02 December 2024
Data Retention Laws and La Quadrature du Net II
La Quadrature du Net II has been criticized for allowing generalized metadata retention measures. However, it is important not to lose sight of the fact that the law must not become a mechanism for protecting criminals. The scale of online rights violations are a real problem. P2P networks are not only a threat to copyright protection, but also an environment for the distribution of content related to serious crime. It is therefore necessary to strike a balance between these two concerns and to propose solutions that adequately protect users without guaranteeing impunity for criminals. Continue reading >>
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02 December 2024
Squaring the Circle
La Quadrature du Net II, which allows for the general retention of IP addresses to combat copyright infringements committed online, should not be viewed as carte blanche for general data retention measures by the Member States. Instead of watering down fundamental rights protection on a case-by-case approach, Member States should agree on guarantees and safeguards as well as a list of serious crimes allowing only the restricted use of targeted data retention in specific cases. Continue reading >>
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26 November 2024
Protecting Victims Without Mass Surveillance
Mass data retention is on the rise. In the current heyday of security packages in Germany, we are now witnessing a “super grand coalition” in favor of mandatory IP address retention. Some are calling for greater protection for victims through data retention. Yet, what one often overlooks is the following: The investigative capacities of law enforcement authorities have never been better, and the digital data pools that can be analyzed have never been larger. Hence, victims must be protected without mass surveillance. Continue reading >>
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26 November 2024
Keine allgemeine Verfassungsaufsicht über die Unionswerte im Vertragsverletzungsverfahren
Am 19. Dezember 2022 reichte die Europäische Kommission in der Rechtssache C-769/22 eine Vertragsverletzungsklage ein, in der sie im zweiten Klagegrund eine eigenständige Verletzung von Art. 2 EUV geltend machte. Dies löste eine breite Diskussion darüber aus, ob der EuGH seine Wertejudikatur in Zukunft so weiterentwickeln könnte, dass Art. 2 EUV auch als eigenständige Rechtsgrundlage herangezogen werden kann – ohne eine Verbindung zu spezifischen Bestimmungen des Unionsrechts. Continue reading >>26 November 2024
European Society Strikes Back
“This is a frontal and deep attack against the … European society.” With this remarkable statement the Commission has started the “largest human rights battle in EU history”: the infringement proceedings against the Hungarian anti-LGBTIQ* law. The Commission claims that this law breaches the internal market, the Charter rights and the Union’s common values enshrined in Article 2 TEU. The “mega hearing”, which took place on 19 November 2024, is now facing its ultimate test: can the Member States’ compliance with Article 2 TEU be reviewed before the Court of Justice? Continue reading >>04 November 2024
Two Courts, Two Visions
The diverging standards of protection concerning the right to a fair trial, as interpreted by the CJEU and the ECtHR, remain a critical obstacle to the EU’s renewed attempt at accession to the ECHR. In this field, the two Courts seem to be drifting further apart rather than converging, leading to unresolved conflicts between the standard of fundamental rights protection and mutual trust obligations in the EU. Except in the unlikely event of a course-correction by the CJEU, this means that we are no closer to accession today than we were ten years ago, when the now-infamous Opinion 2/13 was handed down. Continue reading >>
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30 October 2024
The EU Charter’s Odyssey
Since its inception, the Union has grown into a tremendously powerful political actor through ever-increasing legal harmonization. This development has significantly marginalized the role of national apex courts – the lighthouses of democracy. Moreover, the globally observed trajectory of authoritarian forces is shaking EU's roots and questioning the vision of a lasting European polity. To fend off all these challenges, the Union should be centred around the hard-won humanistic freedoms and common values defined in the Charter, serving as a basis for common identification and a canvas to project shared visions of a political entity. Continue reading >>
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05 June 2024