Access to justice and EU enforcement agencies in the field of migration: an emerging problem

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.

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The EU Global Human Rights Sanctions Regime: How to Enforce Member States’ Compliance with Travel Bans?

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?

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For EU law enforcement strategy and theory building!

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!

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Time to put EU legislation in the limelight

Ton van den Brink and Dorin-Ciprian Grumaz

EU legislation has long been the forgotten stepchild in EU law and the study thereof. Given the major transformations it has undergone and an ever more complex relation to national law, it is time to put EU legislation in the limelight, argue Ton van den Brink and Dorin-Ciprian Grumaz.

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“Stuck in the middle with you”, the case for keeping illiberal Hungary and Poland within the EU (for now)

Kees Cath

Poland and Hungary’s threatening to block the EU budget because of the link between the Multi-Annual Financial Framework (MFF) and the rule of law, in combination with their continued undermining of the rule of law domestically has led to a debate on whether these countries should remain in the EU. In this post PhD student Kees Cath argues that working towards expulsion would not be appropriate at this point.

The opinions expressed in this article are the author’s own point of view.

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Reflection on the GDS webinar by Sandra Wachter: ‘The (im)possibility of algorithmic fairness’

Machiko Kanetake, Lucky Belder and Karin van Es

© iStockphoto.com/PayPau

What regulatory frameworks does the EU have to detect and rectify biased algorithms? Unfortunately, some of the celebrated legal frameworks in the EU on data protection and non-discrimination do not seem to be fit for purpose in the age of automated decision-making, as Sandra Wachter elucidated in her Utrecht University webinar on 26 January 2021 hosted by the Special Interest Group ‘Principles by Design: Towards Good Data Practice’.

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DMA: a step forward in ensuring swift intervention in the digital sector but flexibility is key

Carla Farinhas

This blogpost is part of a series of short commentaries on the European Commission’s proposals for a Digital Markets Act and a Digital Services Act, released on 15 December 2020. Stay tuned for more.

Competition law enforcement takes too long

The Commission has heavily fined large technology companies for breach of competition rules in recent years. However, it is common ground that the protection of competition in the digital sector is at risk. There are gaps in the existing rules, but one of the main difficulties is the fast-changing pace of digital markets which is at odds with the time it takes to complete case-by-case full-fledged investigations.

Cases that take years to decide risk being all for naught if the practices harm competition in an irreparable manner while the investigation is ongoing. However, streamlining investigations in the digital sector is not easy. Cases tend to raise new and complex issues and the authorities always need to gather solid evidence to prove that the rules have been breached and follow due process.

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Solidarity during the Covid-19 crisis within the European Union – a legal principle or just a pivotal political aspiration?

Anne Joppe

The principle of solidarity is called upon mostly in times of crisis, as happened, for example, during the Eurozone crisis and the refugee crisis. During the current crisis as a consequence of the Covid-19 outbreak, the EU calls again for solidarity among the Member States to combat the pandemic. Global solidarity is mentioned also as a sort of founding value of the EU vaccines strategy.

Nevertheless, it is unclear what the principle actually entails. The situation after the Covid-19 outbreak allows to investigate whether there is indeed a legal value or notion of European solidarity that can be enforced, whilst we also see national reflexes of protecting the own citizens and market in times of crisis. The latter seems to prevail in the dispute between the EU and the UK about the AstraZeneca vaccine, for instance. Where the EU calls on a fair and ‘solidary’ distribution of the vaccines throughout Europe, the UK seems to prioritise its own programme and wants the company to favour the UK, even though that might threaten the relationship with the EU.

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Setting the dark on fire

Viktorija Morozovaite

This blogpost is part of a series of short commentaries on the European Commission’s proposals for a Digital Markets Act and a Digital Services Act, released on 15 December 2020. Stay tuned for more.

Digital advertising has become the bread and butter for digital platforms providing content and services online. The highly anticipated DMA and DSA proposals include provisions that jointly tackle issues that surfaced in these opaque markets. The overarching goals are far-reaching with rules aimed to curb structural market concerns caused by gatekeeping platforms and to strengthen online users’ rights. When it comes to advertising-specific rules, the overarching theme in both documents is transparency.

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‘If the product is free, you are the product’ – A vision of humanity in the Digital Services and Digital Markets Acts

Pauline Phoa

This blogpost is part of a series of short commentaries on the European Commission’s proposals for a Digital Markets Act and a Digital Services Act, released on 15 December 2020. Stay tuned for more.

Is the EU’s regime, including the Commission’s recent proposals in form of the DSA and DMA, fit to face the demands of our era of Big Tech and ‘big data’? I think the challenges posed by new technological developments necessitate a rethinking of the foundations of the regulatory system.

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