170

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Blockchain and the General Data Protection Regulation

24-07-2019

In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockchains and the European Union’s General Data Protection Regulation (‘GDPR’). Whereas, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one the data controller, blockchains make the allocation of responsibility and accountability burdensome. Further, although the GDPR is based on the assumption that data can ...

In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockchains and the European Union’s General Data Protection Regulation (‘GDPR’). Whereas, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one the data controller, blockchains make the allocation of responsibility and accountability burdensome. Further, although the GDPR is based on the assumption that data can be modified or erased where necessary to comply with legal requirements, blockchains, however, render the unilateral modification of data purposefully onerous in order to ensure data integrity and to increase trust in the network.

External author

This study was written by Dr Michèle Finck

The impact of the UK's withdrawal on the institutional set-up and political dynamics within the EU

07-05-2019

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, examines the impact of Brexit on the institutional balance within the Council and European Parliament, on the interinstitutional balance and on the necessity of Treaty changes, and delineates constitutional limits on the participation of non-Member States in EU policies.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, examines the impact of Brexit on the institutional balance within the Council and European Parliament, on the interinstitutional balance and on the necessity of Treaty changes, and delineates constitutional limits on the participation of non-Member States in EU policies.

External author

BESSELINK Leonard, SWIDER Katjia, MICHEL Bastian

EU investment protection after the ECJ Opinion on Singapore: Questions of competence and coherence

25-03-2019

Investment protection continues to be a controversial issue, as shown in particular during the negotiations on the EU-US Transatlantic Trade and Investment Partnership (TTIP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA). To address stakeholder concerns, the EU has moved from traditional investor-state dispute settlement arrangements towards introducing bilateral investment court systems in new agreements and pursuing the goal of establishing a permanent multilateral investment ...

Investment protection continues to be a controversial issue, as shown in particular during the negotiations on the EU-US Transatlantic Trade and Investment Partnership (TTIP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA). To address stakeholder concerns, the EU has moved from traditional investor-state dispute settlement arrangements towards introducing bilateral investment court systems in new agreements and pursuing the goal of establishing a permanent multilateral investment court. At the same time, the European Court of Justice defined the limits of the Union’s exclusive competence in its opinion of 16 May 2017 with regard to the EU-Singapore Free Trade Agreement (FTA), which has led to the splitting of new FTAs into two parts, treating investment protection separately. Adding to the complex picture, a plethora of EU Member States’ bilateral investment treaties also remain in place. The workshop held by the Committee on International Trade took stock of existing EU investment protection provisions and analysed the options for a coherent and predictable dispute settlement system in line with the EU Treaties.

External author

Prof. Dr. Steffen HINDELANG, LL.M., Department of Law, University of Southern Denmark, and Dr. Jurgita BAUR, Germany; and Prof. Dr. Stephan SCHILL, LL.M., Amsterdam Center for International Law, University of Amsterdam, the Netherlands

What if your emotions were tracked to spy on you?

13-03-2019

Recent reports of celebrity singer, Taylor Swift, deploying facial recognition technology to spot stalkers at her concerts raised many eyebrows. What started out as a tool to unlock your smartphone or tag photos for you on social media is surreptitiously becoming a means of monitoring people in their daily lives without their consent. What impact and implications are facial recognition technology applications likely to have, and what can be done to ensure the fair engagement of this technology with ...

Recent reports of celebrity singer, Taylor Swift, deploying facial recognition technology to spot stalkers at her concerts raised many eyebrows. What started out as a tool to unlock your smartphone or tag photos for you on social media is surreptitiously becoming a means of monitoring people in their daily lives without their consent. What impact and implications are facial recognition technology applications likely to have, and what can be done to ensure the fair engagement of this technology with its users and the public at large?

Expedited settlement of commercial disputes in the European Union

05-12-2018

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should ...

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should focus on the enhancement of procedural efficiency, among other things, by taking action to reduce length of procedure. The 2018 European Added Value Assessment (EAVA) suggests that the EU actions to expedite settlement of commercial disputes could generate European added value for the EU economy and businesses in the range of 4.6 to 5.7 billion EUR annually. The European added value can be created through increase in direct contribution of litigation services revenues to the EU economy and through reduction of opportunity costs to business associated with length of judicial proceedings.

A Ten-Year-Long “EU Mediation Paradox”- When an EU Directive Needs To Be More …Directive

21-11-2018

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

External author

Giuseppe De Palo, Professor of Alternative Dispute Resolution Law and Practice at Mitchell Hamline School of Law, St Paul, U.S.A

Mediation Directive 2008/52/EC

15-11-2018

Mediation Directive 2008/52/EC defines the procedure of environmental impact assessment. It intends to facilitate access to alternative dispute resolution mechanisms and to promote the amicable settlement of disputes, while encouraging the use of mediation. The directive applies to cross-border disputes in civil, including family law, and commercial matters. This note provides a brief overview of its implementation.

Mediation Directive 2008/52/EC defines the procedure of environmental impact assessment. It intends to facilitate access to alternative dispute resolution mechanisms and to promote the amicable settlement of disputes, while encouraging the use of mediation. The directive applies to cross-border disputes in civil, including family law, and commercial matters. This note provides a brief overview of its implementation.

The Future Relationship between the UK and the EU following the UK’s withdrawal from the EU in the field of family law

23-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, explores the possible legal scenarios of judicial cooperation between the EU and the UK at both the stage of the withdrawal and of the future relationship in the area of family law, covering the developments up until 5 October 2018. More specifically, it assesses the advantages and disadvantages of the various options for what should ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, explores the possible legal scenarios of judicial cooperation between the EU and the UK at both the stage of the withdrawal and of the future relationship in the area of family law, covering the developments up until 5 October 2018. More specifically, it assesses the advantages and disadvantages of the various options for what should happen to family law cooperation after Brexit in terms of legal certainty, effectiveness and coherence. It also reflects on the possible impact of the departure of the UK from the EU on the further development of EU family law. Finally, it offers some policy recommendations on the topics under examination.

External author

Marta REQUEJO ISIDRO, Senior Research Fellow, Max Planck Institute Luxembourg/Altair Asesores, Tim AMOS, Barrister, Collaborative Lawyer and Resolution Mediator/Altair Asesores, United Kingdom Pedro Alberto DE MIGUEL ASENSIO, Professor, Complutense University of Madrid/Altair Asesores, Spain Anatol DUTTA, Professor, Ludwig Maximilians University of Munich/Altair Asesores Mark HARPER, Partner at Hughes Fowler Carruthers, Academy Court, United Kingdom/Altair Asesores

COLLECTIVE REDRESS IN THE MEMBER STATES OF THE EUROPEAN UNION

03-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised by collective redress: access to justice. This principle, which is essential in a Union enforcing the rule of law, is currently challenged by the existing divergences. As such the creation of harmonised collective redress mechanism is becoming an increasingly pressing matter.

External author

Rafael AMARO, Associate Professor at the University Paris-Descartes, France Maria José AZAR-BAUD, Associate Professor at Paris-Sud University, France Sabine CORNELOUP, Professor at the University Paris II Panthéon-Assas, France Bénédicte FAUVARQUE-COSSON, Professor at the University Paris II Panthéon-Assas, France Fabienne JAULT-SESEKE, Professor at the University of Versailles-Saint-Quentin-en-Yvelines, France

What if blockchain were to be truly decentralised?

27-09-2018

Technological systems, once introduced in a particular socio-economic context, often evolve in unforeseen ways and may fall prey to unexpected power relations. Blockchain, as a technology that relies on decentralisation to enable storing and securing data-based transactions without central administration, is currently facing significant centralisation pressures that may undermine the purpose of operating a decentralised blockchain network. But what if blockchain fulfilled its promise to be truly ...

Technological systems, once introduced in a particular socio-economic context, often evolve in unforeseen ways and may fall prey to unexpected power relations. Blockchain, as a technology that relies on decentralisation to enable storing and securing data-based transactions without central administration, is currently facing significant centralisation pressures that may undermine the purpose of operating a decentralised blockchain network. But what if blockchain fulfilled its promise to be truly decentralised?

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