EU Decision Research Articles

Data Protection Considerations in Competition Law Assessments: A Qualitative Document Analysis of EU Decision Texts

Abstract Personal data are both protected by a fundamental right and serves as a source of market power. As such, a complex interplay between data protection and competition law arises, sparking debate among policymakers and scholars on whether to incorporate data protection considerations (DPCs) in competition law assessments. Proponents argue that competition cases involving such an interplay require a normative contribution from data protection law, while opponents emphasize the practical challenges of considering data protection as a non-economic public policy objective. We identify nine ways in which data protection might ultimately surface in competition law assessments, categorized into five areas: (i) competition enforcement actions, (ii) existing legal and regulatory framework, (iii) personal data collection, (iv) exclusionary abuses, and (v) alleviation of competition concerns. Using a multiple-step approach for qualitative document analysis, we explore how these considerations have surfaced in the European Commission’s decisional practice through a dataset of 2.041 EU competition decision texts based on articles 101 TFEU and 102 TFEU and the EU Merger Regulation. We identify 53 decisions where DPCs have surfaced, especially in the information and communication industry, where they are more frequently subjected to commitments. In line with the evolving literature, we observe an increasingly integrationist trend as these considerations surface more frequently, particularly since the adoption of the General Data Protection Regulation in 2016 and the Digital Markets Act proposal in 2020. We also find a pattern where data protection provisions are included in commitments as a ‘tick-the-box’ exercise. Several influential alleviations of competition concerns suggest that the Commission is more comfortable using data protection to approve transactions unconditionally rather than as a substantive argument for commitments. We conclude by making a case for a more collaborative approach based on the European Court of Justice’s recent Meta Platforms (2023) judgment. Data protection should be considered in competition law assessments if its normative contribution is required. Such a stance would simply align with the internal logic of competition law without unlawfully expanding its material scope.

Actuarial implications and modeling of virus yellows on sugar beet after the EU's ban on neonics and climate change

Following the EU's decision to ban neonics, this article investigates the impacts of virus yellows on sugar beet yields under the ban and under current and future climates. Using a model that factors in key variables such as sowing dates, phenological stages, first aphid flight and aphid abundance, simulations are performed using long-period climate datasets as inputs. Coupled with incidence and sugar yield loss assumptions, this model allows to reconstruct the impact of virus yellows on sugar beet yields using a so called ‘as if’ approach. By simulating the effects of viruses over a long period-of-time, as if neonics weren't used in the past, this methodology allows an accurate assessment of risks associated with virus yellows, as well as impact of future agro-ecological measures.The analysis provides in addition an actuarial rating for an insurance policy that compensates the losses triggered by those viruses.

Вимоги до клінічного оцінювання медичних виробів у законодавстві Європейського Союзу та України

ABSTRACT. Within the framework of the association agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, Ukraine has committed itself to gradually achieve compliance with EU technical regulations and systems of Standardization, Metrology, accreditation, conformity assessment work and market surveillance of the EU and has committed itself to adhere to the principles and practices set out in current EU decisions and regulations. Aim. To carry out a comparative analysis of approaches to the technical regulation of medical devices and their clinical evaluation. Materials and methods. An analysis of EU and Ukrainian regulatory acts in the field of technical regulation of medical devices and their clinical evaluation was carried out. Results. The provisions of the EU regulation governing the issue of clinical evaluation of medical devices are considered. Attention is focused on the approaches and requirements of the EU in the field of regulation of medical devices regarding their clinical evaluation, as well as on regulatory and legal aspects of the regulation of clinical evaluation of medical devices in Ukraine. The authors made proposals for improving the legal regulation of clinical evaluation of medical devices in Ukraine in accordance with EU requirements, in particular, the requirements for the clinical evaluation plan and the report on its results. Conclusions. The regulatory framework for conducting clinical evaluation of medical devices needs to be improved. When developing and implementing it, it is necessary to take into account the following aspects: new definitions of terms, improvement of the procedure for conducting clinical evaluation of medical devices, mandatory and requirements for post-monitoring clinical observation and postmonitoring supervision. Keywords: medical devices, clinical assessment, clinical data, post-monitoring clinical observation, post-monitoring supervision.

Юридическая хроника

The June Chronicle presents comments on the EU decision to confiscate part of the proceeds from frozen Russian assets, judicial practice on the issues of jury trial competence, registration of share participation agreements in construction in the register of real estate rights, ECHR decisions on climate cases, updating the problem of the lack of a clear legal regime for apartments and jubilee medals

THE ISSUES OF CHALLENGING EU SANCTIONS DECISIONS: MECHANISMS AND CJEU CASE LAW ANALYSIS

This article examines the legal framework and judicial oversight of the European Union's (EU) restrictive measures, which are integral to the EU’s Common Foreign and Security Policy (CFSP). The focus of this study is on the mechanisms available for challenging these measures and the pivotal role played by the Court of Justice of the European Union (CJEU) in ensuring their legality and procedural fairness. Through a comprehensive analysis of relevant case law, this article explores the procedural requirements for challenging sanctions, including the prerequisites for standing, the timelines for lodging complaints, etc. It highlights the CJEU’s approach to balancing the EU’s policy objectives with the protection of fundamental rights, emphasizing the court’s scrutiny of the Council of the EU's decisions and the necessity for robust evidence supporting sanctions. Key findings include an examination of the evolving landscape of EU sanctions in response to geopolitical events, such as the conflicts involving Russia and Ukraine, and the legal challenges that have arisen from these measures. The article provides insights into the broader implications for international law and the ongoing need for judicial oversight to ensure the effectiveness and fairness of EU sanctions.

Usage of Building Passports and BIM in Multi-Criteria Evaluation

This paper presents a proposal for a multi-criteria evaluation methodology for partial building structures. The use of the multi-criteria methodology allows, in contrast to the usual assessment of the sustainability of buildings (e.g. for building certification), the assessment of individual building structures, which is essential, especially for the renovation or reconstruction of existing buildings. The survey aims at administrative buildings of public administration, however, the design of the methodology can be applied to a variety of building structures. The authors carried out research into innovative ways of using building information tools that are important for making the overall property management in facility management more efficient. The paper focuses on the possibility of using information based on these building information tools. One of the possibilities how to make building management more efficient and increase human performance can be using building-specific information along with providing a pleasant healthy workplace. Maintenance, renovation or reconstruction represent a significant cost over the entire life cycle. However, it is necessary to set limit conditions defining the level above which the condition of buildings should be maintained in relation to their purpose and demands placed on them. The article also responds to an anticipated EU decision that shall lead to renovations or reconstructions of office buildings as a result of efforts to reduce their emissions impact and energy intensity. Thanks to the proposed methodology, the owner which specifically in this article is the state and public administration, will be able to better evaluate both the financial impact and other criteria important for the choice of a specific type of construction, product and implementation procedures.

Assessment of the strategic competitiveness of HE’s graduates in the labor market in the context of the challenges of the war in Ukraine and the EU's decisions for the European year of skills: a competency-based approach

Assessment of the strategic competitiveness of HE’s graduates in the labor market in the context of the challenges of the war in Ukraine and the EU's decisions for the European year of skills: a competency-based approach

6.E. Workshop: Evaluating progress in adaptation in the European public health sector

Abstract Most national climate adaptation plans and strategies mention risks to human health. However, this is not often translated to specific policies, measures or targets to reduce these risks. The ENBEL project, funded by the European Commission under the H2020 program LC-CLA-22-2020, aims to support European policy making on climate change and health. In this workshop we present the results of recent research on the implementation of adaptation measures in Europe and review the evidence needs of EU, national and international decision makers. The workshop aims to support evidence translation for adaptation that prioritises health protection and equity. The workshop will include presentations on stakeholder mapping and interviews with key decion makers, as well as a comparison of current policies in health adaptation. We review the recent European policies on COIVID recovery and evaluate whether these will benefit adaptatoin. Economic evaluations are important for decision making and we review economic assessments for local climate action and for climate services for health. Key messages • Public health professionals can support adaptation actions through intersectoral working. • Post-COVID recovery is missed opportunity to improve adaptation in Europe.

Total allowable catches and fishing opportunity decisions of the Council of the EU – A voting power index approach

The setting of total allowable catches (TACs) have been a part of the European Union’s Common Fisheries Policy since its conception in 1983 and has been the main management tool of conservation of fisheries stocks in EU waters. TAC decisions of the Council are made behind closed doors, which has been the object of criticism. Previously voting power indices have been calculated and used to analyse Council decisions (e.g. EU budget) and institutional changes of the EU (e.g. Treaty of Lisbon), however not for EU TAC legislation and decisions. This paper looks at EU Council decision making for a subset of member states concerning TAC decisions for which the Council has exclusive competence in. Specifically, the paper looks at formal mechanisms of voting in the Council concerning EU TAC decision-making by calculating voting power indices for member states. Additionally, the paper looks at the changes in voting power due to the UK leaving the EU. Results indicate that the Council’s voting rules distributes voting power to member states with larger populations, but also distributes disproportionally voting power to smaller member states at the expense of medium size populated member states. This reflects previous results from the literature. The results do not undermine the importance of informal mechanisms such as consensus and coalition building among member states, but rather complement it.

Perspectives of Future Russo-Georgian War: Real Possibility or Speculation

Perspectives of Future Russo-Georgian War: Real Possibility or Speculation

Legal aspects of mining in Ukraine: European integration vector

Purpose is analysis of the current legal tools and acts in the field of mining in the European Union to identify and substantiate their potential consideration while reforming Ukrainian legislation in the context of European integration, energy transformation, and postwar recovery. Methods. The study is a sequential analysis of the European sources for legal support of mining. The analysis is aimed at determination of tendencies, their necessity and implementation expediency while reforming the national legislation on subsoil as well as mining legislation. Findings. Elements of the current legal mechanism from the viewpoint of subsoil use in the EU have been reviewed. Moreover, they have been systemized according to following types: tools and institutions; messages (communications) and reports; and directives, instructions, procedural rules, and the EU decisions. Reformation tendencies of legal mining support have been substantiated. The tendencies depend upon the fact that Ukraine selected the Eurointegration vector as well as upon the necessity to decarbonize power sector and postwar recovery specificity. The regulations, relevant for reforming provisions of mining legislation of the certain EU member states required for legal mining support in the field of investment, institutional, permissive, and contractual relations, have been defined. Originality is substantiation of expedient use of sustainable European practices in the legal regulation of Ukrainian mining sector based upon the achievement of symbiosis of preserving the national interests as well as fulfillment of integration obligations in the process of energy transformation and postwar recovery. Practical implications are expedient implementation of the findings in the process of legislative activities; law enforcement actions by officers of the authorized state bodies and economic entities in the field of mining; and research connected with further development of mining law theory; and academic activities related to teaching of topics concerning the current legal aspects of mining.

ASSESSMENT OF TRENDS IN THE DEVELOPMENT OF BUSINESS ENVIRONMENT OF UKRAINE IN UNSTABLE CONDITIONS

In the article, the authors analyzed the dynamics of the main macroeconomic indicators, such as: indexes of the gross domestic product and industrial production; volumes of exports, imports and foreign trade balance of Ukraine to assess general trends in the development of Ukraine’s business environment. The authors considered the results of the survey of company managers conducted by the National Bank of Ukraine in 2023 and the dynamics of the Index of Business Expectations of Enterprises; the results of a joint study conducted by the Innovation Development Center, the Office for Entrepreneurship and Export Development, the Diya.Business national project, the strategic agency Advanter Group, and the dynamics of the Ukrainian Business Index. The causes and consequences of the decline in the economic activity of Ukrainian enterprises in the main sectors of the economy were identified. Rational solutions aimed at supporting and restoring business in conditions of instability were determined. The results of the international assessment based on the ranking of economic freedoms from the American Heritage Foundation (Economic Freedom Index), the Corruption Perceptions Index from Transparency International (Corruption Perceptions Index), and the international study of the perception of national brands from Brand Finance (Global Soft Power Index) were considered. The role of Ukraine in the world economy was defined. It was concluded that the recovery of the Ukrainian economy remains restrained due to significant losses, destruction, and ongoing hostilities. Positive expectations in terms of economic recovery are associated with the further adoption and implementation of EU decisions on: using the advantages of the unification of the energy systems of continental Europe ENTSO-E and Ukraine (the so-called “energy visa-free”); exemption of Ukrainian business products from tariffs and quotas (“economic visa exemption”); liberalization of road transportation (“transport visa-free”); integration of Ukrainian customs authorities with European ones (“customs visa-free”). Such decisions will significantly contribute to the expansion of international trade, further integration of Ukraine into European production, as well as transport and logistics networks.

Differentiated implementation and European integration: the development of EU food quality labelling

The article examines how differentiated national implementation of EU policies affects later European integration – whether it leads to renewed unified vertical integration, differentiated integration, the status quo or renationalisation. It examines the case of geographical indications (GIs), an EU labelling system for food and drink based on place of origin and processes of production. Despite features such as diverse national interests and gastronationalism, differentiated implementation has resulted in renewed unified vertical integration. The article identifies three processes: EU legislative requirements encouraging the establishment of producer groups; European Court of Justice decisions which gave priority to quality over cross-border trade; the use of free trade negotiations to alter EU rules. While the integration outcomes are those expected by neo-functionalist analyses, the processes are more institutionally-based. Differences in implementation may aid rather than hinder further integration due to institutional features of EU legislation and decision making.

Emergency politics, mass sentiment and the EU during Covid

During crises, do emergency politics impair the EU polity by alienating Europeans? Recent literature suggests that executive decisions in hard times can spur negative European sentiment, increase polarisation in the public and thus create more problems than solutions. The Covid-19 pandemic offers an ideal opportunity to study this important issue. However, studying mass sentiment towards the EU is mostly constrained by imperfect survey data. We tackle this challenge with an empirical strategy that combines two original data sources: first, we use policy process analysis to identify key EU decisions; second, we leverage Twitter data to measure sentiment. As a result, we can study whether key EU decisions impacted EU sentiment and whether this impact is conditional on the level of EU competence, prior politicisation and problem pressure. We find that EU decisions impact EU sentiment positively and do not polarise it (even among highly politicised decisions). Low prior politicisation and healthcare-related decisions increase the positive impact of EU actions. There is thus no punishment of the EU for acting outside its remit. Our findings have important implications for the politics of polity maintenance in the EU.

Benelux and European Union CFSP Security in Response to the Russia-Ukraine War

This study discusses the security cooperation of the three countries of Belgium, the Netherlands, and Luxembourg. In particular, this paper elaborates on its role in the Common Foreign and Security Policy (CFSP) adopted by the European Union in responding to the Russia-Ukraine Conflict, 2014-2022. The method used in this research is qualitative with analytical descriptive. The research source uses secondary data in the form of literature review. This study is analyzed using the theory of Regional Security Complex (RSC) and the Concept of Cooperative Security. RSC theory is used to analyze the cooperation of Benelux as a regional power in developing European Union CFSP security cooperation. Result shows that Benelux is not brave enough to make a decision which is completely different from the EU public. The Benelux countries’ position is to agree with the EU's decision on the Russia-Ukraine war.

Levels of Decision-Making Determinants in the European Council of the EU in 2010–2022

The European Union has been recognised as an international system whose decisions and actions are conditioned by environmental determinants, which is a dynamic process of change. The article attempts to explain the EU’s decisions based on the conclusions of the European Council in 2010–2022. 93 documents containing the conclusions of the European Council adopted during that period were analysed. It was found that the determinants of EU decisions and actions function – firstly – at the international system level and, secondly, at the level of the domestic systems of the Member States. In addition, the article: 1) reconstructed the discussion in the science of international relations on behavioural determinants, 2) reconstructed the perception of determinants in the conclusions of the European Council; 3) a model for organising the analysis of the determinants of the decisions of the European Council was proposed.

Different Suitability of Olive Cultivars Resistant to Xylella fastidiosa to the Super-Intensive Planting System

Until today, only Leccino and Fs-17 (=Favolosa®) olive cultivars proved resistant to Xylella fastidiosa subsp. pauca (Xfp) due to a low presence of bacteria in the xylem. Integrated disease management in olive growing areas threatened by the spread of Xfp is crucial to overcoming the environmental, economic and social crisis. Since the EU Decision allows for the plantation of resistant olive cultivars in infected areas, there is a need to define a suitable plantation system for these cultivars. The adoption of new planting systems, such as intensive and super-intensive (SHD), could compensate for the economic losses and restore the olive agroecosystem. The aim is to ascertain the suitability of the available Xfp-resistant cultivars to SHD planting systems that demonstrate the best economic and environmental sustainability. Hence, a five-year study was established in an experimental SHD olive orchard (Southern Italy) in order to analyse the main vegetative and productive traits of Leccino and Fs-17, together with four other Italian cultivars (Cipressino, Coratina, Frantoio and Urano), compared with the well-adapted cultivars to SHD orchards (Arbequina and Arbosana), by means of the von Bertalanffy function. The results indicated that cv. Fs-17 showed sufficient suitability for SHD planting systems, giving the best-accumulated yield despite some canopy growth limitations, whereas cv. Leccino did not show satisfactory results in terms of both vegetative and yield parameters, confirming its suitability for intensive planting systems. These results are useful for optimizing integrated resistance management in Xfp-infected areas by planting resistant host plants.

LOBBYING ACTIVITIES OF INTEREST GROUPS DURING THE EU MEMBERSHIP PROCESS OF TURKEY

In parallel to the devolution of authority from member nations to the EU, the lobbying actions of various entities towards EU institutions have expanded over time. A variety of organisations coordinates lobbying efforts on behalf of EU institutions. The aim of this research is to investigate the impact of a candidate country's interest groups' lobbying efforts by focusing on Turkey as a case.Due to the length of the EU membership process, which has exceeded 20 years, Turkey is regarded as an exceptional case. This study examines the lobbying actions of four economic and two political bodies in Turkey between 1999 and 2021, based on a typological description of two sorts of groupings. In terms of research method, a two-stage approach was adopted by using qualitative and quantitative tools together. In the first stage, written documents were analysed to determine the institutions’ general attitudes towards the EU accession process and the topics they focus on. The documents in question includes periodic activity reports, thematic reports, press releases, statements of institution representatives for non-governmental organizations and party programs, election manifestos, statements of party leaders or representatives, and parliamentary minutes for political parties. In addition, the news in the national media about the activities of the institutions was examined through an extensive media scan. Following this, in the second stage, semi-structured questionnaires were prepared for all institutions and answers were sought in in-depth interviews with EU representatives of the institutions examined, EU decision makers who are the addressees of the lobbying activities, and relevant experts on lobbying in the EU. According to the findings of the research, the study suggests that variations in Turkey-EU relations have a detrimental impact on the lobbying actions of these entities. However, the lobbying actions of the entities listed below are less influenced by these changes. These are the groups that focus on their particular field of operations at the technical level rather than the Turkish accession process and create deeper relationships with transnational umbrella organizations. The statistics imply that non-governmental organizations are more effective than political parties in EU lobbying actions.

Aetiology of influenza-like illnesses in the pre-COVID-19 season 2019-2020: role of coronaviruses

Abstract Background Only a proportion of seasonal influenza-like illnesses (ILIs) can de facto be attributed to influenza viruses. This study investigated the aetiology of ILIs to estimate the prevalence of human coronaviruses (CoVs) and to analyse their clinical-epidemiological traits. Methods A sample of 613 outpatients (253 adults, 360 children) with ILI in Veneto Region, Italy, was included. ILI was defined according with the EU Decision 2018/945. Sigma-Virocult nasopharyngeal swab were used. Nucleic acids were extracted with the QiaAmp Viral RNA Mini Kit (Qiagen). Molecular detection of respiratory viruses was performed with commercial One-step RT qPCR reagents (Allplex® Respiratory Panels, Seegene). Information on age, sex, symptoms, co-infections and comorbidities was collected. Results CoVs were the 3rd most frequent pathogen in adults (7.5%, after influenza and rhinovirus) and the 4th in children (4.7%, after influenza, rhino- and adenovirus). Subtype distribution was similar, with OC43 the most frequent. Probability of CoV involvement was twice in males (AOR=2.16; 95%CI: 1.05-4.39), whereas no association with age was noted. Co-infection with other viruses was frequent in children (65% of cases). CoV symptoms were not peculiar, although respiratory tract involvement was less likely than influenza (AOR=0.13; 95%CI: 0.04-0.41). Among CoV outpatients, 36% had one or more chronic diseases, compared with 5.6% among influenza (p = 0.001). Conclusions Even before the COVID-19 pandemic, CoVs had a substantial role in ILI aetiology: 1 case of CoV every 3 influenza infections in adults. The higher prevalence of comorbidities among CoV positives compared to influenza indirectly shows the benefits of flu vaccines in individuals at higher risk. Careful surveillance of the viruses responsible for ILI continues to be desirable, including, but not limited to, detecting a possible change in the aetiology of ILI after the administration of SARS-CoV-2 vaccines in the population. Key messages • Pre-pandemic virological surveillance of influenza-like illnesses (ILIs) reveals how seasonal coronaviruses were the third most frequent respiratory pathogen in adults. • Prevalence of comorbidities was significantly higher in patients with a coronavirus-related ILI compared to influenza, supporting the benefits of flu vaccination for high risk groups.

The European Union prioritises economics over health in the rollout of radiofrequency technologies.

The fifth generation of radiofrequency communication, 5G, is currently being rolled out worldwide. Since September 2017, the EU 5G Appeal has been sent six times to the EU, requesting a moratorium on the rollout of 5G. This article reviews the 5G Appeal and the EU's subsequent replies, including the extensive cover letter sent to the EU in September 2021, requesting stricter guidelines for exposures to radiofrequency radiation (RFR). The Appeal notes the EU's internal conflict between its approach to a wireless technology-led future, and the need to protect the health and safety of its citizens. It critiques the reliance of the EU on the current guidelines given by the International Commission on Non-Ionizing Radiation Protection (ICNIRP), that consider only heating and no other health relevant biological effects from RFR. To counteract the ICNIRP position, the 2021 cover letter briefly presented recent research from the EU's own expert groups, from a large collection of European and other international studies, and from previous reviews of the effects of RFR on humans and the environment. The 5G Appeal asserts that the majority of scientific evidence points to biological effects, many with the potential for harm, occurring below the ICNIRP public limits. Evidence to establish this position is drawn from studies showing changes to neurotransmitters and receptors, damage to cells, proteins, DNA, sperm, the immune system, and human health, including cancer. The 2021 Appeal goes on to warn that 5G signals are likely to additionally alter the behaviour of oxygen and water molecules at the quantum level, unfold proteins, damage skin, and cause harm to insects, birds, frogs, plants and animals. Altogether, this evidence establishes a high priority for the European Union towards (i)replacing the current flawed guidelines with protective thresholds, and (ii) placing a moratorium on 5G deployment so as to (iii) allow industry-independent scientists the time needed to propose new health-protective guidelines. This 2021 Appeal's relevance becomes even more pressing in the context of the EU plans to roll out the sixth generation of wireless technologies, 6G, further adding to the known risks of RFR technology for humans and the environment. This all leads to an important question: Do EU decision makers have the right to ignore EU´s own directives by prioritising economic gain over human and environmental health?