Is Data Protection Coming Home? The CJEU on data protection law and Jehovah’s Witnesses – and political canvassing?

Professor Steve Peers, University of Essex You’re in the shower, and the doorbell rings. It might be the Amazon delivery you were expecting, with your daughter’s present – and it’s her birthday tomorrow. You leap out of the shower and dash wetly down the stairs to open the door in time. But it’s only a couple of Jehovah’s Witnesses. After responding to their entreaties in much the same way that Boris Johnson responds to business, you close the door, and think no more about them. Yet they are still thinking…

EU Law Analysis: Revising EU visa policy

Professor Steve Peers Back in 2014, the Commission proposed a revamp of EU visa policy (concerning short-term visit visas), in the form of a proposal to revise the EU’s visa code. This proposal ultimately failed, because the EU Parliament and Council could not agree on whether it should include “safe passage” visas for those needing protection or not. Now the Commission is trying again, focussing this time on security concerns, rather than economic growth. Background The rules for issuing short-term visas are set out in the Visa Code, adopted in…

“Dear Colleague, Are You Independent Enough?” The Fate of the Principle of Mutual Trust in Case of Systemic Deficiencies in a Member State’s System of Justice

By Cecilia Rizcallah* *Research Fellow at the Belgian National Fund For Scientific Research (F.R.S.-FNRS). The author wishes to thank Pr. S. Van Drooghenbroeck. The usual disclaimer applies. Advocate General Tanchev delivered, a few days ago, his opinion in the case C-216/18 PPU concerning a set of European Arrest Warrants (EAWs) issued against LM, suspected of drug trafficking, by the Polish Authorities. The case concerns a reference for a preliminary ruling made by the Irish High Court, which questions the European Court of Justice (ECJ) on the obligation to execute a…

Securing unilateral guarantees after a ‘no deal’ Brexit

Professor Steve Peers, University of Essex* What happens to EU27 citizens and UK citizens who have moved within the EU in the event of a ‘no deal’ Brexit? In principle their position will be regulated by the withdrawal agreement under negotiations, but since it seems that talks on this agreement are becomingly increasingly difficult the possibility of the UK leaving the EU without any such agreement may have risen. This would leave the two groups of people in limbo, unless an alternative approach to securing their acquired rights is found.…

the implications of Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v. Wirtschaftsakademie Schleswig-Holstein GmbH

Professor Lorna Woods, University of Essex Facts of the Case Many businesses rely on Facebook to support their business using a Facebook fanpage (which requires a specific registration with Facebook) and the Wirtschaftsakademie is one such. In this case, it received a notice from the Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein, a regional data-protection authority in Schleswig-Holstein (‘ULD’), to deactivate the fanpage. The ULD argued that the people coming to the page were not warned that their personal data would be collected by Facebook by means of cookies placed on the…

Recognition of Professional Qualifications post-Brexit

Dáire McCormack-George* *The author is a Ph.D. Candidate in Law and Scholar of Trinity College Dublin, the University of Dublin. This blog post is based on his presentation at the third Radboud University Economic Law Conference, ‘Upgrading Trade and Services in EU and International Economic Law’, 15 June 2018. The author would like to thank the conference participants and attendees for their intriguing and thought-provoking questions. All errors remain the author’s. Introduction The present terms of the draft withdrawal agreement between the UK and the EU substantially envisage the provisional…

Regulators without Frontiers? European Regulators Group for Audiovisual Media Services (ERGA) and the Audiovisual and Media Services Directive 2.0

Professor Lorna Woods, University of Essex The European Commission established ERGA, by a Decision in 2014, to facilitate the implementation of the Audiovisual Media Services Directive (AVMSD, or Directive 2010/13/EU) and thus further the internal market.  This seems to have been a development of the High Level Group of Regulatory Authorities, which was organised by the Commission (its inaugural meeting was 27 March 2003) and brought together the Member State authorities responsible for the enforcement in this field for twice yearly meetings. The aim was to reinforce cooperation between national…

EU Law Analysis: Fair Movement of People: Emergency Brake (Part 3)

Catherine Barnard and Sarah Fraser Butlin* *The authors are both at the University of Cambridge and funded by the ESRC’s UK in a Changing Europe programme. An expanded version of some of these arguments can be found in Barnard and Fraser Butlin, ‘Free movement v. Fair Movement: Brexit and Managed Migration (2018) 55 Common Market Law Review 203 Introduction In the first two blogs (here and here) in this series we began to outline our notion of ‘fair movement’. In the first blog we argued for a clear linkage between…

EU Law Analysis: Fair movement of people: equal treatment? (Part Two)

Catherine Barnard and Sarah Fraser Butlin* *The authors are both at the University of Cambridge and funded by the ESRC’s UK in a Changing Europe programme Introduction In the first blog (here), we argued that a future UK/EU migration policy should be based around the notion of fair – not free – movement. One element of this would be a work permit scheme dependent on having genuine employed or self-employed activity (or sufficient resources for migrants and their families), accompanied by a simplified registration scheme, based on the scheme already…

The future of free movement of persons in the UK (Part 1)

Catherine Barnard and Sarah Fraser Butlin* *The authors are both at the University of Cambridge and funded by the ESRC’s UK in a Changing Europe programme. Thanks go to their colleagues, Graeme Ross, Steve Peers, Jonathan Portes and Madelaine Sumption. Introduction Concerns about immigration were a – no, probably the – main reason why many voted to leave the European Union on 23 June 2016. There was a strong perception that the UK had ‘lost control’ of its borders; a Leave vote would enable the UK government to take back…