious Polisario Front case. The Court overruled an earlier decision of the General Court (GC, 2015) and decided that the EU-Morocco trade agreement does not apply to the territory of Western Sahara, which is claimed by Morocco as its own (see Sandra Hummelbrunner and Anne-Carlijn Prickartz’s analysis). The Court then went on to dismiss the action for annulment brought against the EU Council decision endorsing the agreement by the Polisario Front, a national liberation movement representing the Saharawi population indigenous to Western Sahara. In so doing, the Court largely followed Advocate General Wathelet’s advisory opinion, at least its first part (see on this Katharine Fortin’s analysis over at the UCall blog). The dismissal of the Polisario Front’s action may appear to be a victory for the EU Council and Morocco. However, in a manner reminiscent of Pyrrhus’s battles with the Romans in the 3rd century BC, it may well turn out to be a loss, and in fact a boon for the Saharawi. Although the CJEU held that the Front did not have standing to dispute the EU Council decision, this determination precisely followed from the Court’s recognition of the people of Western Sahara’s right to self-determination and the attendant exclusion of the territory from the trade agreement. Henceforth, the EU Council and Morocco have no other choice than to exclude products from Western Sahara from their trade agreements. Continue reading

How Failing Aggregates Brought About a Landmark Decision of the CJEU

by Kilian Klinger & Linda Senden

Copyright: Tablexxnx

The Court’s recent ruling in the Elliott case can be seen as a landmark decision as it was the first time the Court had to decide upon the normative value of European harmonised technical standards (HTSs). This took its starting point in the mere question brought before the Court, whether or not such acts, adopted by private European standardisation bodies (ESBs), are subject to the Court’s jurisdiction to give a preliminary ruling on their interpretation pursuant to Art. 267 TFEU. Before substantiating on the central argumentative underpinnings of the Court’s judgment, let us first briefly summarize the facts of the case. Continue reading