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News
‘Data adequacy is in the mutual interest of the UK and the EU, however the path to get there is fraught’ - Article by TechUK
The UK is a leader in digitally delivered services, estimates from the UK Department of International Trade show that in 2018 the UK exported £190.3bn digitally delivered services (67.1% of total UK services exports) and imported £91.1bn digitally delivered, a trade surplus of £99.2bn. This trade is underpinned by ...
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‘The mass electronic surveillance of all citizens? Not on my watch! confirms the ECJ’ by Jean-Francois Henrotte and Alexandre Cassart of Lexing Belgium
To catch thieves and murderers, Hercule Poirot, the famous fictional Belgian detective created by Agatha Christie, relied only on his ‘ little grey cells ’ and ‘ order and method ’. Decades later, police force, national security and intelligence authorities rely heavily on the exploitation of electronic communications
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The new EU special committee on Artificial Intelligence in a Digital Age (AIDA)
Ahead of anticipated legislative proposals from the European Commission, on 18 June 2020 the European Parliament set up a special committee on Artificial Intelligence in a Digital Age (AIDA) with the objective of analysing Artificial Intelligence’s (AI) impact on the EU economy. The Committee, chaired by Romanian MEP Dragoș Tudorache ...
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European Parliament adopts artificial intelligence (AI) regulation proposals
On 20 October, the European Parliament became one of the world’s regulatory pioneers in field of AI when MEPs adopted proposals covering an ethics framework for AI, intellectual property rights and liability for damage caused by AI. According to the European Parliament, the recommendations would ensure that the EU becomes ...
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'CEPS/QMUL Task Force flunks out e-evidence proposals and recommends strengthening and digitalisation of existing channels of judicial cooperation for cross-border data gathering in criminal matters
CEPS and QMUL recently concluded a Task Force on “Cross-border data access in criminal proceedings and the future of digital justice”. This extensive multi-stakeholder consultation process - which involved EU and national policy makers, private sector representatives, as well as lawyers and prosecutors, legal scholars, and actors from the civil ...
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The Commission publishes its Rule of Law Report
The European Commission’s Rule of Law Report 2020 was published on 30 September 2020. It consists of a general report and 27 country chapters (available in all EU languages) presenting Member State-specific assessments. The Commission also prepared a factsheet on the Rule of Law toolbox and a factsheet on the ...
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Commission publishes its 2021 work programme: ‘A Union of vitality in a world of fragility.’
The European Commission has set out its 6 priorities for the year ahead in its annual work programme for 2021 which concentrates on how Europe will seize opportunity and deliver on its ambitions whilst, in parallel, managing the pandemic.
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'The Schrems 2 decision and its implications for international data transfers' by Peter Wright of Digital Law UK
One of the clearest signs of life returning to something like normal as far as the European Union (“EU”) was concerned after the spate of Covid-19 related lockdowns in the first half of 2020 was the decision of the European Court of Justice (“ECJ”) in the litigation brought by Max ...
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NewsThe European Commission’s New Pact on Migration and Asylum
At the end of September, the European Commission proposed a new Pact on Migration and Asylum, which covers everything required for a comprehensive European approach to migration. The proposals deliver on Commission President von der Leyen’s commitment in her Political Guidelines. The Commission press release noted that ‘the current system ...
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European Council adopts conclusions on digitalisation to improve access to justice
On 13 th October, The Council adopted conclusions on seizing the opportunities of digitalisation for access to justice (see press release here ). In summary, the conclusions recognise that digital transformation continues to profoundly change people’s lives and that judicial systems, as a central pillar of the rule ...
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September case law digest
A selection of key cases and opinions from the Court of Justice of the EU.
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An uncertain future for the relationship between the Rule of Law and the EU Budget
A Proposal for Regulation on the protection of the Union’s budget in case of generalised deficiencies in the rule of law was put forward by the Commission on 3 May 2018. Since then, a big debate surrounding the rule of law concept and how this relates to the Union’s ...
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Law Society of England and Wales responds to Ministry of Justice consultation on retained EU case law
The Law Society of England and Wales has responded to a consultation by the Ministry of Justice on retained EU case law and the power for UK courts to depart from this.
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Law Society of England and Wales submits a response to the Commission consultation on the new competition tool
On 8 September 2020, Law Society of England and Wales sent a written response to the European Commission in respect of their proposed new competition tool.
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Commission President Ursula von der Leyen delivers her first State of the Union address
In her first annual address on the State of the Union, delivered on 16 September, Commission President Ursula von der Leyen set out the Commission’s priorities for the upcoming years. The EU State of the Union address, SOTEU, is the annual speech by the President of the European Commission to ...
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The UK Internal Market Bill and the Rule of Law
On Wednesday 9 September, the UK Department for Business, Energy and Industrial Strategy (BEIS) laid before Parliament the UK Internal Market Bill (UKIM). This is primarily concerned with the functioning of the UK market after the end of the transitional period, with provisions ensuring non-discrimination in the provision of ...
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Compromise reached on collective redress directive
On 30 June and 7 July 2020 respectively the Council of the European Union and the European Parliament’s Legal Affairs Committee confirmed the compromise text of a new Directive on representative actions for the protection of the collective interests of consumers, repealing Directive 2009/22/EC and paved the way for its ...
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2019 Hague Judgments Convention: will the EU sign it?
The European Commission has launched a public consultation on the EU accession to the 2019 Hague Judgments Convention, asking feedback from stakeholders whether the Convention provides sufficient safeguards to effectively protect the fundamental rights of EU businesses and citizens.
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‘Making rule of law conditionality ‘smart’: punishing governments not citizens’ by Sandro Gozi MEP
In a guest feature, Sandro Gozi MEP discusses the latest EU proposal to make the receipt of the EU funding conditional on the core values of the EU. He stressed that ’ the rule of law in the EU isn’t a ‘nice to have’, but an immovable basis upon which ...
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Internal Market Bill – View from the Law Society Wales Office
Jonathan Davies from the Wales Office of the Law Society of England and Wales discusses the key features and implications of the UK Internal Market Bill currently debated in the UK Parliament. This Bill potentially undermines the current devolution settlement by providing the UK Government with a suite of quick ...
