Union Law Research Articles

Bonds without belonging? The genuine link in international, union, and nationality law

Abstract What kind of connection should form the basis of nationality? For decades, the ‘genuine link’ has been a central, yet controversial concept in international and European scholarship and practice. The controversy revolves around a simple question: does nationality require a certain degree of belonging? Or put differently, can there be such bonds without belonging? Recently, the debate has been rekindled by the Maltese practice of ‘golden passports’. This contribution traces the state of the debate, anchors the genuine link requirement in international and Union law, develops its contours and conditions, and discusses possible objections. We argue that the genuine link requirement is the result of an interplay of several sources: international law, the prohibition of abuse of law, and the constitutional principles of solidarity and democracy. Together, they form the basis for the genuine link in European Union law.

Courting controversy? The constitutional implications of the Court of Justice of the European Union’s involvement in the resolution of disputes after Brexit

Abstract The article sheds light on the under-discussed, but nonetheless constitutionally significant issue of the changing landscape for dispute resolution between the United Kingdom (UK) and the European Union (EU) post-Brexit. This pertains, in particular, to the Court of Justice of the European Union’s (CJEU) likely involvement in the resolution of disputes between the two parties across the arrangements governing both the UK’s withdrawal from and future relationship with the EU. The authors explore the dispute resolution mechanisms under the Withdrawal Agreement and the Trade and Cooperation Agreement (TCA), as well as the Court’s ‘legacy role’ in relation to (former) EU law concepts beyond the confines of the two Agreements. This article thereby evaluates the constitutional importance of the future role of the CJEU as a dispute settlement forum in these contexts, including the relationship between sources of ‘norms’ and the extent to which the UK will remain subject to its jurisdiction, or at least its influence, in the long term, whether directly or indirectly. It is argued that the CJEU’s influence, as well as the authority of EU law in the UK more generally, is now mediated through domestic law concepts, such as the recently devised concept of ‘assimilated EU law’, which replaces ‘retained EU law’, and which have the capacity to obfuscate the constitutional origins and thereby the constitutional legacy of EU-derived concepts. The article further contends that the ostensibly restricted involvement of the CJEU in the UK–EU relationship after Brexit must be appraised through the prism of the Withdrawal Agreement and TCAs’ provisions, which possess uniform legal force in both jurisdictions. The Agreements indicate a more expansive and enduring constitutional role for the CJEU and EU law concepts broadly speaking, than the one the then UK Government has publicly conceived. Consequently, a notable dissonance emerges between the political objective of ‘taking back control’ and the reality created by the legal framework governing the UK’s cooperation with the EU including the mechanism for resolving future disputes. Despite Brexit, the CJEU will continue to shape the constitutional contours of the relationship between domestic and Union law as well as between domestic sources of law, for many years to come.

Specific Considerations in the Interpretation of Contracts

The interpretation of contracts represents a core aspect of private law, impacting how contractual obligations are understood and enforced. This paper examines the interpretation of contracts within the framework of Romanian law, as outlined in the Romanian Civil Code. A comparative analysis is provided, contrasting Romanian principles with European Union law and the Anglo-Saxon approach, particularly as seen in the legal systems of the United Kingdom and the United States. This will help elucidate both the similarities and differences in contractual interpretation across these jurisdictions, with a focus on the legal terminology and doctrines that underpin these systems.

Regulatory Approaches for Algorithms on Online Platforms in the Digital Services Act

With the seemingly rapid progression of technological development, algorithms are also becoming increasingly powerful and complex, not least due to the emergence of artificial intelligence (AI). While the AI Act is not yet applicable, a European Union law governing the use of algorithms on online platforms already exists that sets out the potential risks and challenges associated with their use. The Digital Services Act (DSA) introduces several new regulations concerning algorithm-based, automatic filtering systems into EU law that play a particularly important role for online platforms, as algorithms are used in these in the form of filter and recommender systems. These help with the moderation of content on platforms on the one hand and ensure a better user experience on the other. At the same time, their use is also associated with potentially negative implications and risks. For example, the spread of misinformation, hate speech and other harmful content on online platforms can have a significant negative impact on democracy and social cohesion. The Digital Services Act aims to ensure that algorithmic systems are used transparently and responsibly. In the analysis of the Digital Services Act, the paper primarily employs the method of word interpretation. This involved a detailed examination of the language used in the Digital Services Act, focusing on the specific terms and phrases within the legislative text. By scrutinising the context and usage of these keywords, the paper aims to uncover their precise meanings and implications.

HARMONISATION OF THE CRIMINAL LAW OF THE SLOVAK REPUBLIC WITH THE LAW OF THE EUROPEAN UNION IN THE FIELD OF INTERNATIONAL CRIMINAL OFFENCES

Background: This paper addresses key issues related to the tools used to approximate the definitions of selected crimes within specific areas of the fight against organised crime. Despite the pursuit of communitarisation, some legal constitutions have remained rooted in an intergovernmental approach. Accordingly, this article examines individual international documents that served as the basis for selected international criminal offences incorporated into the Slovak Criminal Code. As with any process of harmonisation involving the legal regulations of individual states, aligning European Union law with Slovak Criminal Law was not easy, and many application problems arose. In this article, we focus on these challenges and explore possible solutions. Methods: In this contribution, standard methods commonly employed in the processing of scientific and professional texts focused on "European" criminal law were applied. The dominant method was the so-called analytical method, mainly used to examine current legislation related to the discussed issue. Additionally, a content and functional analysis of the most important institutes, which were contained in relevant international documents and important court decisions, was carried out. In the case of comparisons between Slovak and European legislation, a comparative method was used. Subsequently, conclusions were formulated using the synthetic method, the aim of which was to present proposals to eliminate shortcomings and improve the current legislation. Results and Conclusions: Through the analysis and comparison of relevant legal frameworks, several findings emerged. Specifically, we have found that the Slovak Criminal Code understands the concept of "organised criminal group" significantly more broadly than the relevant Framework Decision. This fact could cause problems in the recognition of decisions by other states. Additionally, the absence of a uniform definition of the concept of "terrorism" within the European Union is problematic as it may lead to inconsistencies that interfere with fundamental human rights and freedoms. In the field of drug trafficking, while no significant application problems were found in connection with the application of European Union law and the Criminal Code, disparities across the entire European Union, particularly in the criminalisation/decriminalisation of selected types of drugs and the varying severity of sanctions imposed by Member States. For arms trafficking, flaws were identified in the implementation of the relevant protocol into Slovak law, particularly in the definition and treatment of firearms parts and components. In cases of trafficking in human beings committed by a legal entity, the Criminal Code fails to meet the requirements of the relevant directive regarding the punishment of legal entities. Finally, the directive on environmental crimes contains vague terms which may cause application problems when approximating the provisions of the directive in relation to other states.

The Italy–Albania Protocol: A new model of border-shifting within the EU and its compatibility with Union law

This article critically examines the extraterritorial asylum processing model established by the Italy–Albania deal, arguing that it departs from traditional EU externalization strategies and presents new legal challenges. By analysing the criteria used by the EU Court of Justice to determine whether situations not explicitly regulated by EU law fall within its scope, the article shows that the examination of asylum claims in Albania could trigger the applicability of Union law, despite the territorial limitations of much of EU secondary legislation in the area of asylum. It further explores how this system may undermine the effectiveness and integrity of the CEAS and violate certain provisions of the Charter. The article concludes by advocating for CJEU intervention to clarify the relationship between extraterritorial asylum procedures and EU law, ensuring legal certainty and the consistent application of Union law.

Limits to Deprivation of National Citizenship under European Union law: the Case of Foreign Terrorist Fighters and the Right to be Readmitted into the EU for Their Children

Limits to Deprivation of National Citizenship under European Union law: the Case of Foreign Terrorist Fighters and the Right to be Readmitted into the EU for Their Children

Privacy Protection: YOLOv11 Face Detection and Blurring for GDPR Compliance in Hotels

Surveillance systems have undergone a drastic transformation over the years, with the advent of artificial intelligence (AI) in surveillance paving the way for better security and monitoring in public as well as private places, including hotels. But not without its considerable privacy implications since the introduction of the European Union (EU) law, the General Data Protection Regulation (GDPR), which aims to protect the privacy of EU citizens. The surveillance system collects sensitive guest data from personal information, facial data, and general appearance, making it paramount that hotels adhere to mandatory data protection laws such as the General Data Protection Regulation (GDPR) for visitors in the EU, to ensure that the data is not misused or accessed by unauthorized individuals. A privacy-protection framework for face detection and anonymization in hotel surveillance systems has been designed in this research to protect privacy from surveillance cameras based on YOLOv11, a top-tier convolutional neural network (CNN) model. The system checks for faces in video feeds/images and accurately applies a blurring mechanism, successfully anonymizing identities. The process is designed to comply with GDPR regulations while preserving essential capabilities of surveillance systems through anonymization. One of the inherent challenges is ensuring the privacy of the individuals going about their day-to-day business in front of such surveillance cameras, and at the same time, ensuring that the footage that could possibly be shared with authorities or even other stakeholders is useful. Such integration of YOLOv11 in hotel surveillance systems showcases the potential of artificial intelligence to provide security without compromising privacy.

Potential of clay‐rich waste and industrial by‐products as effective inorganic soil amendments to enhance soil physical properties

AbstractClay minerals play a crucial role in regulating the structure and functions of soils because of their chemical nature and their interactions with other soil constituents. In this context, a key objective of the research described in this article was to assess the extent to which the addition of various types of recycled clay‐rich materials to soils prone to crusting and erosion increase their clay content and improve their physical properties. Excavated soil (ExS), considered waste under European Union law, and quarry sludge (QS), an industrial by‐product of the washing process in mining operations, were used as soil amendments. ExS is dominated by swelling clay mineralogy such as interstratified illite‐smectite, whereas QS contains high level of non‐swelling clay minerals such as kaolinite and illite, and a low level of interstratified illite‐smectite. Lysimeters were filled with topsoil (0–30 cm) from an agricultural field. Treatments where the soil was amended with these materials were compared with a control without amendment. Lettuce was cultivated for three growing seasons. After 250‐days, the aggregate stability and water retention of the topsoil were measured. The equivalent pore‐size distribution (PSD), derived from the soil water retention curve, was analysed to predict soil water and aeration status. The application of QS to the topsoil enhanced soil structure without compromising lettuce productivity compared with the control and other treatments. However, amending topsoil with ExS decreased the stability because of the abundance of swelling clay minerals. Soil water retention at saturation increased from 27% in the control to 42% and 36% with ExS and QS amendments, respectively. At a pressure head >15,000 cm (residual pores <0.2 μm), water retention rose from 6% in the control to 19% with ExS and 14% with QS. The application of the clay‐rich material increased small pores compared with larger ones. This led to a minor increase in porosity responsible for water movement, aeration and root growth. This observation highlights the limitations of clay application benefits, which depend on the quantity and mineralogy of the clay and the presence of other binding agents. Further research is needed to investigate the combined effects of organic matter and clay‐rich materials on improving the soil structure and optimizing the pore size distribution for multiple functions.

The Impact of the Case Law of the EU Court of Justice on Law Enforcement in National Law in the Context of Ukraine's Integration into the European Union

The article analyzes the legal status of the Court of Justice of the European Union in the legal system of the European Union in accordance with the EU founding treaties (Treaty on European Union, Treaty on the Functioning of the European Union), its interaction with the key institutions of the European Union, Member States and, in particular, their national judiciaries, as well as its role in ensuring respect for and a uniform approach to the application of European Union law in the territory of the 27 EU Member States. In the context of Ukraine's integration into the European Union, the author examines aspects of the importance of the EU Court of Justice and its case law in law enforcement, in particular, the emergence of a mechanism for interpreting EU law for national courts. The case-law of the EU Court of Justice, in particular, in the cases C-715/17, C-718/17, C-719/17 (European Commission v. Poland, Hungary and the Czech Republic), C-658/11 European Parliament v. Council of the European Union, studied in the article, demonstrates the importance of the EU Court of Justice in preventing disputes and ensuring the uniformity of EU law. The EU experience shows that the case law of the CJEU helps to overcome differences in legal interpretation, promotes the rule of law, and forms the basis for effective legal harmonization. Ukraine, as a country on a way to join the European Union, faces the need to implement the judgments of the EU Court of Justice and take them into account in law enforcement for effective adaptation of national legislation to European standards. The article examines the main aspects of the impact of the case law of the EU Court of Justice on the legal system of Ukraine after its accession to the European Union and focuses on the challenges that may arise in the process of harmonization of Ukrainian legislation with the EU acquis.

Urgensi Pembaharuan Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria

This research is to determine the urgency of updating and Unification of Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations. The type of research method used is a normative juridical method using literature study of legal materials. Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations is a legal product that has regulated land law since 1960. This law is still in effect today. By looking at the year the legal product was created, it becomes an interesting topic regarding its validity and application. There are several problems that arise because there has been no update to the law governing land. This is due to Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations. Therefore, reform and unification of laws related to land in Indonesia are needed Keywords: Land, Land Conflict, Reform, Legal Unification

Issues of adapting national legislation to European Union law on the legal protection of journalists during wartime

Issues of adapting national legislation to European Union law on the legal protection of journalists during wartime

Conflict Refugees: European Union Law and Practice

Conflict Refugees: European Union Law and Practice

Exclusionary rules of evidence: rationale and European Union Law

Exclusionary rules of evidence: rationale and European Union Law

Legal foundations of the Rule of Law in the founding agreements of the European Union and international law: political, legal and social aspects

The article analyzes the legal foundations of the rule of law in the European Union, which are based on the norms of the EU founding agreements («Treaty on European Union – Maastricht Treaty», «Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community», «Charter of Fundamental Rights of the EU») and on the norms of the international law («Universal Declaration of Human Rights» , «Convention for the Protection of Human Rights and Fundamental Freedoms», «Statute of the Council of Europe»). Democracy, the rule of law and human rights are seen as interrelated values and fundamental principles on which the EU is built and functions. The trinity of these values and principles, manifested in their interconnectedness and interdependence, constitutes the mechanism for realizing the rights and freedoms of EU citizens. An analysis of a number of concepts of the rule of law, set out in modern studies by scientists from the EU and other countries in Europe and the world, has been conducted. The political, legal and social aspects of the rule of law in the European Union and their legal consolidation in the EU Constitutional Treaties have been investigated. It was found that a feature of the legal regulation of the rule of law in the EU is the normative consolidation of the political and social content of the rule of law. The author concluded that in a broad sense, the rule of law in the EU is a socio-politico-legal construct on which the EU is builted and functions. In the context of the raised topic, the main requirements and obligations recorded in the «Copenhagen Criteria» and 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», that must be fulfilled by Ukraine as a candidate country for joining to the European Community was considered. The author of the article identified promising directions and aspects of further scientific research on the rule of law in the EU. Theoretical and practical results of such research will contribute to understanding the value, essence and content of the rule of law, fostering a culture of the rule of law and will be an invaluable contribution to the process of European integration of Ukraine. Keywords: rule of law, European Union, legal regulation, democracy, human rights, public authority, EU rule of law policy, European integration.

Limiting the Right to Access Asylum: A Case Study of Latvia’s Response to the Migration Crisis on the Latvia-Belarus Border

Abstract As the numbers of attempted illegal crossings on the Latvia-Belarus border soared in the summer of 2021, the Latvian government responded with a complete suspension of asylum applications as well as directing its security forces to push those trying to enter Latvia illegally back into Belarus. This Article provides a legal assessment of Latvia’s response to the migration crisis under the 1951 Refugee Convention, the European Convention on Human Rights and European Union law. The study focuses in particular on whether Latvia is breaching its international obligations by limiting the right to submit asylum applications. It considers the validity of the justifications invoked by Latvia. It also explores whether there are any legal implications from the fact that the influx of migrants is a part of a hybrid attack organised by Belarus to create pressure on the European Union’s borders. The conclusion is that the initial suspension of asylum applications breaches the obligation of non-refoulement. It also suggests that the regimen currently in force is not ensuring genuine and effective access to the asylum procedure and is, thereby, again breaching Latvia’s obligations under the principle of non-refoulement.

Digital Platform Power Play: Indonesian and European Union Law Perspective

Plenty aspect of human life across various regions, also Indonesia, utilizes electronic systems for a multitude of activities, and involving digital platforms. The concept of Digital Platform Powerplay is linked to the digital market and personal data protection. In Indonesia, the regulatory framework governing digital markets and personal data primarily relies on Law No. 11/2008 concerning Electronic Information and Transactions, which has undergone two amendments: Law No. 19/2016 amending Law No. 11/2008, and Law No. 1/2024 amending Law No. 11/2008 for the second time and Law No. 27/2022 concerning Personal Data Protection. As a implementation regulation Government Regulation No. 80/2019 concerning Electronic Commerce and Government Regulation No. 71/2019 concerning the Implementation of Electronic Systems and Transactions further elaborate on these regulations. These legal provisions are intended to provide legal certainty for users. It is essential to review all regulations related to electronic systems and digital platforms by comparing them with the regulatory frameworks in the European Union. The study addresses two primary issues: 1) the legal regulation of digital markets from the perspective of Indonesian positive law, and 2) the legal regulation of digital markets from the perspective of European Union law. This research employs normative legal research methodologies, utilizing both statutory and comparative approaches. The findings of this study suggest that Indonesia should consider adopting the European Union's Digital Markets Act and Personal Data Protection regulations by amending Law No. 11/2008 concerning Electronic Information and Transactions and its amendments, with particular emphasis on aspects related to Digital Platform Powerplay.

New Legal Instruments for Digitizing Judicial Cooperation in the European Union and Access to Justice in Cross-border Civil, Commercial, and Criminal Matters

The article outlines the most important amendments and additions to the legislative framework of the European Union law on the digitisation of judicial cooperation between Member States and access to justice in cross-border civil, commercial, and criminal matters. The updating of the legislation in this aspect is the result of two legal acts, Regulation 2023/2844 and Directive 2023/2843, adopted on 13 December 2023 by the European Parliament and the Council, which are analysed according to their effect on the subject matter, time, place and legal subjects. Included are the amended acts of European Union law in this area, as well as the domestic legal acts which, in accordance with the new digital challenges, are to be amended or supplemented in the process of transposition of the said Directive, in order to modernise and strengthen judicial cooperation and to ensure a fair trial for the parties in cases with a cross-border element. The progress made by the European Commission on the implementation of the technological measures foreseen in the Regulation is noted.

Supremacy Over Primacy...? Reflections on Legal Controversies Between Poland and The European Union (2015–2023)

The violation of the rule of law in Poland (2015–2023) was related to the relationship between national law, especially constitutional law; and international law, especially European Union (EU) law. This article focuses on the issue of constitutional review in the context of concepts such as sovereignty and conferral of competences, as well as the supremacy of the Constitution and the primacy of application of international rules and principles. Sovereignty, a qualitative feature of the State, operates within the law, not outside of it. EU (international) law does not limit sovereignty, but the sovereign nature of the State cannot justify violations of the applicable law. Situating the relationship between international (EU) law and the national constitution in the perspective of the supremacy of one order over the other leads in practice to a collision and/or a stalemate. Rather, we should be guided by the principle of primacy as an “existential requirement” for the functioning of the Union, and more broadly, of international law. The primacy of application does not imply the supremacy of EU law over national law, nor the derogation of national law norms. Constitutional supremacy, on the other hand, is a principle of domestic law which does not have external legal effects and does not exempt a State from its international legal responsibility. The concepts of priority and supremacy coexist, but they fulfil different functions and express different perspectives – primacy does not prejudge supremacy, and supremacy does not exclude primacy. What is problematic is not so much the review of constitutionality per se, but the scope of that review and its effects. Once a national court has found a conflict between EU law and the national Constitution, should we accept the effect of selective refusal to apply EU law on the grounds of constitutional supremacy and sovereignty? The answer to this question is negative.

Respectarea și aplicarea teritorială extinsă a dreptului Uniunii Europene - factor de coeziune și stabilitate. Focus asupra „problemei cipriote”

"The specificity of the law of the European Union in relation to the national law of the Member States is based on the characteristic of the European Union as an international intergovernmental integration organization which acts in order to fulfill the common objectives of the Member States by adopting, in certain fields of competence, mandatory rules for them; these characteristics – the immediate application, direct application and primacy were stated in the relevant jurisprudence of the Court of Justice of the European Union (which succeeded the Court of Justice of the European Communities) and respected by the Member States. Along with these fundamental features, we appreciate that the law of the European Union also enjoys another particularity, namely its extended territorial application which is the subject of the analysis below, through which we will present the «territorial application of the Union Treaties» highlighting the originality of this characteristic, focusing on the application in the Turkish Cypriot Community in the light of the «Cyprus problem». The emphasis of the extended territorial application of European Union law assumes the solid foundations of the Union legal order which guarantees, at the same time, the respect for public international law and the United Nations Charter according to art. 3 paragraph (5) of the Treaty on the European Union, without detailing the notions of extraterritoriality and trans-territoriality which are the subject of a specific doctrinal analysis."