EU chemicals policy has been one of the most ambitious and detailed areas of the EU regulatory polity. In part five of RENFORCE Blog’s special series on the enforcement of EU law, Leander Stähler addresses a concrete challenge to enforcing these rules – the registration of chemicals – and highlights the potential of the Commission’s new strategy.Lees verder
Based on the member states’ responses to the rare but severe side effects of the AstraZeneca COVID-19 vaccine, one might be tempted to believe that there is no common approach to enforcing European Union (EU) medicines policy. In this post, the fourth in a special RENFORCE Blog series on the enforcement of EU law, Laurens van Kreij takes a more nuanced look at medicines policy’s complexities, and explains why the national responses were able to diverge so strongly. He thinks the chances of rapid and major change are slim.Lees verder
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.Lees verder
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?Lees verder
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!Lees verder
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. Lees verder
The Court of Justice of the EU has recently rendered an important judgment that will please animal welfare activists, especially those concerned about the welfare of animals outside the EU. Less pleased will be road transporters and foreign nations.
In Zuchtvieh-Export GmbH v Stadt Kempten, Case C-424/13, 23 April 2015, the Court held that the application of an EU Regulation concerning the welfare of animals during transport does not limit itself to road transports within the EU. According to the Court, it also applies to such transports between an EU place of departure and a non-EU place of destination. This means that, in the case, a cattle transport leaving from Kempten in Germany and arriving in Uzbekistan had to comply with EU law also after crossing the external EU border, notably on the territory of the Russian Federation. The exporter will now have to ensure that after 14 hours of travel, a rest period of at least one hour should be organized, during which the animals must be given liquid and if necessary fed. Subsequently, the animals may be transported for a further period of up to 14 hours, at the end of which animals must be unloaded, fed and watered and be rested for at least 24 hours. These rules are far stricter than what the exporter had planned to enter into his journey log: he had planned only two rest periods, one upon crossing the external EU border and another in Kazakhstan. The journey between those points was expected to take 146 hours (entirely in accordance with local legislation). Lees verder