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NewsCase Law Digest May 2022
In this edition of the Case Law Digest, we take a look at the recent decisions made from the Court of Justice of the European Union from April to May 2022. These cases cover the de-referencing of allegedly inaccurate content, approximation of laws, air transport and unfair terms in consumer ...
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Finland and Sweden to join NATO
In a historic shift in their defence policies, Finland and Sweden will apply to join the NATO alliance, despite warnings from Russia. The accession of the two Nordic countries will expand the alliance’s mutual security pact at a crucial time. However, Turkey may present some hurdles along the way.
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Lessons from the Ukrainian cyber front
Russia’s cyberattacks on Ukraine in the lead-up to its invasion should be a wake-up call for Europe. The EU must quickly adopt the revised Network and Information Security (NIS2) Directive and improve its operational readiness.
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Ukraine: Is a chemical or biological attack likely?
Exploring key questions about chemical and biological weapons as, although large-scale use in Ukraine appears unlikely, concerns remain about targeted attacks.
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The ICC launches an investigation into Russia’s invasion of Ukraine
The International Criminal Court has now launched an investigation into Russia’s invasion of Ukraine. However, neither Ukraine nor Russia are State Parties to the Court’s Treaty, calling into question the jurisdiction of the Court.
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The European Chips initiative: EU industrial policy or a competition to create national champions?
The crucial importance of electronic chips for modern industries has been amply illustrated by the way a shortage of chips has held back European automobile production over the last year. The full scale invasion of Ukraine by Russia has then shown the critical importance of access to technology.
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Consultation on proposed directive on corporate sustainability due diligence
On 23 February, the Commission has published its proposed directive to encourage sustainable and responsible corporate behaviour and to apply human rights and environmental considerations in companies’ activities and corporate governance. Those interested can feedback their views to the Commission until 23 May 2022. UK businesses are likely to be ...
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The Council of the EU authorises member states to sign international agreement on e-evidence
On 5 April, the Council of the EU adopted a decision authorising member states to sign, in the interests of the EU, the second additional protocol to the Convention on Cybercrime of the Council of Europe (the Budapest Convention). The protocol aims to improve cross-border access to electronic evidence -operation ...
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Commission publishes the recommendation on recognition of professional qualifications of people fleeing Russia’s invasion of Ukraine
On 5 April, the European Commission published a recommendation for Member States on the recognition of academic and professional qualifications for anyone fleeing Russia’s invasion of Ukraine. However, the process for regulated professions, such as for lawyers, is less straightforward.
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Could a software code change slash Bitcoin’s energy mining by 99.9%?
Bitcoin and other blockchains use an algorithm that is powered by an energy-intensive computing process to validate and secure transactions called Proof of Work (‘PoW’). However, an alternative mechanism, Proof of Stake (‘PoS’) could prove to be better for the environment, as it would reduce the amount of energy needed ...
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Russia threatens to challenge trade sanctions at the WTO and is preparing retaliatory restrictions of its own
In response to the war in Ukraine, the EU has agreed to suspend the Most-Favoured Nation (‘MFN’) treatment for Russia at the World Trade Organization (‘WTO’).
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Experts warn MEPs of the risks involved in the proposed Artificial Intelligence Act
AI experts warned MEPs of the gaps in the EU Commission’s proposed Artificial Intelligence Act. While the intention to preserve fundamental rights and freedoms of EU citizens is most welcome, the proposal reiterates our limited understanding of artificial intelligence and that there is more to be done to close loopholes.
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Lessons learnt on the rule of law from COVID
As governments throughout Europe responded to the pandemic through the implementation of emergency measures, it became increasingly clear that there was a fine balance between the protection of the public from the threat of the virus and a breach of individual’s rights. As we start to see a decline in ...
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Commission publishes the proposal for a directive on corporate sustainability due diligence
On 23 February, the Commission published its proposal for a directive on Corporate Sustainability Due Diligence (see also here). The aim of the proposed law is to encourage sustainable and responsible corporate behaviour and to apply human rights and environmental considerations in companies’ activities and corporate governance.
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Case Law Digest March 2022
The first quarter of 2022 has seen some very interesting cases from the Court of Justice of the European Union (CJEU). In this edition of case digest, we take a look at summaries of recent decisions from the CJEU from January to March 2022 . These cases cover the following ...
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Commission publishes the proposal for the EU Data Act
On 23 February, the Commission published its long-awaited proposal for the regulation on fair access and use of data (EU Data Act). The Act is a key element of the European Strategy for Data published in 2019 and aims at creating a single market for data. The proposal’s main objective ...
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The crime of ecocide - where are we and next steps
In this guest feature, Robert Bray of the European Law Institute (ELI) takes a deeper dive at what has been done so far to add ecocide as an international crime. The proposal to classify ecocide as an international crime is gathering consensus at international and European level. Stop Ecocide International ...
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European Parliament approves its position on the Digital Services Act
On the 20th January, the European Parliament (EP) approved its position on the proposal for a Digital Services Act (DSA). The position gives green light to start negotiations, so-called trilogue, with the Council and Commission on the final shape of the new law. The Council of the EU (European Union) ...
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European Parliament Resolution on the assessment of the implementation of Article 50 TEU (Withdrawal of a Member State)
On 16 February, the European Parliament approved a resolution on the assessment of the implementation of Article 50 TEU
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Human Rights Act reforms and the UK’s relationship with the European Court of Human Rights by Hazel Blake
As the deadline (8 March) for the Ministry of Justice’s consultation on reforms to the Human Rights Act (HRA) draws closer, the Law Society is busy preparing its analysis of the proposals. The breadth and weight of the proposals make it clear that Dominic Raab is serious about his intention ...
