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The European Commission has published its fifth  annual Rule of Law Report,  examining systematically and objectively rule of law developments in all Member States on an equal basis. In comparison to the first issue of the Rule of Law Report adopted in 2020, Member States and the EU as a whole are much better prepared to detect, prevent and address emerging challenges. This contributes to the resilience of our European democracies and to mutual trust in the EU. It also contributes to a good functioning of the single market and benefits a business environment that fosters competitiveness and sustainable growth. Since its first publication in 2020, the report has become a true driver of positive reforms: Two thirds (68%) of the recommendations issued in 2023 have been, fully or partially, addressed. However, in some Member States systematic concerns remain and the situation has further deteriorated. These concerns are addressed in the recommendations of t...

According to the Judgment of the European Court of Justice in Case C-450/22 (Caixabank and Others) as regards mortgage loans, the transparency of ‘floor’ clauses may be reviewed in the context of a collective action concerning the entire banking system of a country. In its review, the court may take account of changes in the perception of the average consumer in relation to those clauses. ‘Floor’ clauses are standard terms that were contained in variable-rate mortgage loan agreements concluded with consumers by a significant number of financial institutions in Spain.  Those clauses set a threshold (or ‘floor’) below which the variable interest rate could not fall, even if the reference rate (generally the Euribor) fell below it. Several thousands of lawsuits were filed in Spain claiming the illegality of ‘floor’ clauses in the light of the Directive on unfair terms[1][2] .  The Spanish association of users of banks, savings banks and insurance (ADICAE) brought a collective act...

The International Court of Justice has given on 19.7.2024 its Advisory Opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. It is recalled that, on 30 December 2022, the General Assembly of the United Nations adopted resolution A/RES/77/247 in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion on the following questions: “(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures? (b) How do the policies and practice...

Council of Europe anti-torture Committee again calls on Greece to reform its immigration detention system and stop pushbacks. In a  report  on its ad hoc visit to Greece, which took place from 21 November to 1 December 2023, published together with the  response of the Greek authorities , the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ( CPT ) once again urges the Greek authorities to improve the conditions in the country’s immigration detention facilities, and especially the newly-built and EU-funded centres on the Aegean islands, while ensuring that foreign nationals are treated both with dignity and humanity (see the executive summary of the report in  English  or in  Greek ). The main objective of the November 2023 visit to Greece was to examine the treatment of foreign nationals deprived of their liberty under immigration legislation in pre-removal detention centres, in...

During its latest plenary, the European Data Protection Board (EDPB) adopted an Opinion on the use of facial recognition technologies by airport operators and airline companies to streamline the passenger flow at airports [1] . This Article 64(2) Opinion, following a request from the French Data Protection Authority, addresses a matter of general application and produces effects in more than one Member State. EDPB Chair Anu Talus said:  “More and more airport operators and airline companies around the world are piloting facial recognition systems allowing passengers to go more easily through the various checkpoints. It is important to be aware that biometric data are particularly sensitive and that their processing can create significant risks for individuals. Facial recognition technology can lead to false negatives, bias and discrimination. Misuse of biometric data can also have grave consequences, such as identity fraud or impersonation. Therefore, we urge airline compa...

According to the Judgment of the Court of Justice in Case C-284/23 (Haus Jacobus) a pregnant worker must be afforded a reasonable time limit in order to be able to bring an action against her dismissal. A two-week time limit for making a request for leave to intervene appears to be insufficient.  A care-home employee challenges her dismissal before a German labour court. She relies on the prohibition of dismissal for pregnant women. The labour court considers that the action should normally be dismissed on the ground that it was brought out of time.  When the employee became aware of her pregnancy and brought the action, the ordinary time limit of three weeks following notification in writing of the dismissal, laid down by German law, had already lapsed. Furthermore, the employee failed to submit a request for leave to bring an action out of time within the additional time limit of two weeks [1] laid down by that law.  The labour court asks, however, whether the Germ...