Articles for category: AAA General

Vying for the Scales

One year after the Digital Services Act (DSA) introduced new rules for content moderation, questions remain about their implementation. While platforms must cover the costs of out-of-court dispute resolution, concerns arise over the independence of certified bodies like Appeals Centre Europe (ACE). Despite being accredited by the Irish regulator as independent, ACE has financial and structural ties to Meta, raising questions about its role in the moderation ecosystem. The article examines whether ACE’s certification aligns with the DSA’s independence requirements and what this means for the future of platform accountability in Europe.

12. März 2025

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The Unbearable Lightness of the Unitary Executive Theory

Through the unlawful firing of National Labor Relations Board member Gwynne Wilcox and a February 18 executive order, entitled “Ensuring Accountability for All Agencies,” President Donald J. Trump is trying to eliminate the independence of independent regulatory agencies. President Trump’s campaign against agency independence is part of his undisguised effort to effectuate a radical dismantling of our checks-and-balances system without actually amending the U.S. Constitution.

11. März 2025

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The End of NATO As We Know It

It is frighteningly easy to picture a situation in which President Trump steps off a plane and declares: “I have a paper signed by Mister Putin, there will be peace for our time.” When Neville Chamberlain declared “peace for our time” on 30 September 1938, the world was at war only one year later. Should Russia choose to test the true value of Article 5 NATO-Treaty, this would be the ultimate test for NATO. Europe needs to get serious about acquiring its own nuclear deterrent, entirely independent of the USA.

10. März 2025

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They Not Like Us

On 13 February 2025, AG Ćapeta delivered a milestone opinion on racial discrimination and migration in the EU when she found the Danish ‘Ghetto Law’ in violation of the Race and Ethnic Equality Directive. She determined that the differentiation between “Western” and “non-Western” immigrants and their descendants in the Danish legislation creates a perceived “ethnic ‘Other’” vis-à-vis the majority population that falls under the anti-discrimination ground of “ethnic origin”. I will explain how her opinion challenges this form of legalized ‘othering’ in migration law, based on the underlying sentiment of ‘us’ vs. ‘them’, as it goes against Art. 2 TEU and the vision of a democratic, tolerant, and anti-racist European society.

10. März 2025

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Paying Judges Properly

On 22 February, several thousand marched in Budapest for an independent judiciary, including fair pay for judges. Three days later, the CJEU issued a decision in Joined Cases C‑146/23 and C‑374/23, setting out the EU law criteria for judges’ remuneration. The decision sets general minimum criteria for the remuneration of judges to guarantee their independence and is highly relevant for Hungary, where the salary pathway for judges is not set by law, it is not judicially enforceable, and the entire system lacks foreseeability.

7. März 2025

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A European Army and Three Difficult Choices

J.D. Vance shocked Europe with his speech, signalling a diminishing sense of shared values between the U.S. and Europe. The last Friday’s press conference in Washington further confirmed that America’s commitment as the leader of the free world has disappeared. Consequently, for a "European army", the MSs will have to make three difficult decisions beyond the questions of legal feasibility under the Treaties. A complementary force involving willing MSs under intergovernmental decision-making appears the most realistic path for common territorial defence, while concerns regarding democratic decision-making remain.

6. März 2025

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Funding Europe’s Defence

History is on the move. In just a couple of weeks, Europe has seen its security architecture tested as never before since World War II. Now, the European Union must demonstrate its ability to take control of its own destiny and turn the vision of a common European defence into reality. With ReArm Europe, the Union wants to “meet the moment” and affirm that it is “ready to assume its responsibilities”. While the plan represents a crucial first step towards strengthening European defence, it does not introduce any groundbreaking measures. Its predominant reliance on national defence spending constitutes an important limitation.

5. März 2025

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