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1. The Impact of Increased Mass Litigation in Europe

Author:
Fredrik Erixon, Oscar Guinea, Dyuti Pandya, Vanika Sharma, Elena Sisto, Oscar du Roy, Renata Zilli, and Philipp Lamprecht
Publication Date:
03-2025
Content Type:
Working Paper
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
The purpose of this study is to better understand the growth of mass litigation in the European Union (EU) and its economic consequences. European authorities have long encouraged consumers to seek redress through private litigation in European competition law and, more recently, they have shifted their focus towards collective actions in a broad range of areas, including data privacy and product liability. Facilitating access to justice through collective actions is not a cost-free option. Unfortunately, there is a lack of economic analysis on the consequences of an increase in collective action cases in the EU. It is crucial to understand the economic consequences of a “mixed regime” – that is, a regime based on both ex-ante public enforcement through regulation and ex-post enforcement through private litigation. The combination of these two enforcement models raises questions about how the system is intended to work together and what the consequences might be for the economy. This study examines the economic implications of these developments in the EU.
Topic:
Law, European Union, Regulation, Regional Economy, and Litigation
Political Geography:
Europe

2. International Register of Damage: The Guarantee of Recovering Justice in Ukraine

Author:
Olena Agapova
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study addresses the urgent need to establish a comprehensive compensation mechanism for damages incurred by Ukraine due to Russian aggression. The research analyzes the legal, procedural, and practical aspects of the Enlarged Partial Agreement on the Register of Damage instituted by the Council of Europe. Methodologically, the study employs existing literature, legal documentation, and various scientific methods to understand the dynamics of compensation mechanisms. The study identifies unresolved issues through a comprehensive literature review and proposes solutions. The study underscores the pivotal role of the Ministry of Justice of Ukraine in meticulously documenting damages and proposes specific categories of compensation claims. Overall, the research highlights the significance of international cooperation and legal frameworks in restoring justice and providing accountability for those affected by the conflict.
Topic:
Law, European Union, Accountability, Russia-Ukraine War, Public Administration, and Council of Europe
Political Geography:
Europe and Ukraine

3. Is the West Wobbling on its Democratic Pedestal?

Author:
William Harrison
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The West has been arguing for decades that the Developing World and Post-Soviet World should be democratic. It argues that democracy is the best form of government and that countries around the world should embrace democracy or face certain kinds of punishment such as a reduction in development aid. It is not the purpose of this paper to argue the benefits of democracy over other forms of government but instead to argue that, with democratic norms under attack in much of the West, that the West is no longer in a moral position to claim to be the promoters of democracy internationally. This paper will discuss events, laws, and actions by Western Countries that are inimical to democracy and argue that if the West wants to regain what it sees as the democratic moral high ground it must alter its policies to being more democratic itself.
Topic:
Development, Government, Law, and Democracy
Political Geography:
Europe and North America

4. What to take away from the European law on artificial intelligence

Author:
Thaima Samman and Benjamin De Vanssay
Publication Date:
07-2024
Content Type:
Working Paper
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On top of all these initiatives and legislations, the European Commission has proposed two directives to the regulation on Artificial Intelligence (“Artificial Intelligence Act”, hereafter AI Act) is a landmark piece of EU legislation in the field of AI. One of its primary aims is to regulate the use of this technology in a number of areas based on a risk-based approach. In that respect, the AI Act sets gradual obligations for the different parties involved in the AI value chain depending on the level of risk that the use of AI raises in concrete use cases. The AI Act should therefore be viewed as a targeted intervention, and not a cross-cutting legislation like the General Data Protection Regulation (GDPR). The AI Act was adopted by EU co-legislators in May 2024 and will enter into force 20 days after its publication in the Official Journal of the European Union on July 12. It will apply from August 2, 2026. Meanwhile, the Commission has launched the AI Pact, a voluntary initiative inviting AI providers to comply with the key obligations of the AI Act in advance of its entry into force.
Topic:
Law, European Union, Artificial Intelligence, Value Chains, and European Commission
Political Geography:
Europe

5. Beyond European extraterritoriality, for legal intelligence and compliance in the service of sovereignty: A response to the extraterritoriality of foreign laws to safeguard fundamental European values

Author:
Amélie Giuliani
Publication Date:
01-2023
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
In this period of change, companies must anticipate their local legal environment, regional and international regulations and foreign laws with extraterritorial scope on a daily basis.
Topic:
International Relations, Sovereignty, Law, European Union, and Compliance
Political Geography:
Europe

6. Digital Sovereignty: For a Schuman Data Plan

Author:
Arno Pons
Publication Date:
01-2023
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On 9 January, the European Commission launched the first cooperation and monitoring cycle for the achievement of the European Union’s digital decade by 2030. If, in the digital field, Europe faces issues of sovereignty, it is because it has left the sector open for over twenty years to the American Tech giants, who have imposed a game whose rules that have never been understood here. Either because these rules were inaccessible to the European Union (Moore and Metcalfe laws), or because we accepted that there were no rules of the game (code is law).
Topic:
Markets, Science and Technology, Infrastructure, Law, European Union, Data, European Commission, and Digital Sovereignty
Political Geography:
Europe

7. Promoting Evidence-Informed Immigrant Integration Policymaking

Author:
Jasmijn Slootjes
Publication Date:
10-2022
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
Across Europe, immigrant integration policy has often been forged in the heat of crisis and driven by political priorities. This can be seen in the response to millions of people fleeing war in Ukraine and to the 2015–16 migration and refugee crisis. Resources and attention are much less frequently devoted to gleaning lessons from integration initiatives and using them to improve policymaking going forward. Yet, pressing labor shortages, strained government budgets, and social cohesion challenges all point to the importance of implementing integration policies that efficiently use limited resources—and that work. This policy brief explores why immigrant integration has fallen behind other policy areas in embracing an evidence culture and suggests ways to remedy this lag. It first examines recent progress and key gaps in this area, and then maps the obstacles that continue to hinder an evidence revolution in integration policy. The brief concludes with recommendations for creating an environment in which evidence-informed integration policymaking can thrive, including through the effective use of pilot projects, targeted funding, stakeholder engagement, and capacity-building initiatives.
Topic:
Migration, Law, European Union, Immigrants, Integration, and Immigration Policy
Political Geography:
Europe

8. Legal options for a green golden rule in the European Union’s fiscal framework

Author:
Zsolt Darvas
Publication Date:
07-2022
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
Achieving the European Union’s climate goals and decoupling from Russian energy will require a massive increase in green public spending, which will be difficult when EU fiscal rules requiring fiscal consolidation are reinstated. The two major proposals to address the conflicting goals of fiscal consolidation and increased green public investment needs are a possible new European climate investment fund and a green golden rule. The latter would exclude any increase in net green public investment from the fiscal indicators used to measure compliance with fiscal rules, for countries with sound public finances. An EU climate fund and a well-designed green golden rule would be equivalent in terms of project selection, implementation and control procedures. If the climate fund does not involve redistribution across member states, then the treatment of related spending and consequent borrowing in national fiscal indicators and in the EU’s fiscal framework would be the same. New regulations would be needed to set up both the climate fund and the green golden rule. Special legislation would be needed to exempt the subsequent climate expenditures from EU fiscal rules in both cases. A climate fund financed by EU borrowing with redistributive effects across countries would likely result in the exclusion of the fund’s activities from national fiscal indicators and EU fiscal rules without any legislative changes. There are question marks about the desirability and political feasibility of redistribution across the EU for climate purposes. An EU climate fund, irrespective of whether or not it involves redistribution, would mainly benefit southern and eastern EU countries. An instrument is needed to foster green public investment in western and northern EU countries as well. The green golden rule would be such an instrument. While there are some pragmatic options to mimic a green golden rule in the current EU fiscal framework, such as amending the so-called ‘investment clause’ and adjusting the medium-term objective for the structural balance, ultimately, elements of the 2011 Six-Pack legislation and the 2012 Treaty on Stability, Coordination and Governance should be revised to include a green golden rules.
Topic:
Climate Change, Law, European Union, Fiscal Policy, and Energy
Political Geography:
Europe

9. R (Begum) v Special Immigration Appeals Commission; R (Begum) v Secretary of State for the Home Department; Begum v Secretary of State for the Home Department [2021] UKSC 7, [2021] AC 765

Author:
Eric Fripp
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The decision of the Supreme Court represents yet another prompt to reflection asto the very wide provision for deprivation of British citizenship bytheSSHD undertheBNA 1981s 40(2). By making clear the paucity of domestic law restraints upon the SSHD, the decision may ultimately have the effect of moving attention to the question—which the Supreme Court did not address —of whether domestic law safeguards, if not reformed, might be found so insufficient as to fall short of the international law norm prohibiting arbitrary deprivation of nationality, which the European Court of Human Rights in recent cases has been willing to find applicable through the broader art 8 ECHRrights. That question looms over the future but will,for the moment,remain unresolved. It also raises important questions concerning the absence of protection from serious harms which may, given the technical nature of the statelessness definition, not be alleviated by protection from statelessness, and leaves to be resolved on the facts of future cases important issues of child law, including the international human rights protections of the CRC89.
Topic:
Law, Children, Citizenship, Courts, and Stateless Population
Political Geography:
United Kingdom and Europe

10. Hybrid Warfare or Hybrid Threat – The Weaponization of Migration as an Example of the Use of Lawfare – Case Study of Poland

Author:
Piotr Lubinski
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
This article aims to address the issue of alleged hybrid warfare attacks on Lithuania, Latvia, and Poland. The scope of the article covers the Belarus operations conducted in 2021. Firstly, the author addresses the issue of pushing migrants from a descriptive perspective. Secondly, he debates whether Belarus operation was conducted within the scope of hybrid warfare, hybrid threat, and lawfare? The author concludes that the Republic of Belarus has operated lawfare falling within the hybrid threat spectrum. It means that the situation is not to be classified under the law of armed conflict from the perspective of international and non-international armed conflicts and ius ad bellum violation. Thirdly, the author claims that Belarus has violated international law, so certain legal redress is appropriate and justified. Belarus's actions may result in a court proceeding before the International Court of Justice and before other international institutions.
Topic:
Migration, Law, Hybrid Warfare, and Hybrid Threats
Political Geography:
Europe and Poland