The traumatic injuries suffered by victims of bodily harm offences are analysed, from a legal perspective, as a component of the constitutive elements of the offence, namely the immediate consequence. These injuries overlap with the consequences expressly provided for in the criminalisation text, specifically Article 194(1) of the Criminal Code. Thus, the assessment focuses on the extent to which the victim’s physical (bodily) integrity has been affected, for the purpose of determining the correct legal classification of the act committed. This allows for an analysis of how the victim's physical (bodily) integrity is affected, for the purpose of legally classifying the specific act committed. How is mental integrity affected by physical trauma assessed from a legal perspective? It is unanimously accepted in the legal doctrine It is unanimously accepted in the legal sphere and regulated by constitutional and branch rules that there is a symbiosis between the physical and mental integrity of the human being. Regarding the close and inseparable link between the two types of integrity, in light of the provisions of Article 3 of the Charter of Fundamental Rights of the European Union, the renowned professor and researcher at the European Academy of Bolzano, Gabriel N. Toggenburg, stated that "human beings are like ancient amphorae. Each one is unique. Each must be treated with care. Violence leaves permanent marks and causes irreparable damage. The internal and external dimensions of an amphora cannot be isolated from each other. This is why Article 3 of the Charter of Fundamental Rights of the European Union protects not only the physical but also the 'mental integrity' of all human beings."[1] The analysis of the trauma suffered by the victim, both physically and especially psychologically and emotionally, must be carried out in order to establish the damage, using civil law rules and not criminal law rules. The choice of specific criteria for assessing how mental and emotional integrity has been affected, and the means of evidence that can support the existence, severity and duration of the damage to the victim's psycho-emotional balance, is key to the fair resolution of this type of criminal case. [1] Gabriel N. Toggenburg, The3rdof all EU rights: Integrity and how the Charter contributes/The European Academy of Bozen/Bolzano (EURAC) - https://www.eurac.edu/en/blogs/eureka/the-3rd-of-all-eu-r-rights-integrity-and-how-the-charter-contributes

The constitutional principle of the right to effective judicial protection within the European Union legal order is investigated, having gained fundamental significance through the case law of the Court of Justice of the European Union (CJEU) and codified in Article 47 of the Charter of Fundamental Rights of the EU as the essential procedural guarantee. The article analyzes the multilevel model of judicial protection, comprising national court systems functioning as «Union courts» and the centralized CJEU system. It is determined that the preliminary ruling procedure (Art. 267 TFEU) is the cornerstone for ensuring the uniform interpretation and application of EU law, serving as the primary means for citizens to indirectly bring cases concerning their rights to the highest jurisdictional level. Specific attention is paid to the mandatory principles governing national courts: the principle of supremacy, requiring the non-application of national rules conflicting with EU law; the principle of effectiveness, prohibiting national procedural rules from making the exercise of EU rights practically impossible; and the principle of equivalence, demanding the equal application of procedural rules to disputes based on national and EU law. Significant limitations on direct access for individual applicants to the CJEU through the action for annulment (Art. 263 TFEU) and the application of the «direct and individual concern» doctrine (Plaumann formula) are analyzed as a substantial barrier. Additionally, the doctrinal concept of estoppel in public international law and its potential as an auxiliary tool for ensuring procedural good faith (bona fides) in relations between Member States and in disputes concerning citizens’ rights are explored. It is concluded that the right to judicial protection for EU citizens is secured by a robust yet procedurally complex and distributed mechanism of judicial cooperation, whose effectiveness hinges entirely on the active role of national courts and their readiness to fully implement the obligations derived from Union law.

The presented paper focuses on the complex correlation between European Union and the national legal systems of its member states. It examines the fundamental principles that underpin this relationship, and considers how they are playing out in different national contexts. The due emphasis on the EU Law primacy principle in cases of conflicts with national laws, which has far reaching legal and political ramifications in a multi-level governance system, including its challenges to national sovereignty and the impact they create legally and politically. The presented study examines how national constitutional courts in member states have differed in their interpretation of this principle and highlights the delicate balance they registered between setting EU obligations on one hand and safeguarding national constitutional identities on the other. The paper explains the idea of direct effect and the distinctions between vertical and horizontal direct effect as well as their evolution over time and constraints. The debates also underscore the fragmented nature of domestic courts in implementing direct effect, resulting in disparate measures and outcomes for individuals trying to rely on EU rights. The paper also assesses the implications of both of these systemic principles, covered in European treatment as the proportionality principle. The analysis highlights the continued negotiation of power between supranational and national legal systems, and the importance of national courts in interpreting both sets of laws, as well as in their application on the ground.

ABSTRACT Civil society and social movements have played a crucial role in the EU’s external relations, yet studies on EU contestation by civic actors remain varied. Drawing on framing theory, this article explores the construction and contestation of the EU in EU-Turkey relations to analyze civil society mobilization in migration governance. Using frame analysis and extensive fieldwork in a cross-time perspective, the study examines activism in Turkey, highlighting how Europeanisation processes initially created opportunities for civil society to act as norm entrepreneurs to promote migrant rights. However, since 2015, civil society’s role has weakened due to the contestation of the EU’s externalization policy, the shrinking space for rights-based organizations, and the declining legitimacy of the EU. The instrumentalisation of migration in the EU-Turkey deal has further complicated advocacy efforts. These findings contribute to understanding social movement mobilization in Turkey by examining evolving claims and frames during critical periods of EU-Turkey relations.

In this commentary we reflect on the citizens’ rights provisions of the Withdrawal Agreement (WA), which came into force on 1 February 2020, and the experiences of low paid (low skilled) EU migrant workers in the East of England in accessing these rights and entitlements. It is well documented that low paid EU citizens do not access/ enforce their rights and entitlements via traditional dispute resolution routes. The Independent Monitoring Authority (IMA) was, in fact, set up to assist EU nationals in the UK not with enforcement as such but with (i) Monitoring how UK public bodies are protecting the rights of EU and EEA EFTA citizens and their family members; and (ii) Promoting the effective implementation of citizens’ rights. They (the IMA) also have powers to launch inquiries and take legal action when appropriate. We have been working with two charities, GYROS (in Great Yarmouth, Norfolk) and PBIC (in 12 Bedford, Bedfordshire), who carried out a survey (drawing on the IMA’s annual citizens’ rights 13 survey) to understand the experiences of low skilled migrant workers from ‘hard to reach’ 14 communities. Using this data, we wanted to understand first, whether low skilled EU nationals are having difficulties accessing their rights (monitoring), and second, whether there are issues with the implementation of those rights (implementation)? The data from the survey suggests that low skilled EU citizens are still having difficulty gaining access to their rights. This is for two reasons: (1) lack of awareness of those rights and (2) some lack of trust in public bodies to fulfil these obligations. These findings are relevant to the full implementation of the Withdrawal Agreement and citizen’s rights to which the UK has committed to faithfully implement (where failure to do so can result in proceedings brought by the EU Commission). This article therefore aims to contribute to the evolving area of scholarship around understanding the experiences of EU citizens in the UK post Brexit by including those ‘harder to reach’ communities and their experiences of accessing rights and entitlements under the WA.

Abstract This article explores the human rights standards relevant to ensuring human involvement requirements in EU legislation related to automated content moderation. The opinions given by different experts and human rights bodies emphasise the human rights relevance of the way in which platforms distribute automated and human moderators in their services. EU secondary legislation establishes basic requirements for these structures that are called to be read under a human rights perspective. This article examines the justifications given for incorporating human involvement in content moderation, the different types of human involvement in content moderation, and the specific requirements for such involvement under EU secondary law. Additionally, it analyses the human rights principles concerning procedural safeguards for freedom of expression within this legal framework.

This paper is part of the results achieved by the Project “AFTER project, Against FGM/C Through Empowerment and Rejection” co-funded by the EU Rights, Equality and Citizenship Programme and implemented by a multidisciplinary Research Group based on Ireland, Italy, Sweden and Spain. Purposes: a) to describe the elements, types, consequences of female genital mutilation (FGM/C) and the reasons behind this; b) to estimate the population who are from countries where FGM/C is practised and are resident in the EU; and c) to know the opinions of some stakeholders on policies, services, resources and campaigns to address FGM/C. A mixed methodology: We used quantitative approach to analyse data obtained from secondary sources aims to estimate how many women and girls have suffered or are at risk of suffering FGM/C. And qualitative to analyse the discourse of the interviewed professionals. Results: The statistical analysis shows that the population from countries where FGM/C practised has increased in recent years. And the analysis of expert discourse shows agreement that is needed legislation to penalize the practice, but insufficient. It is necessary to developed prevention and comprehensive care measures for victims and inter-institutional coordination protocols, involving the participation of the affected communities. Professionals insist that relevant training is fundamental and ask for more resources and services, in addition to the creation of multidisciplinary teams. Conclusions: FGM/C is today practised globally, whether due to tradition or immigration and eradicating it, requires engaging in real work to integrate the immigrant population and attend to its basic needs. Este artículo es parte de los resultados logrados por el proyecto “AFTER project, Against FGM/C Through Empowerment and Rejection” cofinanciado por el Programa de Derechos, Igualdad y Ciudadanía de la UE e implementado por un grupo de investigación multidisciplinario con sede en Irlanda, Italia y Suecia. y España. El objetivo general es contribuir a la prevención y erradicación de la mutilación genital femenina y los objetivos específicos: a) Estimar la prevalencia de la mutilación genital femenina en la UE para dimensionar y visibilizar su alcance b) Obtener una mejor y más comprensión profunda de cómo se aborda el trabajo relacionado con la mutilación genital femenina en Irlanda, Italia, España y Suecia. Se ha utilizado una metodología de investigación mixta. Cuantitativa para contextualizar y dimensionar la presencia de esta práctica en el territorio de la UE y cualitativa para conocer y analizar los discursos de los expertos sobre las políticas desplegadas. Resultados: La población originaria de países donde se practica MGF ha aumentado en los últimos años en la UE. Según el análisis de discursos, los entrevistados coinciden en que es necesaria la legislación que penaliza la práctica, pero no suficiente. Se precisa desarrollar medidas de prevención y atención integral a las víctimas y protocolos de coordinación interinstitucional que involucre la participación de las comunidades afectadas. Los profesionales insisten en que la formación es fundamental y piden más recursos y servicios, y la creación de equipos multidisciplinares. Conclusiones: La mutilación genital femenina se practica hoy en todo el mundo y erradicarla requiere un trabajo real para integrar a la población inmigrante y atender sus necesidades básicas.

The criminalization of abortion in Poland, particularly following the Anti-Abortion Law of 1993, has sparked significant legal, ethical, and international debate. This paper explores the issue through a comprehensive analysis of Poland's legislative framework, the ethical implications of its restrictive abortion policies, and the consequences for women's mental and physical well-being. The legal framework, including the European Convention on Human Rights and the Charter of Fundamental EU Rights, is assessed to highlight the violations of women's rights to autonomy, health, equality, and dignity. The report also delves into ethical principles, emphasizing the importance of self-determination and bodily autonomy in achieving gender equality. Addressing counterarguments and potential pitfalls of decriminalization, the paper presents constructive solutions, including legal reforms, public awareness campaigns, and international pressure. While Poland avoids direct contravention of EU law, its restrictive policies undermine fundamental human rights and exacerbate gender inequality. The findings advocate for the legalization of abortion to align Polish legislation with international human rights standards and ethical principles, ensuring equitable access to reproductive healthcare and safeguarding the well-being of women.

This article explores the role of collective interest representatives (CIR) in the enforcement of EU labour rights. To that end, the article starts with an analysis of the regulation of CIR in other fields of EU law, particularly consumer protection law and non-discrimination law. The analysis follows the approach of the Court of Justice of the European Union (CJEU) in cases on the legal standing of actors to enforce EU rights, namely, by defining first the protective scope as a matter of Union law itself based on a textual and teleological analysis and, second, the margin of discretion left to Member States to exercise their own procedural autonomy, including the possibility for Member States to determine locus standi according to their own legal systems. The article continues with drawing inspiration from forms of CIR in international and transnational law, particularly the collective complaints procedure of the European Social Charter (ESC), the representation procedure of the International Labour Organization, and the specific instances of the National Contact Points of the Organisation of Economic Cooperation and Development (NCP OECD). The article concludes with an assessment of the acceptance of CIR in the enforcement of (EU) labour rights from a substantive perspective and elaborates on the possible tasks, requirements, and powers of CIR in enforcing EU labour rights.

Bármikor, bárhonnan elérhető, naprakész és személyre szabható jogi adatbázis: magyar és EU-s joganyagok időállapot változásokkal, indokolások, kommentárok, döntvények, szakcikkek, könyvek, iratminták tárháza.

After the fall of communism in Albania, migration destinations occurred toward neighbouring states such as Italy, Greece, European countries (Germany, Switzerland, England, Belgium, etc) and also all over the world (US, Canada Australia, etc.). The flow of Albanian migration was expended in a huge amount from different social classes to other states. Because of different social, cultural, economic and political reasons, the migration flow can be identified as a complex migration phenomenon. Consequently, for these reasons, sometimes the Albanian migrants have been discriminated against. This research paper is going to be focused on the Albanian migrants and their minorities’ rights in European states. Another aspect of this paper will be focused on the problem of the well of functions of minority rights causing the anomies to the social and personal identities of migrants.
 
 Received: 19 February 2024 / Accepted: 15 March 2024 / Published: 23 March 2024

Problem setting. The European Union has long been paying special attention to stimulating innovative activity through the use of public procurement. This is emphasized both in EU directives in the field of public procurement and in specific program documents regarding the development of innovations in the European Union, in particular the new wave of deep technological innovations. At the same time, in Ukraine, the public procurement institute is currently used only as a tool for saving public funds and preventing corruption. Thus, there is a need to study the issue of public procurement as a means of state regulation of innovations in general, as well as a possible tool for stimulating deep technological innovations in Ukraine, including, considering the experience of the EU, in particular, and for the post-war reconstruction of our state. Analysis of recent researches and publications. Some separate aspects of the issue of innovation stimulation through the mechanism of public procurement were given attention in the works – V.K. Malolitneva, L.O. Berezovska, A.V. Kyrychenko, S.R. Karpenko and others. At the same time, the issue of stimulating a new wave of deep tech innovations, using the instrument of state procurement, requires a more detailed study as a separate phenomenon, including in the aspect of harmonizing Ukrainian legislation with EU directives in the field of public procurement. Purpose of the research is to determination of the place of the institution of public procurement as a tool for stimulating the development of deep tech innovations in Ukraine, as well as an analysis of the legal support for the use of public procurement as a regulation of innovative activity in the European Union and in Ukraine, including in the aspect of the need to harmonize Ukrainian legislation with EU rights. Article’s main body. The article is devoted to the study of the issue of legal regulation of public procurement as a means of state regulation aimed at stimulating innovative activity in the European Union. The value of state purchases of ready-made innovative solutions, as well as research and development works, the result of which can be innovative products, is analyzed. The main types of procurement of innovations provided for by European regulatory acts are given. It has been established that the riskiness and capital intensity of deep tech innovations indicate that the main driver, catalyst, and initiator of their development can be the state, using the mechanism of the state order. The issue of legal regulation of the use of the public procurement tool to stimulate the development of deep technological innovations in Ukrainian legislative acts has been investigated. The main legal problems of using such a tool in our country are presented, including in the aspect of harmonization of legislation in the field of public procurement with relevant EU directives. Conclusions and prospects for the development. In Ukrainian legislation, despite its harmonization and adaptation to EU law, there are no special provisions regarding procurement of innovations. At the same time, in the European Union there is a thorough and consistent approach, according to which public procurement an important and effective tool for the development of innovations, in particular, deep tech innovations. Ukraine needs more careful consideration of this practice, since post-war reconstruction requires special innovative solutions that can be found, including, with the use of public procurement.

I analyse the process of incorporation of ‘federal’ rights in the United States and in the European Union. Both are forms of ‘selective incorporation’, but in a markedly different manner: in the US the selection depends on the type of right (rooted in the tradition of the nation and implicit in the concept of ordered liberty); in the EU it depends on the type of State action, namely whether the Member State is acting within the scope of EU law. After reconstructing the evolution of the two doctrines, I argue that this difference depends on the functions they have come to play. In the US, since the Sixties the incorporation of a right is a function of the national political equilibria mirrored in the composition of the Supreme Court; in the EU, the incorporation of EU rights was conceived to provide a check on the Member States when acting as agents of the Union but was transformed in the Conventions of 1999 and 2002 into a backstop against the expansion of EU powers. Recent developments such as the interpretation of Treaty clauses in the light of the Charter and rights-related financial conditionality are signs of growing discomfort with the backstop in the EU.

Problem setting. The article is devoted to detection of the legal nature of the relationships between EU Member States’ domestic law and newly-created system of patent law governance, which comprises the Council Regulations 1257/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection and № 1260/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements as well as the Agreement on a Unified Patent Court. The subject of this research are the potential challenges the enforcement of the EU law may pose to the Unified Patent Court, along with enforcing Contracting State’s domestic law and international treaties, binding to the Contracting States as well as potential threats that can emerge after the Unified Patent Court becomes operational, especially the threat of legal fragmentation in terms of patent relationships. Profound analysis of the rules, that set the procedure of using different types of legislation while hearing the patent disputes cases has been made. The legal opinions of the Court of Justice of the European Union concerning the autonomous judicial bodies and their influence on the EU law have been presented. Potential threats to the EU legal system’s integrity and possible ways of deterring them have been outlined. Comparisons between recent and previous legal problems concerning the field of the EU law integrity have been made. The main arguments of the Court of Justice of the European Union have been studied and the most durable ones have been stressed as the milestones of the future Unified Patent Court legal practice. Conclusions about the importance of domestic and EU law correlation in light of patent legal sphere have been made. The drawbacks of current EU legislation and the need for the Court of Justice of the European Union to reconsider its positions have been mentioned. Analysis of recent researches and publications. The problems of compiling EU rights and national rights of EU member states in the context of their use by EU institutions, as well as other bodies, in particular the ECHR, as well as the question of fragmentation of patent law, were raised by the following EU researchers: Kristof Krenn, Giuseppe Martinico, Jorg Polakiewicz, Sionaidh Douglas-Scott, Steve Peers, Douwe de Lange, Tatiana Komarova. Purpose of the research is to conduct a profound analysis of the problem concerning the use of EU law and other legal sources by the Unified Patent Court during its future legal practice and to study the bonds between the Court of Justice of the European Union, the Unified Patent Court and Contracting Member States and their role in the creation of the new legal framework. Article’s main body. The analytics of the EU patent law harmonization has been an object of attention of many researchers so far. For instance, Reto M. Hilty and the collective of authors, who studied the problem of enforcement of law, that forms the so-called «patent package», explicitly paid their attention to the question of jurisprudence fragmentation, the point of which is that as soon as the Agreement on a Unified Patent Court comes into force, several judicial bodies will cover the territory of the Contracting Member States with their jurisdiction simultaneously. Apart from the national courts, that will deal with the patents, issued by the domestic authorities, the following bodies will execute their functions: the Unified Patent Court on cases concerning the European patent with unitary effect, the Court of Justice of the European Union by issuing its preliminary opinions on the compatibility of the Unified Patent Court’s actions with the EU law and the Boards of Appeal of the European Patent Office by deciding on the administrative lawsuits. The problem of jurisprudence fragmentation entails a vast amount of problems, the answer to which can only be given by means of judicial practice. If we turn our view towards Article 7 of the Council Regulation № 1257/2012, we will notice that this article gives the European patent with unitary effect the meaning of property, that should be equally recognized throughout all the Contracting Member States. This aspect leads to an important conclusion, that will be discussed later in this paper. Conclusions and prospects for the development. To sum this up, it’s worth noting, that the beginning of the Unified Patent Court’s functioning, as well as the moment when the legislation, created by means of enhanced cooperation mechanism, comes into force, will certainly become a remarkable event both to the EU institutions and the Unified Patent Court, since it has the potential to become a strong incentive to reconsideration of current approaches to the cooperation between the EU and international judicial bodies.

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Abstract This study has started from the knowledge of the juridical-normative frame regulating the foreigners’ social rights in EU and in Italy and from the reading of directives, programs and documents produced from the EU and from the Region Campania. After this, the study has moved toward the tab of around fifty national and international case studies related to the activity of inclusion and of integration of the immigrated ones. From the comparative reading of the case studies, some immediately transferable strengths have been individualized. Then, we compared the cases studies with the European, Italian and regional Program; the next step has been the examination of the weight of the population immigrated in Italy and in the Region Campania and of its burden in the variation and formation of the real estate. In this way we have had useful "suggestions" for the elaboration of Urban Plans able to support the construction of the inter-cultural city and urban community (Consiglio d’Europa, 2003). In fact, in conclusion, the paper proposes an urban design in the city of Castel Volturno, which is one of four municipalities, along with Mondragone, Sessa Aurunca and Cellole, that belongs to the Domitian coast (Caserta). Since the nineties, the migrants who arrived on Italian territory recognized in the Domitian coast a new attraction center. This immigrant’s presence has led a change in the morphology of settlement. They live in a small town where there is social, urban and environmental decay.

The article analyzes the development of artificial intelligence and its impact on human rights. The ways of introducing artificial intelligence technologies into various spheres of human life are determined. It is considered how different artificial intelligence systems are used today in the world and how they can help and harm society. The analysis of the impact of artificial intelligence on human rights is based on documents widely used in Europe and containing a wide range of human rights, the General Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights, economic, social and cultural rights of 1966 and the Charter of Fundamental EU rights. The misuse of artificial intelligence algorithms creates many problems, such as violation of the right to life, the right to privacy, restriction of freedom of speech and opinion, violation of the right to a fair trial and the presumption of innocence, the right to equal opportunity and non-discrimination, the right to work, etc. Since artificial intelligence technologies use certain data sets, the violation of the rights of certain groups of the population is most often observed. These may include women and children, as well as certain ethnic, racial or religious groups. The article concludes that the introduction of artificial intelligence technologies in various areas of life can qualitatively change them and increase the effectiveness of any human work. However, the rapid development of technology can have a negative impact on human rights. Risks to fundamental human rights stem from the inability to foresee the consequences of such new technology. Governments of the world and companies using artificial intelligence technologies should be aware of the imperfection of the data on which the technology is trained, and take care to prevent discrimination and violations of human rights, be ready to provide timely and effective remedies in cases where decisions made by machines, turn out to be wrong.

Introduction. The article considers one of the most important issues of constitutionalization of EU law, namely the processes of internal structuring of the constitutional law of this supranational entity. The author substantiates the opinion that together with the expansion of the EU's competence and the strengthening of the processes of interstate integration within the framework of the EU constitutional law, the institution of European governance is gradually crystallizing. In the system of constitutional law of the EU, this institution occupies a place similar to that in national legal systems occupies the institution of the form of government. The Institute of European Governance reflects the modus operandi (from the Latin "method of action") of the EU as a supranational entity, which has significant specifics in terms of institutional and functional organization and mechanism for developing and implementing government decisions. The process of forming European governance and filling it with specific content takes place within the general process of "setting political and legal standards", based on the latest advances in political and legal theory and practice and reflecting the highest requirements for quality governance and EU rights and freedoms. Summary of the main research results. Today the European Union has accumulated significant experience in reforming and improving public administration and public service, although these areas are not directly regulated by the acquis communautaire. Therefore, today the acquisition in the field of public administration and public service organization mainly takes the form of "soft law" and "soft standards" - White Papers and communications of the European Commission, recommendations of conferences of ministers responsible for public administration and / or heads of departments of public services etc. A systematic analysis of EU legislation suggests that the most significant distinguishing features of European governance are that it is based on the principles of good governance, multi-level (including network) governance, the rule of law and respect for human rights. Initially, European governance had the character of an intersectoral principle that determined the order of organization and activities of public authorities within the EU in all areas of the functioning of public administration, but after the adoption of the Charter of Fundamental Rights of the EU and giving it the force of the founding treaties of the EU (i.e., giving it essentially the status an integral part of the unwritten constitution of the EU), where one of the fundamental human rights is the right to proper governance, this principle is actually brought to the level of the foundations of the constitutional law of the EU. Conclusions. The conclusion is substantiated that European governance from the point of view of the constitutional law of the EU means good, multi-level, subordinate to the law and “respectful of human rights” governance. The transformation of the concept of European governance into the EU legal system is a vivid example of the constitutionalization of this supranational entity. In the system of constitutional law of the EU, European governance as a political and legal concept has become a fundamental constitutional principle, one of the foundations of the constitutional order of the EU. Ukraine's course towards European integration leads to the need for full implementation of the requirements of European governance in political and legal practice and national legislation.

The relationship between European Union and International Human Rights Law has not always been close. The global projection of the EU, specially, its interest in becoming a leader in international trade, is facing its negative impact in some territories, specially those affected by human rights violation or negation of fundamental rules of International Law, such as ius cogens self-determination of people. This paper will examine to what extend the practice of the European Union trading with occupying and administrative powers in some territories could jeopardise its compliance with its own values and principles.

This article is dedicated to the concept of personal data. Although notion of the personal data was introduced to data protection legislation quite a while ago, a number of issues has still remained unresolved. One of such issues is the identifiability, a condition for qualification of certain data as the personal data. This condition ignited an academic controversy resulted in a juxtaposition of the absolute and relative approaches to the concept of personal data and, subsequently, pseudonymised data. Yet, both these approaches are observable in the GDPR. Consequently, application of a moderate approach (in-between the absolute and relative approaches) may be suggested. Application of the moderate approach is a means to balance the protection of personal data against other EU rights and freedoms, such as the conduct of business. Finally, by the way of the moderate approach a legal status of the initial data controller may be distinguished from a subsequent recipient of pseudonymised data.