On April 17th, 2018, the European Commission proposed new legislation to facilitate and accelerate access to digital evidence across borders in criminal investigations. The proposal aims at providing enforcement authorities with new tools for cross-border investigations in the digital era. European Production and Preservation Orders (the Orders) would allow law-enforcement authorities of a Member State to compel service providers – both domestic and foreign – offering services in the European Union to disclose or preserve user data, regardless of the data’s location. With this proposal, the European Commission moves away from territoriality as the determinative factor for enforcement jurisdiction in cyberspace. Thereby it could possibly set an international precedent to modernize international law in the area of transborder access to e-evidence. Continue reading
On 10 November 2017, I had the honor to be the sole opponent for the (successful) public defense of Philip Linné’s doctoral thesis on ‘Regulating vessel-source air pollution: standard-setting in the regulation of SOx emissions’, at Gothenburg University (Sweden). The thesis concerns the regulatory response, at different scales, including notably the EU scale, to tackle the environmental and human health impacts caused by sulfur oxide (SOx) emissions from the exhausts of seagoing ships. In this post, I reflect on the international legality and especially the external effects of relevant ‘unilateral’ EU action to tackle SOx emissions, i.e., action that goes beyond what is required by international law. Building on, but also adding to Philip Linné’s insights, I argue that by taking unilateral action, the EU has accelerated the calendar for strengthening global environmental standards in respect of SOx emissions. Continue reading
Twenty years ago, Alexander Kreher wrote one of the first articles on EU agencies arguing for the growing importance of this ‘institutional phenomenon’, which was almost completely ignored within the academic literature of that time. Judging from the countless number of academic articles and the tremendous growth of the cumulative budget (via-s-via the Commission, see Figure 1), it seems that the importance of EU agencies has only grown. The development in researching and governing EU Agencies has gone from gathering the somewhat scattered creations of agencies in different policy areas, under different treaty provisions, with different powers and for different purposes, etc. to bringing them under one ‘EU agencies’ umbrella as part of the EU executive machinery distinct from the EU Commission. Indeed, EU agencies have been treated as an ensemble for the budgetary purposes, also at the European Parliament, where the practice of three agencies’ directors would defend budgetary proposals on behalf of all ‘EU agencies’. We have seen the creation of the ‘Common Approach’ and later a roadmap with a view of streamlining the creation and revision of the founding acts of EU agencies. Furthermore, EU agencies’ directors have organized themselves in a network of agencies’ directors to discuss common challenges. To what extent, however, should we treat them as one? Continue reading
by Kilian Klinger & Linda Senden
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
One of the big internet cases of this year, the Microsoft Ireland case, has come to an end about a month ago as the 2nd Circuit Court has handed down its ruling in favour of Microsoft. The case made quite a splash and has been covered before at the RENFORCE blog. With the verdict in, the time is ripe to revisit it and look at it again, this time from a different angle. Continue reading
On 11 May 2016, the European Parliament adopted a new regulation for Europol, which will enter into force on 1 May 2017. This Regulation establishes the – so far unprecedented political accountability mechanism in the EU – Joint Parliamentary Scrutiny. The introduction of a mechanism, which links political accountability fora of the EU and the national levels, is a revolutionary development for the evolving multi-level accountability system (of EU agencies). To enhance democratic legitimacy of the EU structures and decisions, the legislative and accountability roles of the European Parliament have grown significantly in the last decennia (Scholten 2014). Yet, never before did national parliaments become involved in holding EU entities to account, too. Continue reading
While the consequences of climate change have activists up in arms, the international community’s response has been fraught with stagnation, and remains somewhat disillusioning. After a series of disappointing Conferences of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC), all hopes are set on the Paris summit to be held later this year. In the midst of this stalemate, the EU has been profiling itself as a protagonist of the global climate, with an ambitious Climate and Energy Package. In its latest move, the EU has adopted Regulation (EU) No. 2015/757 (‘the Regulation’), which came into force on 01 July 2015, and lays out a monitoring, reporting and verification scheme (MRV) for ships. The MRV requires ships to monitor their CO2 emissions according to a verified monitoring plan, and report the results to the Commission. This step has been on the EU’s agenda for over five years, and forms the first concrete phase of the inclusion of maritime emissions in the Union’s own reduction commitment. While according to the EU, the scheme would bring ‘momentum for international agreement’, the shipping industry reacted coolly, warning that the EU initiative risked putting multilateral negotiations ‘in jeopardy’.
A look at the Advocate General’s opinion in Maximillian Schrems v Data Protection Commissioner.
Your average Facebook-using EU resident, whilst often being blissfully unaware of the laws that apply to his or her personal data acquired by Facebook, has probably shown some concern about privacy rights, especially since the 2013 Snowden revelations. Then a young Austrian law student, Maximillian Schrems decided to take this concern further and in 2013 lodged a complaint with the Irish Data Protection Commissioner about Facebook transferring EU residents’ personal data to the US, where, he asserted, it was insufficiently protected. The complaint was rejected, and the case went before the Irish High Court and eventually the Court of Justice of the European Union (CJEU). CJEU Advocate General Yves Bot (AG) issued an opinion on 23 September, advising the Court in how to decide upon the case. Privacy activists, including Schrems, have welcomed this opinion and commentators are now rushing to speculate what the consequences will be. Whatever the eventual outcome, the AG’s opinion is in line with recent CJEU decisions that emphasise the importance of the fundamental right to data protection over other rights, freedoms, concerns and/or interests. Continue reading