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1. Getting Statelessness Published: Pathways to Publication for Early Career Researchers in the Field of Statelessness Studies

Author:
Barbara von Rütte
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In Hungary, four legislations regulating citizenship-related issues in detail had been enacted starting from the second half of the 19th century. The Hungarian legislation recognises the legal status of statelessness and the concept of a stateless person. Hungary has ratified both the 1954 Convention relating to the Status of Stateless Persons(‘1954 Convention’)1 and the 1961 Conventionon the Reduction of Statelessness (‘1961 Convention’).2 Consequently, there was an intention to find a solution for persons who submit an application for stateless status in its territory. In this commentary, I introduce the Hungarian citizenship legislation in force, particularly focusing on the articles concerning the acquisition of Hungarian citizenship and how these relate to statelessness. I examine whether statelessness is adequately addressed in the legislation governing the acquisition of Hungarian citizenship and whether the legislation in force is able to provide appropriate safeguards in order to prevent statelessness, especially childhood statelessness. Comprehensive analysis regarding this matter is currently lacking. I argue that the situation in Hungary could be viewed as a ‘glass half empty’, as the citizenship legislation does provide some safeguards against statelessness, but significant flaws remain in the legislation regarding the prevention of statelessness, especially childhood statelessness. The National Assembly should address these gaps toenable Hungary to fulfil its international obligations under the 1961 Conventionto prevent and eradicate childhood statelessness. This commentary only focuses on the examination of the citizenship law and its safeguards against statelessness. I do not extend the analysis to the Hungarian statelessness determination procedure.
Topic:
Citizenship, Naturalization, Legislation, Statelessness, and Hungarian Citizenship Act
Political Geography:
Europe and Hungary

2. AI Unleashed or Tamed? Decoding Europe’s Bold Leap with the AI Act

Author:
Arianna Jater
Publication Date:
03-2024
Content Type:
Policy Brief
Institution:
International Centre for Defence and Security - ICDS
Abstract:
2023 saw a boom in generative Artificial Intelligence (AI). However, such a rapid expansion revealed the unpreparedness of governments to handle the unprecedented impact AI systems have on the core values of democratic societies. The European Commission’s AI Act has emerged as the first binding legislation of its kind. It is already clear, however, that simply ratifying the Act will not solve the next challenges. Among those, the immediate one is to ensure that the new AI rulebook is enforced on the national level and that Member States have the resources necessary. Then, the Act, and any future AI legislation, will need to constantly adapt to the ever-changing developments in technology, which now seem to move at a faster pace than ever before. Interdisciplinary approaches and new research disciplines will be needed to analyse the correctness and safety of AI systems, as well as to evaluate their impact on society. Last but not least, the private sector — already employing or only exploring the possibility of introducing AI systems — will need strong support to remain compliant. This brief outlines the state of the EU’s AI Act, discusses concerns within Europe, examines the position taken by the Estonian technology sector and government, and explores the future direction the regulation might take.
Topic:
Science and Technology, European Union, Regulation, Legislation, Artificial Intelligence, Private Sector, and European Commission
Political Geography:
Europe and Estonia

3. Digital legislation: convergence or divergence of models? A comparative look at the European Union, China and the United States

Author:
Aifang Ma
Publication Date:
11-2024
Content Type:
Working Paper
Institution:
Robert Schuman Foundation (RSF)
Abstract:
In 1964, when the Canadian pioneer of media studies, Marshall McLuhan, argued that media is an extension of man, he did not foresee that future media, at the beginning of the 21st century, would produce increasingly pernicious effects[1]. While media have indeed extended human capacities, they have also shown to be generators of complicated social and ethical problems. In the same year philosopher, Herbert Marcuse, who analysed relations between Man and Machine from a deeply pessimistic viewpoint. His predictions seem to be corroborated by what we are now experiencing: the easy life made possible by technological progress has progressively gnawed into the individual critical reasoning. Instead of imposing their control over technologies, human beings are increasingly at their mercy. The domination of technology over individuals is all the stronger, since it seems harmless and is pleasant to use. In this context, the regulation of digital technologies[2] is flourishing in autocracies and democracies alike. Its importance goes far beyond the need of authoritarian regimes to cut off the transmission of destabilising content. It is universal since digital technologies set common challenges to national governments: illegal collection of users’ personal data, precarious working conditions for gig workers, monopolistic practices of large platforms, threats to human dignity and domestic security. These problems are causing trouble to all governments around the world. This article aims to be pragmatic. Beyond differences in political regime, it studies the regulatory approaches of the three largest digital economies in the world: China, the United States, and the European Union. The three models can potentially hinder or stimulate the development of digital technologies without necessarily opposing each other.
Topic:
European Union, Media, Legislation, and Digital Policy
Political Geography:
China, Europe, Asia, North America, and United States of America

4. Empires of Exceptionalism: Lessons from the EU AI Act and Attempts at AI Legislation in California

Author:
Hosuk Lee-Makiyama and Claudia Lozano
Publication Date:
11-2024
Content Type:
Policy Brief
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
The EU AI Act, which passed after three years of negotiations and much ambivalence, sets a comprehensive regulatory framework that reflects the European Union’s unique needs that are not translatable to other jurisdictions. The proposed bill in California (SB 1047) illustrates this case in point. The bill could potentially mislead the public into thinking that AI is already under effective regulatory control. Lawmakers must recognize that the EU differs from other systems. The EU AI Act is not only shaped by the desire to slow down global AI development, allowing Europe to catch up with rivals like the US and China: The EU lacks an enforceable constitution, and the Act prohibits its governments to impose social scoring and discriminatory measures. SB 1047 only addressed humanity-ending disasters and had unclear practical value. Meanwhile, the EU AI Act was passed into law to prevent internal competition and Europe’s history of authoritarianism. Existing laws in California and the EU already regulate most AI use cases. In addition, the EU AI Act reviews existing regulations to ensure they are still fit for purpose, something California failed to do in SB 1047. A critical takeaway is to examine existing obligations or executive powers (including enforcement agencies and public funding) to achieve the desired policy objectives. The diverging outcomes of the two laws show the importance of avoiding mismatches between policy objectives and legislative scope. AI regulation cannot substitute for other policy objectives, like privacy and antitrust. Also, lawmakers must weigh the cost of failed regulation against the risks of non-regulation. California did not see any immediate costs of inaction, whereas delayed action by the EU might have led to the fragmentation of its internal market. Also, given its collective decision-making, the EU can escape accountability for policy failures due to premature laws in a way the leaders in other political systems cannot.
Topic:
European Union, Digital Economy, Legislation, and Artificial Intelligence
Political Geography:
Europe, California, North America, and United States of America

5. UK-EU Divergence Tracker Q1 2024

Author:
Joël Reland
Publication Date:
04-2024
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
This edition of UK in a Changing Europe’s UK-EU Regulatory Divergence Tracker covers developments from January to March 2024. The Divergence Tracker provides an overview of where and how the UK has diverged from EU regulation. It identifies and analyses the most significant cases of divergence between the UK and EU during the period. It explains what the changes are, what impact they are having, and likely further consequences. In the Q1 2024 edition, the tracker finds five cases of active divergence (where the UK, or some part of it, changes its rules); fifteen of passive divergence (where the EU changes its rules and the UK, or some part of it, does not follow); one of ‘NI divergence’ (a new category covering cases where action is taken on the potential application of new or updated EU legislation in Northern Ireland); one of procedural divergence (where new processes are introduced to change how pre-existing divergence is managed); and three of active alignment (where the UK takes steps to align more closely with EU rules, systems or programmes). The standout trend in this tracker is the large volume of EU-led divergence, due to the rush to complete files before the parliamentary elections in June. In contrast to the EU, the pace of UK legislation has slowed in the run-up to the general election.
Topic:
European Union, Regulation, Legislation, and Divergence
Political Geography:
United Kingdom and Europe

6. Increasing Systemic Legal Risks in the EU: The Economic Impacts of Changes to the EU’s Product Liability Legislation

Author:
Matthias Bauer and Elena Sisto
Publication Date:
06-2023
Content Type:
Working Paper
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
The EU’s Product Liability Directive (PLD) determines the rules for strict product liability in the EU. It establishes a framework in which manufacturers’ liability is determined solely based on the presence of defects in the product, regardless of the manufacturer’s fault. The PLD is intended to serve as a “safety net” when fault-based or contractual liability rules do not offer sufficient compensation to consumers. It operates independently from contractual arrangements between businesses and consumers, and it cannot be weakened by contractual agreements between businesses and consumers. The PLD is a horizontal regulation that applies to a wide range of industries in the EU because it applies to all products available on the EU market. The recently proposed changes by the European Commission would increase systemic legal uncertainty for producers and sellers of technology-intensive goods and services in the EU. The impact assessment of the European Commission does not sufficiently account for changes to the PLD proposed in 2022. Nor does it sufficiently account for the major impacts of increased legal uncertainty for European businesses. Legislators in the Council and the European Parliament should slow negotiations to allow time for policymakers to collect more evidence on the impacts on businesses, insurers, and courts we detail in this paper. This would be an opportunity to improve regulatory quality in light of the high levels of legal uncertainty associated with the changes proposed by the Commission.
Topic:
Economics, European Union, Legislation, and Risk
Political Geography:
Europe

7. Violence against women: A public health crisis

Author:
Victoria Pedjasaar
Publication Date:
11-2023
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
In the EU, a third of women over the age of 15 have experienced physical or sexual violence and over half have been sexually harassed. Although often overlooked, the majority of (workplace) violence takes place in the healthcare sector as healthcare professionals are 16 times more at risk of violence in comparison to other occupations. Violence does not only manifest in abusive behaviour toward workers on duty but can also be perpetrated on women as receivers of healthcare. High rates of violence in healthcare, brought on and exacerbated by gender stereotypes and inequality, point to dysfunctional health systems. This Discussion Paper provides policy recommendations on the way forward for the EU member states, taking a closer look at: Gender-based violence against healthcare workers. Obstetric and gynaecological violence against women. Gender-based violence as a story of gender inequality. Legislation and policies that protect women.
Topic:
European Union, Women, Inequality, Gender Based Violence, and Legislation
Political Geography:
Europe

8. Fair Competition for an Evolving Economy

Author:
Keldon Bester
Publication Date:
09-2023
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Fair competition is essential to economic growth. Without it, corporate concentration takes over. Canada’s permissive merger law has allowed a small number of big corporations to dominate key sectors of the Canadian economy, resulting in limited consumer choice. Although Canada’s competition laws are currently under review, its global peers are taking steps to protect competition in their own economies. This paper recommends that Canada should focus on the role of fair competition in its competition law framework, specifically differentiating beneficial and harmful competition. Canada’s abuse of dominance provision protects against anti-competitive conduct, but it does little to protect new and emerging competitors. This paper suggests that Canada should look to international peers such as the European Union, Germany and the United States for cues to reform its own system.
Topic:
European Union, Economy, Legislation, Corporations, and Economic Competition
Political Geography:
Europe, Canada, Germany, North America, and United States of America

9. EU regions with legislative powers: Exploring the appetite, capacity and direction for EU policy influencing and delivery

Author:
Alison Hunter, Perle Petit, and Marialena Pantazi
Publication Date:
12-2021
Content Type:
Special Report
Institution:
European Policy Centre (EPC)
Abstract:
How can EU regions with legislative powers amplify their presence through the RLEG initiative and play a stronger role in EU decion-making? Made up of 16 regions with legislative powers, the RLEG initiative aims to contribute to and improve the functioning of EU multilevel governance systems. The joint initiative also aims to bring citizens closer to the EU, such that a stronger ‘line of sight’ is generated between them and the EU’s multilevel governance system. This requires that the role of regions with legislative powers is better acknowledged by key partners. However, that recognition is not currently present, which directly impacts the role RLEG can play in EU decision-making. This report recommends that RLEG improves the positioning of their agenda for greater coherence and visibility so as to foster improved dialogue with decision-makers.
Topic:
European Union, Legislation, Autonomy, and Regional Politics
Political Geography:
Europe, Spain, and Basque Country

10. Behavioural Data in Credibility Assessment: Case Study of Kaja Godek’s Explanatory Statement of Anti-LGBT Law

Author:
Patryk Wawrzyński
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Nowa Polityka Wschodnia
Institution:
Faculty of Political Science and International Studies, Nicolaus Copernicus University in Toruń
Abstract:
The paper explores the application of behavioural data analysis in the credibility assessment of a speaker. It presents how researchers investigate non-verbal communication, expressions of emotions or indicators of arousal to evaluate congruency using audiovisual material. Furthermore, the case study of Polish political activist Kaja Godek’s explanatory statement of an anti-LGBT bill on October 28, 2021, suggests possible ways, in which the automated system FaceReader (and Facial Action Coding System as its theoretical background) may enrich methods of social science. As a result, it offers an example of an innovative approach towards political communication and the credibility of an argument.
Topic:
Politics, LGBT+, Legislation, Behavior, Case Study, and Credibility
Political Geography:
Europe and Poland