EU Legislation Research Articles

Carbon Neutrality and the Transition to a Circular Economy: The EU Sustainable Consumption Policy and Legislative Trends

Carbon Neutrality and the Transition to a Circular Economy: The EU Sustainable Consumption Policy and Legislative Trends

Current issues of animal welfare and health in pig breeding (review)

Objective. To summarise current issues related to welfare and health in pig production. Methods. Domestic and foreign sources of literature on the subject of research and their desk analytical analysis. Results. Today, animal welfare is determined by a combination of three interrelated components: the physical, mental and natural state of certain animals, as well as, of course, humane human attitude to meeting their needs. Until recently, the problems of humane treatment ofproductive animals were exclusively related to economically developed countries where intensive livestock production technologies were used. Pig farms need to have highly productive animals, adequate and balancedfeed, and use resource-saving technologies to produce breeding and marketable products at the optimum cost. Improving the efficiency of pig production primarily has a negative impact on the welfare of pigs. At the same time, it should be understood that, in general, pigs are raised to produce meat and lard products, which is directly related to their slaughter and, accordingly, the taking of their lives. Therefore, the needs of pigs will not be fully met. However, the basic needs - the so-calledfive freedoms of animals - must be met. A detailed grouping of approaches to determining animal welfare is formed in three main aspects: physical condition, mental condition and naturalness. It should be borne in mind that the satisfaction of specific needs in the natural environment does not always ensure their full satisfaction in the two aspects ofphysical and mental health. In the case of pig breeding, it is necessary to take into account the consequences of long term targeted selection of the main breeds and significant modification of their representatives compared to wild forms. The provision of air, water and feed for pigs is critical and should be provided in full. However, this is not always taken into account on Ukrainian pig farms. In addition, the welfare of pigs is inextricably linked and directly depends on the health of the animals. Conclusions. The review of literature sources to summarise current issues related to welfare in pig production indicates that there are a number of issues to be addressed in Ukraine. First and foremost, we are talking about EU legislation that should be implemented in domestic production, which is especially relevant on Ukraine's path to full EU membership. With regard to the existing pig welfare issues, the list of methods and approaches for determining certain indicators is gradually expanding, but it should be borne in mind that welfare in pig production is not limited to pig housing. These are issues related to the transport and slaughter of pigs, aspects that synergise with the subsequent safety of pig products. Of particular importance are the issues in which pig welfare intersects with biosecurity and ensuring appropriate animal health. Key words: pigs, welfare, animal health, housing, feeding, productivity, commercial pork production.

Обмежені речові права на земельні ділянки сільськогосподарського призначення: стан і перспективи

The article is dedicated to the realization of limited property rights to agricultural land plots. The author thoroughly examines the regulatory and legal framework of this issue and its doctrinal elaboration. The problematic aspects related to the realization of limited property rights are highlighted. It is noted that the current legislation lacks a clear definition of “limited property rights,” but such a concept may emerge during the update of civil legislation. The scientific literature presents a moderate view on the legal nature of limited property rights, necessitating a summary of different perspectives. The author’s proactive proposals for amending the current legislation are a significant step towards eliminating the existing gaps and ensuring legal certainty in the regulation of the relevant relations. The author also establishes that in today’s environment, the variability of property rights in terms of their content comes to the fore, which calls into question the absolute nature of these rights. This circumstance necessitates a study of an actual contract or a dispositive transaction, given that they (these rights) may be the objects of such contracts or transactions, and this requires the development of a universal contractual basis for the establishment of property rights. It is proposed that within the framework of recodification of civil legislation and considering the peculiarities of the national legal system and the specifics of national legislation, it is possible to consider the introduction of such a structure since this will ensure an inevitable unification of national legislation with EU legislation. In this study, the author used legal analysis and synthesis, systemic and structural, and comparative legal and formal logical methods to analyse the relevant legislation and doctrine and propose amendments to civil legislation. Keywords: freedom of will of the parties to the employment contract; change of employment contract, employee, employer, labor relations, work, labor contract, parties of labor contract, transfer, transfer, change of essential working conditions, right to work.

The Approximation of the Albanian Procurement Legislation with the EU Legislation

Public procurement is a process performed by the Contracting Authorities which select the Economic Operators through a public competition, to enter into public contracts for the provision of goods, services, or works, against payment from public funds. The area of public procurement is very important in the management and spending of public money because public procurement is the environment where public money is filtered to have the least possible misuse, and financial stability of state institutions so that they are more consistent in the functioning and development of professional activities. Therefore, in this context, the present paper will analyze the Albanian perspective on public procurement to comprehend its alignment with EU legislation. This paper is coherent with the integration process requirements imposed on Albania and will demonstrate the positive achievements reached and the long path ahead to become a member of the European Union family.

Consumer Protection Safeguards after the AI Act

The long-awaited introduction of the AI Act, notwithstanding its originality, does not introduce any regulation outside the existing framework. It supplements the safeguards provided in numerous sectors of the EU legislation, inter alia, consumer protection. An examination of the basic EU law along with national legislation of the most influential legal orders, i.e. the French and German one, and model rules of the Draft Common Frame of Reference (DCFR)confirms that the new AI Act sheds light on pre-existing vague legal concepts. In this respect, this novel piece of legislation promotes a better understanding of traditional notions of law applicable to the modern digital reality without introducing totally new rules. Accordingly, certainty of law is reinforced where consumer protection had languished, not because of legislative shortage, but for facts and situations described as necessary conditions of certain rights were contested on the basis of contrary possible interpretations of decisive terms. Ultimately, the very importance of the AI act regarding consumer protection lies not in the introduction of new rights and obligations, but in a multiple practical assistance to the implementation of existing rules adjusting thus the traditional legal concepts with technological development beyond their original scope.

Edible insects: Understanding benzo(a)pyrene toxicokinetics in yellow mealworms for safe and sustainable consumption

The global interest in edible insects as sustainable protein sources raises concerns about the bioaccumulation of contaminants, including polycyclic aromatic hydrocarbons (PAHs), to problematic levels. Understanding the accumulation dynamics of PAHs in edible insects is highly relevant due to the widespread sources and toxicological profiles; however, the bioaccumulative potential of PAHs in edible insects is unexplored. This study examined the uptake and elimination dynamics of benzo(a)pyrene (B(a)P), a representative and carcinogenic PAH, in yellow mealworm larvae (YMW, Tenebrio molitor). Larvae were exposed to feeding substrate with varying B(a)P concentrations (0.03, 0.3, and 3 mg kg−1), and uptake (21 days in B(a)P-contaminated substrate) and elimination (21 days in B(a)P-free substrate) kinetics were subsequently assessed. The results showed that YMW can eliminate B(a)P, revealing dose-dependent B(a)P bioaccumulation in these insects. Larvae fed on a substrate with 0.03 mg kg−1 accumulated B(a)P over 21 days, presenting values of 0.049 (Standard deviation - 0.011) mg kg−1 and a kinetic-based (BAFkinetic) of 1.93 g substrate g organism−1, exceeding the EU regulatory limits for food. However, with a B(a)P half-life (DT50) of 4.19 days in the larvae, an EU legislation safety criterion was met after a 13-day depuration period in clean substrate. Larvae exposed to substrates with 0.3 and 3 mg kg−1 showed B(a)P accumulation, with BAFkinetic values of 3.27 and 2.09 g substrate g organism−1, respectively, not meeting the current legal standards for food consumption at the end of the exposure to B(a)P. Although the B(a)P half-life values after 35 days were 4.30 and 10.22 days (DT50s), the larvae retained B(a)P levels exceeding permitted food safety limits. These findings highlight a significant oversight in regulating PAHs in animal feed and the need for comprehensive safety evaluations of PAH hazards in edible insects for improved PAH feeding guidelines.

Chains of supplies in insurance services

Insurance activity involves the work of several entities, aimed at creating an insurance product, which is then offered to clients. In traditional terms, the management of chains of insurance services supplies focused on ensuring that actions taken by external entities in respect of insurance undertakings were not detrimental to the stability and security of insurance sector. The number of challenges faced nowadays concerning social and environmental issues results in a pressure from the public on major enterprises, including those from the insurance sector, that their and their subcontractors’ activities give rise to the least negative effects possible. The result of such pressure is also that the insurance and reinsurance undertakings are starting to implement the system of supplies chains management.The aim of this article is to present the legal provisions in force concerning chains of supplies in insurance services, as well as to analyse non-normative sources that may be a basis for the management of chains of insurance services supplies in accordance with the ESC principles. The article also discusses EU legislation proposals concerning sustainable development that have a direct impact on the chains of supplies in insurance sector

The Role of European Supervisory Authorities in Consumer Protection Standard Setting on the Financial Services Market – Based on the Example of the European Banking Authority

The purpose of the article is to present the genesis of the emergence and the scope of powers of the European Supervisory Authorities (ESAs) (the EBA, ESMA, and EIOPA), with particular reference to the EBA as regards the building of its supervisory normative standard and the protection of the consumer of financial services. The authors will propose de lege ferenda postulates which, in their view, would allow for an improvement in the quality of the financial services offered to consumers and ensure a higher level of protection of their interests and, at the same time, legal certainty for their providers. Increasingly sophisticated and complex financial products cause interpretation difficulties for both the courts and consumer protection authorities, but above all for consumers themselves, which consequently poses a challenge for both sides of the market (supply and demand). It is also a challenge for the post-crisis ESAs as the EU bodies not only designated to monitor and manage both the stability and security of the financial market, along with the actual level of consumer protection within it. In the preparation of the article, the legal-dogmatic and legal-theoretical method, which is standard for such studies, was applied, which allows for an analysis of the provisions of EU law and the identification of the norms stemming from them using interpretation and the assessment of the content of the provisions through the prism of the principle of consumer protection from Articles 12 and 169 TFEU and the EBAs’ competence provisions. Due to the fact that, in principle, the powers and competences of all three ESAs are analogous and only differ in terms of the scope of their application (i.e., financial institutions operating in the relevant financial market sectors – banking, insurance, and pension and investment), the authors will present their considerations with reference to the European Banking Authority (EBA), which is an exemplification of the powers of the other supervisory authorities. Thus, the secondary piece of EU legislation to be considered in this article will be the Council and European Parliament Regulation, hereinafter known as “EBA Regulation” and the actions taken by the EBA on that basis.

The European experience of legislative support for strengthening cyber resilience

The concept and content of cyber resilience are considered. characterizing features of cyber resilience are defined. The relationship between the concepts of cyber security and cyber resilience is detailed. Cyber resilience infrastructure and its components are defined. The current EU legislation on strengthening cyber resilience is analyzed. The positive aspects of strengthening cyber resilience in EU legislation have been identified. Special attention is paid to the review of the NIS2 Directive and the EU Cyber Resilience Act. The constituent components of a comprehensive cyber resilience strategy at the local level have been determined. The directions of the European Central Bank (ECB) aimed at strengthening the cyber resilience of the EU banking system are described. Based on the generalization of positive European experience, prospects for improving and strengthening cyber resilience in Ukraine are outlined.

Attenuated-total-reflection Fourier-transformed spectroscopy as a rapid tool to reveal the molecular structure of insect powders as ingredients for animal feeds

Abstract Unsustainable agriculture contributes to disastrous global effects – insect-based feed shows potential due to their sustainable, nutritional, and waste upcycling properties. Current EU legislation restricts insect-based meals to fish, pork, and poultry feed; but the near-future shows a great potential for wider acceptance in livestock feed. Black soldier fly larvae (BSFL), mealworm (MW), field cricket (FC), and banded cricket (BC) were sourced within three consecutive weeks – each batch was prepared, freeze-dried, then milled, and stored at −20 °C. Chemical composition of whole-insect meals was analysed for ether extract (EE), crude ash, and nitrogenic contents using standard wet chemistry protocols. Monogastric in vitro digestibility was determined through replicating gastric and full intestinal digestion; during this, R-amino acid content was determined through protein hydrolysis kinetics. Additionally, ATR-FTIR was used for molecular analysis, including identification of nutrient-associated functional spectral bands – structural differences were compared through principal component analysis. Insect-based ATR-FTIR analysis demonstrates notable differences in Amide regions, suggesting distinct protein secondary structures, but overall, FC and BC contain the highest crude protein (CP) levels. The lowest CP content was in BSFL; however, BSFL contained the highest ash content – likely consequence of high calcium. Dry matter (DM) yielded lowest in the crickets (FC-28.6; BC-26.9 g/100 g), and highest in MW-38.5 g/100 g; the sum of CP + EE in MW represented >80% DM, but with higher EE contents-CP: EE = 2.45. Data shows greater chitin content in crickets than BSFL + MW. Crickets showed greater neutral detergent fibre (NDF) than BSFL + MW; however, acid-detergent fibre (ADF) was similar among all species, suggesting NDF may include amalgams of interlinked nutrients released by acid digestion. This first study shows for the first time evidence that rearing conditions and substrates influences molecular structure. Exponential solubilisation was observed during pepsin + pancreatin digestion for all, but BSFL exhibited the highest degree-of-hydrolysis during the pancreatin phase, surpassing others. Analysis indicates protein hydrolysis differences are linked to trypsin activity susceptibility.

Cross-border access to electronic evidence in criminal matters: The new EU legislation and the consolidation of a paradigm shift in the area of ‘judicial’ cooperation

As the ‘cyber’ element infiltrates a significant part of criminal activity, the significance of accessing electronic evidence has risen to a critical level. The storage of this evidence outside the investigating jurisdiction prompted law enforcement authorities to actively explore avenues for collaboration with private service providers on a voluntary basis. This has resulted in the establishment of an informal channel of cooperation, running parallel to those established through mutual legal assistance and the principle of mutual recognition. The EU legislator has recently formalised this type of cooperation by adopting the Regulation (EU) 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence, along with the Directive (EU) 2023/1544. This article provides a comprehensive overview of the key provisions of this Regulation and reflects critically on the paradigm shift the latter seems to expand with respect to the privatisation of law enforcement tasks.

A principal-agent analysis of inter-agency cooperation in EU border management

ABSTRACT In the wake of the 2015 Migration Crisis, the European Union has embarked on an extensive process to reinforce external border controls and make horizontal cooperation between EU agencies critical. This article leverages the principal-agent model to elucidate the impact of inter-agency cooperation on agency autonomy and, by extension, the management of the EU’s external borders. The findings reveal that inter-agency cooperation leads to a situation in which the participating agencies enjoy more room for manoeuvre than originally granted by the EU legislature. This research sheds light on the proactive efforts of the concerned agencies in working alongside their counterparts to bolster their institutional standing and policy turf, thereby fuelling the institutionalisation of joint implementation in EU border management.

Brief Notes on the European Geographical Indication Law: Among Sustainability Implications and Artificial Intelligence Applications

Purpose: Geographical indications (GIs) within the European Union are – as is known – legally protected designations highlighting unique qualities of products tied to their place of origin; accordingly, GIs can promote sustainable agricultural practices, preserve traditional knowledge and contribute to rural development, but, notwithstanding, issues in verifying and authenticating GI products persist. Within this framework, this paper investigates the intersection of EU geographical indication law with sustainability goals and potential applications of artificial intelligence (AI) in streamlining GI compliance and enhancing consumer trust. Study design/methodology/approach: The behind research employs a mixed-methods approach; in fact, it includes a systematic review of relevant EU legislation and policy documents alongside qualitative case studies exploring the use of AI-based technologies (e.g., precision agriculture, terroir monitoring, traceability systems…) in GI value chains. Findings: The analysis confirms the wanted complex interplay between GI law and sustainability; in this way, while GIs can be powerful tools for promoting environmentally responsible production, existing frameworks may not fully capture all dimensions of sustainability; in addition, case studies demonstrate the promise of AI in improving product traceability, combating fraud and supporting informed consumer choices regarding GI products. Originality/value: Therefore, the paper argues for a more holistic approach to GI law that integrates sustainability metrics beyond geographic origin, suggesting that responsible AI adoption presents the potential to significantly strengthen GI systems: policy recommendations should include incentivising the development of ethical AI solutions for GI verification, promoting data sharing along supply chains, and raising consumer awareness of the sustainability benefits associated with GI products.

Conversion of Waste Agricultural Biomass from Straw into Useful Bioproducts—Wheat Fibers and Biofuels

Straw, the primary agricultural waste, constitutes approximately 20% of the total biomass in the EU. Only a small fraction of the material is applied in various products, e.g., animal bedding, mulch, building, and composite materials, while a significantly larger portion is often burned in the field. This practice, while prohibited for several reasons, including the increased risk of fire and the release of carbon dioxide contributing to global warming, is still prevalent. Given the increasingly evident effects of climate change, EU legislation aims to reduce greenhouse gas emissions as much as possible. One of the strategies includes applying the cascade principle in the circular economy. This principle aims to use the entire raw material, in this case, cereal crops, such that the products with the highest added value, like cellulose fibers from cereal straw, are extracted first. The vast potential for utilizing lignocellulosic agro-waste sustainably arises from its status as the most abundant organic compound on Earth. Its significant presence, renewability, and biodegradability make it a desirable source for producing materials in numerous industries. This study examines the potential of wheat fibers, isolated from the straw of two distinct cultivars (Srpanjka represents an old variety, and Kraljica represents the new variety) primarily for application in technical textiles. The following testing methods were applied: determination of wheat fibers and residues yield, fibers tensile properties, length, moisture content/regain, density, morphology, and Fourier transform infrared (FTIR) spectroscopy. The yield of isolated fibers relies on the wheat variety and the climatic conditions affecting plant growth, resulting in fiber yields from 10.91% to 15.34%. Fourier transform infrared (FTIR) analysis indicates reduced peak intensity, which is related to hemicellulose and lignin content, suggesting their improved deposition following the process of chemical maceration. Wheat fiber quality was found to be comparable to cotton fibers regarding its density. However, they showed a significant difference in higher moisture regain (9.72–11.40%). The vast majority of the scientific papers related to wheat fibers did not indicate the length of the individual fibers obtained by chemical maceration nor their strength. Therefore, this paper indicated that both varieties demonstrated sufficient fiber tenacity (greater than 10 cN/tex) and fiber length (2–3 cm), stressing the spinning potential of these fibers into yarns and extending their use to the apparel industry. Moreover, our research underscores the feasibility of adhering to the zero-waste principle. A high percentage of solid waste remaining after fiber extraction (25.3–39.5%) was successfully used for biofuel production, thus closing the loop in the circular economy.

Specific features of supply chain management of ukrainian firms in the conditions of european integration

Methods. During the research, a range of general scientific methods of cognition was used, in particular, methods of analysis and synthesis – to study the features of the European integration of the new EU member states from the point of view of supply chain management, to study the content of EU Directives and Regulations on transport and supply chain management, a method of generalization – to assess the consequences of the impact of European legislation on supply chain management of Ukrainian firms. Results. The work offers a list of measures that should be taken by the management of Ukrainian firms in order to adapt their activities to the requirements of EU legislation and the Association Agreement between Ukraine and the European Union. It is proposed to take into account environmental requirements, the need for servitization, changes in the configuration of the value chain, the potential impact of increasing the duration of the product life cycle on sales volumes, as well as solving the problems of reverse logistics and the possibility of reusing products when developing strategic business plans of companies. Novelty. The paper provides an assessment of the influence of Directives and Regulations of the European Union, aimed at creating a circular economy and ensuring the sustainable development of transport infrastructure, on the of supply chain management of Ukrainian firms. Practical value. The work contains a description of the challenges that the transition to the circular economy in EU member states creates for supply chains and value chains of firms, as well as recommendations for the management of Ukrainian firms to consider the impact of the circular economy on their business models.

“Access Denied” – Interpreting the Digital Divide by Examining the Right of Prisoners to Access the Internet in the Case Law of the European Court of Human Rights

Abstract The present paper aims to investigate prisoners’ rights to use and access the Internet, focusing on the jurisprudence of the European Court of Human Rights (ECtHR). The study’s principal objective is to assess the fundamental rights aspects of Internet access, particularly within the context of relevant EU legislation, and to interpret how the digital divide impacts prisoners. The study primarily relies on a thorough review of pertinent literature and legal materials, and it incorporates case studies from Estonia, Lithuania and Türkiye to contextualize the literature findings within specific legal jurisdictions. The research findings suggest that prisoners’ Internet access should be evaluated in accordance with fundamental rights, including Article 10 of the European Convention on Human Rights. Regarding the digital divide, the study concludes that limiting prisoners’ access to the Internet could exacerbate the already existing societal gap, potentially hindering their reintegration into society. The particular focus on the above three countries stems from the fact that as per the precedent of the ECtHR, only four countries are involved in cases concerning restriction of access to the Internet (Estonia, Lithuania, Türkiye and Russia); however, Russia ceased to be a party of the European Convention on Human Rights, so analyzing the future of the issue of Internet acces there is highly limited. Our research contributes significantly to the literature on the digital divide, particularly in terms of its legal implications. The study’s comprehensive approach, which integrates both theoretical and practical aspects, is beneficial for domestic legal professionals and researchers engaged in interdisciplinary investigations of EU law and fundamental rights.

Analysis of the reform of prosecutor’s offices in EU countries: lessons for Ukraine

Introduction. The need to establish the rule of law in Ukraine, to choose a course for membership in the European Union, to adapt Ukrainian legislation to EU legislation, the legal basis of which is determined by the National Program for the Adaptation of Ukrainian Legislation, as well as to improve the legal basis of the functioning of the prosecutor’s office of Ukraine. The purpose of the paper is to reveal the main aspects of the reform of prosecutor’s offices in the EU countries, as well as to investigate the issue of their application in Ukraine. The results. At the current stage of the development of the Ukrainian state, the course towards integration into the European Union and the need to raise the necessary standards of compliance with human rights and freedoms require the most effective and rational choice of the organizational and management structure, as well as the functioning of the prosecutor’s office. The prosecutor’s office has always been considered and used as an effective tool for the developзment of social relations and, in particular, strengthening the rule of law as a fundamental value of society and the state. The corresponding democratic structures of the national legal systems of developed countries clearly define that the prosecutor’s office is one of the fundamental state institutions that ensures the rule of law and protection of human rights. It goes without saying that without the proper organization and effective functioning of the prosecutor’s office, the existence of a legal state would be impossible. The complex of mechanisms for harmonizing the legislation of Ukraine with European standards is aimed at the implementation of state policy on the creation of a modern national legal system by improving the law-making and law-enforcement activities of state authorities, introducing a unified system of planning, coordination and monitoring of law-enforcement work. There will be optimization of prosecutorial activity management processes, primarily through digitization. Conclusion. Using the foreign experience of administrative and legal support of the activities of the prosecutor’s office, it is important to consider that external standards can influence the internal model of the national prosecutor’s office and lead to the replacement of its specific features in favor of general external standards that correspond to the general dynamics of globalization.

Core Legal Challenges for Medical 3D Printing in the EU.

3D printing has been adopted into routine use for certain medical applications, but more widespread usage has been hindered by, among other things, unclear legislation. We performed an analysis, using legal doctrinal study and legal informatics, of relevant EU legislation and case law in four issues relevant to medical 3D printing (excluding bioprinting or pharmacoprinting): pre-market approval, post-market liability, intellectual property rights, and data protection. Several gaps and uncertainties in the current legislation and interpretations were identified. In particular, we regard the current EU regulatory framework to be quite limiting and inflexible, exemplifying a cautionary approach common in EU law. Though the need to establish high safety standards in order to protect patients as a disadvantaged population is understood, both legal uncertainties and overregulation are seen as harmful to innovation. Hence, more adaptive legislation is called for to ensure continuous innovation efforts and enhanced patient outcomes.

Holistic Approach to Niche Formation: A Case on Transition to Nearly Zero-Energy Buildings in Türkiye

The long-term challenges of climate change are becoming increasingly evident. Considering the ever-increasing need for energy in parallel with population growth and the impact of greenhouse gases, the built environment is among the issues that should be addressed as a priority. As international agreements, the EU, and national legislation become institutionalized, the need to decarbonize the built environment increases. For this reason, there is a need for an understanding that enables the transition to a more sustainable society. In line with this understanding, a transition to zero-energy buildings is required. In this article, the evaluation framework is created by combining the Transition Management (TM) approach, which is a framework developed to understand long-term changes in culture, structure, and practices for sustainable development solutions, and the Strategic Niche Management (SNM) approach, which encourages technological and social change to initiate sustainable innovations at the niche level. Applications regarding energy efficiency and niche formation for the built environment in Türkiye (Gaziantep) were discussed. When the applications and theories are evaluated together, it can be seen that the applications carried out in Gaziantep regarding Nearly Zero Energy Buildings may be starter experiments. However, these projects are insufficient to create a niche, and the developments are progressing very slowly.

Obligation to State Reasons: Clear Principle with (Still) Unclear Scope? In Search of an Adequate Standard of Reasoning for a Decision Based on Confidential Data (Joined Cases C???584/20 P and C???621/20 P Commission and SRB v Landesbank Baden-Württemberg)

This article provides an analysis of the judgment of the Grand Chamber of the Court of Justice (the Court) of 15 July 2021 delivered in Joined Cases C-584/20 P and C-621/20 P (Commission and SRB v Landesbank Baden-W??rttemberg), which offers valuable insights into the question of the scope of the obligation to state reasons. In particular, the judgment clarifies how that obligation should be weighed, if necessary, with the obligation to protect the confidential data within the EU decision-making process. While the judgment specifically pertains to a decision of the Single Resolution Board regarding the calculation of ex-ante contributions to the Single Resolution Fund, its implications extend to all areas of EU law where the EU administration relies on confidential information in order to adopt a decision. Additionally, the judgment holds particular significance for the National Resolution Authorities of the Member States non-participating in the Banking Union, since they are required to calculate ex‐ante contributions to their national resolution financing arrangement and must, for this purpose, rely on the methodology provided by the EU legislator, as interpreted by the Court. Finally, the authors argue that regardless of its significance, the judgment leaves several questions unanswered regarding the adequacy of the reasoning of an administrative decision based on confidential data.