Biobanks correspond to different situations: research and technological development, medical diagnosis or therapeutic activities. Their status is not clearly defined. We aimed to investigate human biobanking in Europe, particularly in relation to organisational, economic and ethical issues in various national contexts. Data from a survey in six EU countries were collected as part of a European Research Project examining human and non-human biobanking. A total of 147 institutions concerned with biobanking of human samples and data were investigated by questionnaires and (...) interviews. Most institutions surveyed belong to the public or private non-profit-making sectors, which have a key role in biobanking. This activity is increasing in all countries because few samples are discarded and genetic research is proliferating. Collections vary in size, many being small and only a few very large. Their purpose is often research, or research and healthcare, mostly in the context of disease studies. A specific budget is very rarely allocated to biobanking and costs are not often evaluated. Samples are usually provided free of charge and gifts and exchanges are the common rule. Good practice guidelines are generally followed and quality controls are performed but quality procedures are not always clearly explained. Associated data are usually computerised. Biobankers generally favour centralisation of data rather than of samples. Legal and ethical harmonisation within Europe is considered likely to facilitate international collaboration. We propose a series of recommendations and suggestions arising from the EUROGENBANK project. (shrink)

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...) legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty. (shrink)

This article aims to highlight the theoretical and philosophical debate on hospitality underlining the normative elements of framing migrants and refugees as individual agents in the light of hospitality theory and migration governance. It argued the critiques of the neo-Kantian hospitality approach and the EU welcome culture with regard to refugees in the EU from a philosophical perspective. The “No human being is illegal” motto is proposed to be conceived as a principle of the EU Charter of Fundamental Rights. The (...) cosmopolitan right to visit and the universal right to reside were discussed in the context of human rights and co-responsibility. Linking the hospitality approach with migration governance enables the reconstruction of reception policies and practices, diversification of non-state actors that engage in migration governance mechanism, and polarization of political initiatives (e.g., politics of allocation and dispersal, readmission negotiations, convergence/divergence of priorities and strategic interests). The research findings highlight that the EU adopted a neo-Kantian hospitality approach that combines both “co-responsibility” and “vertical/heterarchical relations.” The EU’s “New Pact on Migration and Asylum” was considered proof of how the EU follows neo-Kantian hospitality that is manifested in dualism and contradictory approach. The study presents a typology that splits co-responsibility into individual/institutional actions and human rights/migration governance. (shrink)

ABSTRACT The EU’s activation of Article 7 procedures against Hungary and Poland signals that it is beginning to take seriously the illiberal turn in Central Europe. However, the likelihood that the EU can restrain populist and illiberal tendencies in Hungary and Poland in the near future is slim. Despite the efficacy of the EU and other international organizations in promoting liberalism in these countries in the past, similar efforts are hobbled by a lack of political will and by significant bureaucratic (...) hurdles. The impetus to protect the liberal institutions and practices developed after the collapse of communism must come from the combined efforts of additional external actors and, most of all, by strong pressure from below. (shrink)

The present essay focuses on problematizing the European Union's claim that intercultural dialogue constitutes an advocated method of talking through cultural boundaries—inside as well as outside the classroom—based on mutual empathy and non‐domination. More precisely, the aim is to analyze who is being constructed as counterparts of the intercultural dialogue through the discourse produced by the EU in policies on education, culture and intercultural dialogue. Within the Union, Europeans are portrayed as having an a priori historical existence, while the ones (...) excluded from this notion are evoked to demonstrate its difference in comparison to the European one. The results show that subjects not considered as Europeans serve as markers of the multicultural present of the space. Thus, intercultural dialogue seems to consolidate differences between European and Other—the ‘We’ and ‘Them’ in the dialogue—rather than, as in line with its purpose, bringing subjects together. (shrink)

This paper examines the creation of independent agencies within the EU, such as the European Environment Agency and the European Central Bank. Majone and others have argued the case for European regulatory agencies. Such agencies can provide for continuity, expertise, accountability and effective authority – in short, an institutionalisation of responsibility. Against this optimism, I argue that a dilemma of institutional design naturally arises from the agencies’ situation in the EU. On the one side, we risk creating powerful agencies that (...) institutionalise monomania– that is, agencies that single-mindedly and all-too-effectively pursue narrow agendas, inadequately checked by other bodies. On the other, we are also likely to encounter relatively impotent agencies which institutionalise schizophrenia– that is, agencies that must scout around for audience and support, and hence are unable to act effectively. (shrink)

The European Union Emissions Trading System (EU ETS) is in dire straits. Prone to design problems and suffering from the effects of the economic crises the scheme is criticised for its poor achievements. In this paper we will analyse some of the features of this situation from an ethical perspective. The major part is dedicated to the complications within each phase of the EU ETS and to the recent developments it has undergone. We will briefly discuss the remedies suggested by (...) prominent commentators. Furthermore, any policy tool to tackle climate change should be evaluated in view of the profound equity issues that are inherent to the climate problem. We will evaluate the EU ETS according to two justice-based criteria, related to effectiveness and the distribution of the duties involved in climate change, respectively. We will conclude that the EU ETS, in its current form, clearly lacks fairness on both criteria. However, the biggest problem is the unwillingness of EU leaders to mend, what could be, a commendable climate policy tool. To that extent, we argue, those leaders are acting unjustly. (shrink)

The EU is often considered to be a unique entity. This assertion rests on assessments of its institutional character more than on assessments of its social constituency, i.e., the structure of demands and expectations that citizens and groups place on the EU. Establishing the character of the latter is important both to understand the EU as polity and to understand its democratic deficit. It is also of theoretical interest given the increased focus on recognition politics, not only within nation-states but (...) also within the transnational realm. This article develops a conceptual-methodological framework with a set of structured tests so as to permit us to establish the character of the EU’s social constituency. This framework combines a philosophical approach to recognition with a sociological approach to contentious politics. A central element is the notion of ‘recognition order’, and the article briefly examines whether the EU might be said to make up a unique recognition order. (shrink)

The European Union (EU) has been challenged by several crises lately. In addition to Brexit, the Euro crisis, and the migration crisis; global issues such as the coronavirus pandemic and the Russian attack on Ukraine affected the EU. The migration crisis, on the one hand, differs from the above-mentioned crises with one remarkable feature. The member states have no real consensus about forming a common migration policy. Besides, for geographic reasons, some member states put much more burden on immigrants. Agreeing (...) on immigration becomes impossible for the border countries on the migration route and also transit countries. The paper argues that, unlike the other crises of the EU, the migration crisis reinforces EU integration in such a way that disputes between member states prevent the EU from making institutional changes about the issue. The study results assume that the other above-mentioned crises, on the other hand, stimulated institutional change throughout the EU. In light of this information, this study evaluates, using a method of relevant literature review and comparing the arguments of the researchers, how the migration issue became a subject of dispute between member states by evaluating the 2015 crisis. (shrink)

Income redistribution and insurance are core functions of welfare states. What role should the EU play in this domain? I examine the purchase of normative theorizing on social justice on this question, focusing on the contrast between three models of EU involvement: the EU as Support, which implies the sharing of resources through intergovernmental transfers; the EU as Provider, which implies EU cross‐border transfers towards individual citizens; the EU as Norm‐setter, which implies that the EU formulates normative policy ideals. I (...) review different accounts of justice for the EU and how they bear on the choice between these models of EU involvement. Conceptions of “background justice” have some purchase in a debate on the EU's role, but that purchase is limited. They need to be complemented by shared conceptions of domestic justice and a degree of moral cosmopolitanism. I argue that a “European Social Union” should be a Support and Norm‐setter in the realm of insurance and redistribution. Through the establishment of interstate insurance, it would be a true “insurance union.” It would engage in interstate redistribution, but there are no compelling reasons of justice for it to become a direct Provider of insurance or redistribution towards individual citizens. (shrink)

In line with Ken Manders’s seminal account of Euclid’s diagrammatic method in the “The Euclidean Diagram,” two proof systems with a diagrammatic syntax have been advanced as formalizations of the method FG and Eu. In a paper examining Eu, Nathaniel Miller, the creator of FG, has identified a variety of technical problems with the formal details of Eu. This response shows how the problems are remedied.

The aim of this article is to offer a comprehensive analysis of the European Union’s neo-abolitionist approach to prostitution, drawing on the literature that addresses the global rise of neo-abolitionism and using key concepts developed by the gendered approaches to the European Union in order to adapt them to the particular context of the European Union. To do so, the article undertakes a critical frame analysis of the European Union’s violence against women policies, as it is in such policies that (...) prostitution has been most thoroughly addressed, in combination with an analysis of the nature and evolution of the European Union’s gender equality policies more broadly. The article contends that the emergence of prostitution on the gender equality agenda of the European Union and the adoption of an explicit neo-abolitionist approach by the European Parliament can be explained by the coalescence, in the mid 1990s, of three key factors: Sweden’s accession to the European Union and the consequent positioning of Swedish femocrats, keen on exporting Sweden’s neo-abolitionist agenda to the European Union, in central positions of power within European Union institutions; the crystallisation of a robust neo-abolitionist velvet triangle through the creation of strong institutional links between the European Commission, the European Parliament and the European Women’s Lobby, which remained unchallenged; and the gradual development of a hybrid model of gender equality in the European Union which resonates with neo-abolitionist ideals at the same time as neo-abolitionism itself was increasingly associated to gender equality as a fundamental European Union value. (shrink)

In this paper, I critically analyze Andrea Sangiovanni’s approach to international justice in the EU that he labels Reciprocity-based Internationalism (RBI). I aim to show that the type of reciprocity RBI operates with is not a morally attractive ground for distributive justice because it cannot cope with the case of member states’ inability to reciprocate the production of collective goods at the EU level. I illustrate this with the case of disability. I contrast RBI’s understanding of reciprocity with Christie Hartley’s (...) ‘relationship model’. I argue that the relationship model of reciprocity should characterize the EU, whose two core normative features are fraternity and equal status. The advantage of the relationship model is that it calls for a stronger type of solidarity than RBI does. That not only entails the willingness to support those worse-off members that cannot productively reciprocate other member states’ efforts at the EU level but also calls for a higher redistribution rate within the EU. In the paper, I make three comparisons between RBI’s ‘productive reciprocity’ and the relationship model. The first concerns non-EU-integration-related disadvantages; the second concerns membership cases, such as accession to federations and supranational unions, while the third comparison examines EU-integration-related disadvantages. I argue that the relationship model is a better alternative to RBI in both integration-related and non-integration-related disadvantages. Also, the relationship model can justify accession cases where previous historical ties are relevant, which are outside of the purview of RBI. (shrink)

Straipsnyje nagrinėjamas Lietuvos Respublikos darbo ginčų instituto reformavimas ir kaita Nepriklausomybės laikotarpiu atskirų Europos Sąjungos valstybių patirties kontekste. Darbo ginčų reforma Lietuvoje minimu laikotarpiu vyko keliais etapais, iš jų paskutinysis, prasidėjęs 2013 m. sausio 1 d., pakeitė darbo ginčų komisijų organizavimo tvarką, šias komisijas pradėjus kurti teritoriniu principu, prie veikiančių Valstybinės darbo inspekcijos teritorinių padalinių, nustačius, kad į darbo ginčų komisiją su skundu gali kreiptis ne tik darbuotojas, bet ir darbdavys, įvedus kitas naujoves. Tačiau šie pokyčiai vis dar neatspindi europinių (...) tendencijų, kiek įmanoma mažiau institucionalizuoti ikiteisminę individulių darbo ginčų nagrinėjimo tvarką. Straipsnyje akcentuojama mintis, jog darbo ginčų instituto reforma laikytina nebaigta ir, tikėtina, bus tęsiama, remiantis pažangiausia kai kurių ES valstybių praktika šioje srityje, tačiau išlaikant nacionalinį teisinio reguliavimo ypatumą. (shrink)

In 2020, the European Union announced the award of the contract for the biometric part of the new database for border control, the Entry Exit System, to two companies: IDEMIA and Sopra Steria. Both companies had been previously involved in the development of databases for border and migration management. While there has been a growing amount of publicly available documents that show what kind of technologies are being implemented, for how much money, and by whom, there has been limited engagement (...) with digital methods in this field. Moreover, critical border and security scholarship has largely focused on qualitative and ethnographic methods. Building on a data feminist approach, we propose a transdisciplinary methodology that goes beyond binaries of qualitative/quantitative and opacity/transparency, examines power asymmetries and makes the labour of coding visible. Empirically, we build and analyse a dataset of the contracts awarded by two European Union agencies key to its border management policies – the European Agency for Large-Scale Information Systems (eu-LISA) and the European Border and Coast Guard Agency (Frontex). We supplement the digital analysis and visualisation of networks of companies with close reading of tender documents. In so doing, we show how a transdisciplinary methodology can be a device for making datafication ‘intelligible’ at the European Union borders. (shrink)

At its meeting on 16 June 2005, the European Council decided to postpone its introduction of the European Constitution, originally planned to come into force on 1 November 2006. As the Treaty establishing a European Constitution could in principle only take effect if all the Member States agree, following the clear rejections in the French referendum on 29 May 2005 and the Dutch referendum on 1 June 2005 , the Member States needed a period of reflection, a search for explanations (...) and debate. The European Council did not feel that the date initially planned for a report on the ratification of the treaty was still tenable, since those countries which had not yet ratified the treaty would be unable to provide a clear reply before mid- 2007. But the process of ratification by the Member States was not abandoned. The timetable was adjusted to reflect the circumstances in the countries which had not yet ratified the treaty. This period was intended to regain the trust of the general public. (shrink)

The article argues that the ‘crisis of Europe’, triggered by market and governance dysfunctionalities (summarized as the Euro crisis), represents a ‘critical moment’ in the evolution of a European society. This society so far does not offer much resistance to such critical moments which is due to its incapacity to form a demos capable of acting together. The existing European society – and this is the basic claim – is nothing but the sum of individuals living in ‘sub-European’ (mainly national) (...) groups. The evolution triggered by this critical situation opens pathways to turn these peoples of Europe into something more than being a sum of peoples governed by supranational bureaucracies. To decipher such processes a model is presented using Hirschman’s idea of exit, voice and loyalty as mechanisms to generate social ties. Two points arise as crucial. The first is the observation that national societies which continue to provide foundational claims for people have turned into interest groups in the context of the European Union. This undermines not only the ontological nationalism still dominating the self-presentation of national societies in Europe, but it also offers evolutionary paths towards a society beyond national foundational claims in Europe. Yet it also provokes reactive processes such as the return to the self-contained nation (or even ethnic group). This is the core of the crisis of Europe. The systemic crises of the state and the market in Europe are speeding up an evolutionary process of people-making, the outcome of which could be either the regression to a people with foundational identities or to a people without foundational identities. The latter will be described as a postnational society, which would make an emerging European society the first really modern society. (shrink)

This article deals with the impact of the free, democratic and peaceful accession to power of the Islamic Justice and Development Party (JDP) in Turkey on the Arab world in general and on the Islamic currents active in Arab societies in particular. A main point is looking into how Arab political formations and especially political Islam are trying to make sense out of such recent developments in Turkey as: (1) the fact that traditionally reviled Turkish secularism, Kemalism and westernism could (...) produce a democratic form of political Islam capable of winning free elections and ruling Turkey without a catastrophe befalling the whole polity; and (2) the fact that an Islamic JDP is the most eager proponent of Turkey’s membership in the secular EU, while the traditional staunch military guardian of Turkish secularism is now the main obstructor of the drive for EU membership. (shrink)

The European Commission’s distribution key for refugees across the EU is wanting in many respects. Two LSE researchers defend an alternative key based on pragmatic and realistic criteria. The outcome is sometimes surprising.

Temporary labor migration constitutes a significant trend of migration movements within the European Union, especially after the 2004 and 2007 EU enlargements. However, compared to other forms of TLM, intra-EU TLM has received scant attention from normative theorists. By drawing on Iris Marion Young's conception of structural injustice, this article analyzes the injustice of TLM within the EU. It argues that purely rights-based approaches are deficient and that a structural injustice approach is needed. The latter sheds light on the formal (...) and informal processes that place EU temporary migrants in a condition of vulnerability and reveals the multiple individual and collective agents participating in such processes. Moreover, such an approach offers important insights into the agency of migrants by showing how they themselves reinforce structural processes that put not only individual temporary migrants but also similarly positioned migrants and other members of the sending and receiving countries in a vulnerable position. A structural injustice approach does not deny that intra-EU temporary labor migrants should enjoy the rights and entitlements that they currently have in the host country as European citizens. Nor does it dispute that reducing the vulnerability of temporary migrants may require “special rights” accommodating the specific nature of their life plans. Instead, though such rights may be necessary, a structural injustice approach demonstrates how they are insufficient to tackle the injustice of intra-EU TLM and other forms of temporary labor migration more broadly. (shrink)

In the Coman case, the European Court of Justice was asked whether the term “spouse”—for the purposes of EU law—includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement that Union (...) citizens enjoy under EU law. This case comment analyses the judgment, arguing that the Court’s pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, following the delivery of this ruling, a lot of questions have arisen and gaps in the protection of same-sex couples persist, and these are also analysed in this piece. (shrink)

Abstract This essay provides a critical engagement with neo?Gramscian perspectives on European integration, dealing with their core theoretical assumptions as well as empirical analyses of individual aspects of European integration. It is argued that by drawing on Gramsci's rejection of economic determinism, his thinking on the agency?structure problem, as well as his work on how to conceptualise the role of ideas, neo?Gramscian perspectives as a critical theory are able to analyse the social purpose of European integration. The conclusion identifies several (...) shortcomings in the neo?Gramscian literature on European integration, namely (1) the neglect of national and European institutions and their structural impact on social forces as main collective actors; (2) the related oversight of possibilities for change within the existing institutional structure; (3) the neglect of studying resistance to neo?liberal restructuring in Europe; and (4) the missing analysis of trade unions and labour as potential actors within movements of resistance. (shrink)

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laïcité, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in (...) a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. (shrink)

This article explores the extent to which a feminist reading of gender mainstreaming is incorporated in the EU political discourse by analysing how family policy and gender inequality in politics are framed in EU policy documents. Gender mainstreaming is treated as an open signifier that can be filled with both feminist and non-feminist content. The article provides a set of criteria to assess whether a feminist reading of gender mainstreaming has been adopted. The frame analysis of EU documents on family (...) policy and gender inequality in politics reveals but a partial adoption of a feminist understanding of gender mainstreaming and only in the area of gender inequality in politics. (shrink)

All markets are embedded in ethical relations and moral discourses. This is often forgotten or ignored in alternative agrofood studies, where there has been a frequent assumption that ‘ethics’ can be inserted into markets (Trentmann, 2007), or are only acknowledged in products certified as ‘ethical’ and suchlike (Barnett, Cloke, Clarke, & Malpass, 2005). This paper takes a different approach, choosing to explore how a mainstream commodity, widely associated with the development of capitalist agriculture (Mintz, 1985), is unavoidably embedded in both (...) a set of moral discourses and a web of ethical relations (Goodman, Maye, & Holloway, 2010). Specifically, I offer a critical reading of the moral discourses that circulated between the Caribbean Sugar Protocol signatories and the European Union in the context of the 2006–2009 European Union Sugar Reform. The paper looks at how both Caribbean and European actors negotiated ‘fairness’ and in doing so, reconfigured their historical relationship. I discuss how a relational—or ethical—approach to fairness was evoked in certain instances, disrupting the European Union's (EU) neoliberal rhetoric. Contributing to the literature around ‘moral geographies’ (Jackson & Ward, 2008; Proctor et al., 1999; Smith, 1999) and also to agrofood studies, I conclude by affirming the significance of a relational approach to how the ‘fairness’ of the EU Sugar Reform might be comprehended and to how the ethics of neoliberal market reform can be more generally understood and critiqued. (shrink)

EU co-legislators recently approved the EU carbon border adjustment mechanism (CBAM), which establishes a uniform carbon price on both EU and imported products, in ETS covered sectors. This violates the CBDR-RC principle. Yet, CBAM advocates claim that the resulting unfair mitigation can be offset by scaling up climate finance, to the benefit of poorer countries. I argue that the CBAM’s unfairness is compounded by previous climate injustice, as avoidable emissions by developed countries pushed the climate crisis to the point where (...) fair mitigation is no longer viable. This implies that a disadvantage within the distributive sphere of emissions abatement cannot be counterbalanced by additional advantages within the distributive sphere of climate finance. (shrink)

The upcoming Regulation No 536/2014 on clinical trials on medicinal products for human use, which will replace the current Clinical Trial Directive at the end of 2021, has triggered a significant reform of research ethics committee systems in Europe. Changes related to ethics review of clinical trials in the EU were considered to be essential to create a more favourable environment to conduct clinical trials in the EU. The concern is, however, that the role of the research ethics committees will (...) weaken in at least some of the Member States because the new Regulation allows narrowing down the scope of ethics review as compared with the currently valid Clinical Trial Directive. Although the new Regulation may lead to faster approval procedures for clinical trials, which is especially relevant in the context of pandemics, high-quality ethics reviews integrating methodological aspects of a clinical trial should nevertheless be ensured. To maintain high research ethics standards as well as to foster measures to mitigate potential negative consequences of the reform, it is therefore of vital importance to start debating and sharing the reflections about the potential consequences of these transformations and trends as soon as possible. (shrink)

Whilst the Charter of Fundamental Rights of the European Union, which became part of binding primary EU law on 1 December 2009, constitutes an important codification and clarification of fundamental rights as they exist in the European Union, the field of application of the Charter is limited in a significant way: the Charter only applies when EU law is at stake. When national courts and authorities in the EU Member States are confronted with problems of purely national law, they are (...) not obliged to apply the Charter but should instead rely on the national constitutional Bill of Rights as well as the international human rights instruments which are binding on the Member State in question. The borderline between EU law and national law is not always easy to establish in a concrete case. This article discusses theoretical and practical problems arising out of the application and interpretation of Article 51(1) of the Charter, according to which the Charter is addressed to the Member States ‘only when they are implementing Union law’. It is suggested to adopt a pragmatic case-by-case approach, asking oneself if there is another norm of Union law than a Charter provision which is directly relevant to a case in concreto. If the answer is yes, also the Charter should be applied, supposing that there is a Charter provision which could influence the outcome of the case. If the answer is in the negative, national courts and authorities are only obliged to apply national law, including the constitutional Bill of Rights and the international human rights obligations of the Member State concerned. (shrink)

With the rapid advances in science and technology, Artificial Intelligence (AI) has been developing exponentially and transforming the world in ways we could never have envisioned. Its applications...

The COVID-19 pandemic has raised many intriguing questions both in the EU and globally, from the critical task of safeguarding lives to technical legal issues about competences to regulate health as well as the boundaries of emergency laws. This paper is interested in the connection between non-domination theory and the EU’s constitutional structure in the context of emergency laws. A key theme of the paper is that risk and emergencies are nothing new in an EU context, but concepts used by (...) the legislator in a wide range of policy areas which give rise to a number of constitutional challenges. The paper sketches out the main characteristics of non-domination and republication theory and addresses the question of how and why the notion of non-domination may be useful for understanding the EU constitutionalism venture in the framework of risk and emergency laws. (shrink)

While freedom of movement has been one of the most highly respected human right across the EU, there are various aspects which come into play which still need to be resolved for this to be achieved in practice. One of these key issues is cross border health care. Indeed, there is an increasing awareness of standardisation of health service provision and cross border collaboration in the EU. However, certain groups particularly children may be at risk of suboptimal treatment as a (...) result. We present the case of a child patient which highlights the complexity of this matter spanning family law, health law, social security law as well as ethical issues. EU legislation needs to ensure that children patients have access to high quality care across the EU borders. (shrink)

In this article, we consider the possible application of the European General Data Protection Regulation to “citizen scientist”-led health research with mobile devices. We argue that the GDPR likely does cover this activity, depending on the specific context and the territorial scope. Remaining open questions that result from our analysis lead us to call for lex specialis that would provide greater clarity and certainty regarding the processing of health data by for research purposes, including these non-traditional researchers.

This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope of this paper. (...) The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU. (shrink)

This article critically discusses the role and place of migrants’ rights in the EU’s evolving migration and development policy under the Global Approach to Migration and Mobility pursued by the EU.1 The GAMM, which aims to govern migration flows from outside of the EU more effectively, incorporates the field of migration and development as one of four pillars. Only in November of 2011, however, the human rights of migrants were explicitly acknowledged as a cross-cutting theme within the GAMM, which before (...) paid little attention – not to say neglected – the protection of such rights. This contribution analyses how the linkage between migration and development evolved on the international and European level, highlights the EU’s interests in such a policy, and explains the pitfalls of disregarding the protection of migrants’ rights in this context. The article argues that the ‘development burden’ should not be placed on immigrant populations without guaranteeing their secure legal status in the host countries. (shrink)