All News articles – Page 5
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Case law digest June 2021
This month we bring you the selection of several cases heard before the Court of Justice of the EU (CJEU), in particular Facebook Ireland, Venezuela v Council and the Department for Communities in Northern Ireland (on settled status of EU citizens in the UK).
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Surveillance Case Law: Key Developments
There have been two significant surveillance case law updates in May/June 2021: Big Brother Watch & Ors v United Kingdom and Centrum För Rättvisa v Sweden.
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Cryptofinance: Markets in Crypto-Assets (MiCA)
The term cryptocurrency has entered our everyday parlance to such an extent that it seems almost unmissable when reading the news. The issue facing governments is, of course, regulation. How does one begin to regulate a market which is relatively ‘new’, highly susceptible to volatility and appears to change almost ...
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National AI Insights: OECD and EU Commission Joint Report
Although governments have been aware of the need to utilise and implement AI, policies specifically relating to this are a relatively new phenomenon. As a result, there is a wide discrepancy between different countries’ approaches. In 2019, the OECD published five key AI Principles which were designed to act as ...
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Trustworthy AI: Developing an OECD Database
The use of Artificial Intelligence (AI) in society and its presence in shaping government policy is no longer a theoretical promise. On the contrary, almost every government now has significant swathes of its GDP devoted to promoting and developing AI systems which can be implemented in society. Accordingly, the need ...
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Commission adopts UK data adequacy decisions
On 28 June, the European Commission adopted two UK data adequacy decisions (one under the General Data Protection Regulation, GDPR, and another under the Law Enforcement Directive, LED). This means that data flows between the EU and the UK can continue without the need to adopt additional safeguards.
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Digitalisation of justice and legal services – overview of recent CCBE activities
Martin Sacleux, legal adviser with the Council of Bars and Law Societies of Europe (CCBE), shares the insights on the key challenges and issues related to digitalisation of justice and legal services that are discussed among European Bars and Law Societies.
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Strategic Lawsuit Against Public Participation (SLAPP): are we seeing their end in the European Union?
After the case of Daphne Caruana Galizia, the Maltese investigative journalist that was murdered in a car bomb, some European parliamentarians have been calling on the EU Commission to promote an anti-SLAPP EU directive which would give investigative journalists and media groups the power to request to rapidly dismiss “vexatious ...
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The future of courts by Peter Nicholson
How will the pandemic experience and the rapid development of remote court hearings affect the future conduct of civil litigation? That was the subject of an important day-long conference organised in May by the Judicial Institute for Scotland, with top level presentations from across the Scottish (and the wider) legal ...
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Mrs. Justice Siobhan Keegan appointed as first female Chief Justice of Northern Ireland
Mrs. Justice Siobhan Keegan has been appointed as Lady Chief Justice of Northern Ireland, making her the first woman to hold the highest judicial position in Northern Ireland.
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Biometric technology and fundamental rights by Iain G. Mitchell QC
The use of Biometric data is already a reality. There is a tendency to think of the use of such data as being simply a means (of greater or lesser reliability) of identifying people. In 2004, the Metropolitan Police Facial Recognition technology got it wrong 81% of the time. Though ...
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Broaden your horizons: Secondment opportunity
Exciting opportunity in Brussels for trainee solicitors/newly qualified solicitors/paralegals to gain international experience
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Case law digest April-May 2021
This month’s case law digest contains a number of important constitutional cases on judicial independence and the duty of national courts to request CJEU rulings. It also has updates on the European arrest warrant; Member States’ obligations to recognise the children of married same-sex couples; commercial parasitism towards products with ...
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Commission publishes its proposal for regulation of artificial intelligence (AI)
On Wednesday 21 April 2021, the European Commission released its proposal regarding legislation of AI within the European Union. It is accompanied by annexes and Communication on Fostering a European approach to Artificial Intelligence .
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New lobbying transparency rules in Brussels
On 20 May 2021, the European Parliament, the Council of the European Union and the European Commission signed the new inter-institutional agreement (IIA) on a mandatory transparency register. The agreement comes after several years of negotiations following the proposal from the Commission dating back to September 2016 and which ended ...
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Child online protection and interaction with Europe by David Wright
The UK Safer Internet Centre, a partnership of three leading UK charities and one of 32 European Safer Internet Centres, has existed over the last decade doing exactly this; protecting children online and enabling them to benefit from everything that technology offers them. It very much mirrors the UK Government’s ...
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Intelligence sharing and legal cooperation in the aftermath of the UK-EU TCA deal By Stefania Paladini and Ignazio Castellucci
A few months in the post-Brexit world, with the EU-UK Trade and Cooperation Agreement (TCA) now signed and ratified by the EU Parliament, the question about what is going to happen in terms of intelligence sharing, and more in general in legal cooperation between the EU and the UK, has ...
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European Commission outlines rejection to UK’s Lugano Convention application
The European Commission has published a Communication rejecting the UK’s application to join the Lugano Convention 2007. The Convention, which governs issues of international jurisdiction and the enforcement of foreign judgments in civil and commercial matters, was originally concluded between the EU and three EFTA states with the purpose ...
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Surrender Provisions – Refusal to Surrender under the EU-UK TCA
Following the EU-UK Trade and Cooperation Agreement (TCA) there have been potential issues raised surrounding effective law enforcement cooperation, in relation to the lack of European Arrest Warrants and loss of information provided by SIS II. However, what is also a main concern is the ability of EU Member States ...
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Spotlight on the CCBE activities in the area of Criminal Law
The Council of Bars and Law Societies of Europe (CCBE), represents the bars and law societies of 45 countries, and through them more than 1 million European lawyers. Criminal law is one of the areas in which the CCBE is particularly active through its Criminal Law Committee which has been ...