Articles for category: AAA General

Why Australia’s Social Media Ban for Kids May Breach Its Constitution

On 29 November 2024, the Australian federal Parliament enacted a world-first law, which imposed a minimum age for access to most social media sites in the country. The law will not come into full force for at least twelve months, to give time to social media platforms to devise appropriate methods for verifying the ages of users. The law might be a rare example that fails the proportionality test. Social media companies have the means and incentive to mount a constitutional challenge to find out; surely they are going to do so.

5. Dezember 2024

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When Democracy Prevails

On December 3 at 10:25 pm, the President of South Korea Yoon Suk Yeol declared emergency martial law, which lasted for 6 hours until it was lifted following the unanimous vote of the South Korean Parliament to immediately end its imposition. This blog analyzes the legal aspects of the President’s failed attempt to maintain a martial law regime and further reflects on the significance of this event for the evolution of democracy in South Korea.

5. Dezember 2024

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Added value(s)?

During the hearing in the infringement proceedings against Hungary’s ‘anti- LGBTIQ+ Law’, the Commission placed the values of the EU at the heart of its pleas. Following its publication in the Official Journal, some expected (while others feared) that the Commission’s infringement action would rely on Article 2 TEU (which set out the values of the EU) as a self-standing ground. Instead, during the hearing, the Commission’s representatives were adamant that Article 2 may only be invoked in connection with other EU law provisions. That is a welcome clarification. Grounding an infringement action solely on Article 2 would be unwise. Yet, the inclusion of these values among the pleas is legally, politically, and morally significant.

5. Dezember 2024

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Under Guise of War

The Knesset’s legislative work since October 2023 has included several legislative initiatives that may be creating a framework for furthering systemic discrimination against Arab Israelis. These new laws could pose a dangerous new precedent in Israel, stripping the right to equality and human dignity of their meaning and threatening the already fragile state of democracy as we know it.

4. Dezember 2024

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The Return of Not-Quite „Phantom Experts“?

On Monday, 2 December 2024, the much anticipated hearing began in the Obligations of States in respect of Climate Change advisory proceedings before the International Court of Justice. Less than a week before the start of the hearing, the Court issued a brief and unusual press release about a meeting that it held with scientists from the Intergovernmental Panel on Climate Change (IPCC). The Court’s decision to meet privately with the scientists raises questions about the Court’s procedures and its approach to evidence. Above all, it is unclear why the Court decided to consult with the IPCC scientists in a closed meeting rather than eliciting testimony from these individuals as part of the formal, public hearing.

3. Dezember 2024

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A Right to Anonymity in the Digital Age

Although digital anonymity is associated with a wide range of opportunities, it also stands in the way of successful criminal prosecution. The right to respect private and family life under the the EU Charter as well as the right to protection of personal data are of fundamental importance for natural persons. However, since life is increasingly taking place online, anonymity can be exploited to spread hate, discriminatory content, and fake news. Considering these risks, the ECJ has opened the door to data retention in Europe and thereby restricted digital anonymity.

2. Dezember 2024

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Data Retention Laws and La Quadrature du Net II

La Quadrature du Net II has been criticized for allowing generalized metadata retention measures. However, it is important not to lose sight of the fact that the law must not become a mechanism for protecting criminals. The scale of online rights violations are a real problem. P2P networks are not only a threat to copyright protection, but also an environment for the distribution of content related to serious crime. It is therefore necessary to strike a balance between these two concerns and to propose solutions that adequately protect users without guaranteeing impunity for criminals.

2. Dezember 2024

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