Articles for tag: Europäische Kommission, European Foreign Policy, Russischer Krieg gegen die Ukraine, Russland, Sicherheit, trade

Energy Sanctions Reloaded

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The European Commission proposed a ban on Russian gas imports based on Article 207 TFEU – a legal basis related to the EU’s Common Commercial Policy, rather than the Common Foreign and Security Policy. Although the policy domains of trade and sanctions often overlap in practice, the new proposal seems to overlook that the EU maintains a distinct legal framework for imposing sanctions. If the ban is ultimately enacted under Article 207 TFEU, there is a risk that one or more Member States opposing these new sanctions against Russia will challenge it on the grounds that this EU Regulation is based on the wrong legal basis.

25. Juni 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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Nine Months Into Chaos

Ecuador is nine months away from the chaotic events of 9 January 2024: attacks and the seizure of a live newscast by members of organized crime, the consequent declaration of an “internal armed conflict” by the Presidency and the designation of 22 organized crime groups as “military targets”. This social and political process which has transformed the country is not yet fully understood and merits reflection on several key aspects of this ongoing dynamic.

17. Oktober 2024

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The Unbearable Lightness of Interfering with the Right to Privacy

The European Court of Justice has once again ruled on national data retention laws. In La Quadrature du Net II, the full court allowed the indiscriminate retention of IP addresses for the purpose of fighting copyright infringement. It seems that the Court is slowly but surely abandoning its role as guardian of the right to privacy, as it now allows member states to collect vast amounts of data on their citizens in order to solve even the most minor of crimes.

28. Mai 2024

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Ein Grundrecht auf Verteidigung?

Als Verteidigungsminister Boris Pistorius (SPD) zum Ende des Jahres 2023 forderte, die Bundeswehr müsse „kriegstüchtig“ werden, sorgte er damit auch bei manchen seiner Parteigenossen für Irritationen. Doch der mangelhafte Zustand der Bundeswehr ist nicht bloß ein Politikum: Er genügt auch nicht den Anforderungen des Grundgesetzes an funktionsfähige Streitkräfte. Gute Gründe sprechen dafür, dass die Bürgerinnen und Bürger von ihrem Staat ein Mindestmaß an Verteidigungsfähigkeit sogar verfassungsrechtlich beanspruchen können.

4. Januar 2024

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Reform the European Union for Enlargement!

External shocks such as the financial and migration crises, the Coronavirus pandemic, as well as internal and external security threats from terrorism as well as Russia's war against Ukraine emphasise that the EU, which has developed to be more heterogeneous, has become increasingly fragile. In line with a reduced willingness and ability of Member States to integrate further, the EU is becoming incapable of action and therefore is in danger of losing the trust of its citizens. Against this background, it is important not to gloss over the problems and to develop constructive solutions. This blogpost offers several possible solutions.

6. Juli 2023

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Squaring the triangle of fundamental rights concerns

Ex ante, the July 2022 ruling by the Court of Justice of the EU on Passenger Name Records had a very specific scope — the use of passenger name records by government agencies. Upon closer inspection, however, it has important implications for the governance of algorithms more generally. That is true especially for the proposed AI Act, which is currently working its way through the EU institutions. It highlights, ultimately, how national, or in this case European, legal orders may limit the scope for international regulatory harmonization and cooperation.

12. Mai 2023

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Automated predictive threat detection after Ligue des Droits Humains

The Ligue des droits humains ruling regarding automated predictive threat detection has implications for the European Travel Information and Authorisation System (ETIAS) Regulation and the EU Commission’s proposal for a Regulation on combating online child sexual abuse material (CSAM). Both legal instruments entail the use of potentially self-learning algorithms, and are spiritual successors to the PNR Directive (the subject of Ligue des droits humains).

12. Mai 2023

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EU Privacy and Public-Private Collaboration

Core state functions, such as law enforcement, are increasingly delegated to private actors. Nowhere is this more apparent than in the development and use of security technologies. This public-private collaboration harbours detrimental consequences for fundamental rights and the rule of law; in particular, for the principle of legality. The policy outcomes which result from this collaboration are not democratically accountable, and allow human rights to be superseded by private, profit-driven interests.

11. Mai 2023

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Challenging Bias and Discrimination in Automated Border Decisions

In Ligue des droits humains, the Court of Justice of the European Union explicitly addresses the fact that the use of AI and self-learning risk models may deprive data subjects of their right to effective judicial protection as enshrined in the Charter. The importance of this judgment cannot be understated for non-EU citizens and at the European borders more generally.

11. Mai 2023

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