In this post, part of a special RENFORCE Blog series on the enforcement of EU law, Salvatore Nicolosi acknowledges the potential of EU migration agencies to support Member States in enforcing EU rules, but explains how an enhanced form of EU law enforcement through agencies should not be detrimental to the legal guarantees of migrants.Continue reading
In this second post in RENFORCE Blog’s special series on enforcement, Cedric Ryngaert highlights the Commission’s unsuccessful attempts to expand its limited enforcement powers over travel bans in the context of the recent adoption of the Global Human Rights Sanctions Regime. If centralized EU-level enforcement of travel bans is desirable, how might it be secured: through treaty change, or political pressure?Continue reading
Calls for EU law enforcement are a common and logical response to address recent challenges – and crises – across multiple policy sectors, but may face constraints of a legal, political and practical nature. According to Miroslava Scholten, these constraints are exactly where we all need to focus in order to ensure the resilience of the EU into the future. Today, on May 9, the Day of Europe, we make a start of a special blog post series by RENFORCE experts to put the need for more and better enforcement of EU law in the spotlight. Check our blog page out in the coming days!Continue reading
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