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Commission calls on the Netherlands and Portugal to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial in criminal proceedings. The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2024)2274) and Portugal (INFR(2024)2273), for failing to correctly transpose the Directive on the strengthening of the presumption of innocence and the right to be present at the trial in criminal proceedings ( Directive 2016/343/EU ).  The Directive is one of  six Directives  adopted by the EU to create common minimum standards ensuring that the rights of suspects and accused persons to a fair trial in criminal proceedings are sufficiently protected across the EU. The Commission considers that certain national transposition measures notified by the two Member States fall short of the requirements of the Directive.  In particular, the Commi...

Written by Efi Thoma, Lawyer LL.M. | IMES According to Professor, Yuval Noah Harari artificial intelligence (“AI”) and climate change constitute the challenges which will define the future of humanity, and addressing them is essential for global stability and progress.  His clairvoyance is aligned with other scholars who believe, however, that there are many different ways that AI can be an invaluable ally for combating climate change. Who shall take, however, the legal responsibility of any potential wrongdoings, in case that AI goes rogue, in lack of a robust legal framework regulating AI? Researches have shown that AI can predict accurately climate phenomena and perform climate simulations at a global level, enhancing the awareness and enabling the preparation of efficient climate policies as well as legal and regulatory frameworks to combat the climate crisis, by ensuring a proactive, informative approach. Could AI be also used for calculating and reducing CO₂ emi...

In Chamber's judgment in the case of M.B. v. Spain (application no. 38239/22) the European Court of Human Rights held, unanimously, that there had been a violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights.  The case concerned Ms M.B.’s pre-trial detention and later confinement in a prison psychiatric hospital in February 2020, following her burning down the flat she had been living in. The Court found in particular that the Spanish courts had not reassessed M.B.’s state of mental health when the order had been given, and had not adequately scrutinized the reports on her health or assessed whether her condition had actually warranted compulsory confinement. Overall, the security order had not met the minimum conditions necessary to comply with the Convention. Principal facts  The applicant, M.B., is a Moroccan national who was born in 1978. M.B. suffers from paranoid schizophrenia. In March 2018 she was arrested by the police f...

Parliamentary Assembly has warmly welcomed the draft  Council of Europe Convention for the Protection of the Profession of Lawyer , pointing out that lawyers play a key role in administering justice and ensuring public confidence in the law. Approving an opinion based on a report by Vladimir Vardanyan (Armenia, EPP/CD), the Assembly said lawyers are increasingly becoming targets of harassment, intimidation and attacks. The new Convention requires states to protect them in various ways, allowing them to practise without fear of discrimination or interference. It also establishes standards for professional associations of lawyers and sets up a robust monitoring mechanism. However, the Assembly regretted the lack of specific provisions on the use of secret surveillance against lawyers, and called for the addition of a clause specifically prohibiting states from entering reservations to the Convention, to ensure it is fully implemented. Taking part in the debate, the Attorne...

In  Chamber's judgment in the case of H.W. v. France (application no. 13805/21) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned a fault-based divorce in which blame was attributed solely to the applicant, on the grounds that she had ceased to have sexual relations with her husband. The applicant did not complain about the divorce itself, which she had also sought, but rather about the grounds on which it had been granted.  The Court noted that the concept of “marital duties”, as provided for in the domestic legal order and reaffirmed in the present case, took no account whatsoever of consent to sexual relations. Failure to fulfil marital duties could, in the conditions set out in Article 242 of the Civil Code, be considered a fault which justified the granting of a divorce. It could also entail pecuniary consequences a...

Dutch Supervisory Authority fined Netflix for not properly informing customers. Netflix did not inform customers clearly enough in its privacy statement about what exactly Netflix does with those data (Article 5 (1)(a) and Article 12 (1) in conjunction with Article 13 (1)(c)(e) and (f); and Article 13(2)(a) GDPR). The Dutch Supervisory Authority (SA) started this investigation following complaints from None of your business (noyb), an Austrian NGO that is committed to privacy. Those complaints were submitted to the Austrian data protection authority and forwarded to the Dutch SA, because Netflix has its main European establishment in the Netherlands. The investigation shows that Netflix did not inform customers clearly enough in its privacy statement about what exactly Netflix does with those data (Article 5 (1)(a) and Article 12 (1) in conjunction with Article 13 (1)(c)(e) and (f); and Article 13(2)(a) GDPR). Furthermore, customers did not receive sufficient information when the...

 Written by Efi Thoma, Lawyer Does the highly anticipated rise of cryptos in the US under Trump administration align with MiCAR’s (Markets in Crypto-Assets EU Regulation) enforcement in the EU regulatory landscape? Even after the collapse of FTX illustrating the dire need for imposing strong regulations to protect investors in crypto assets, the current crypto regulatory progress in the U.S. is ambiguous and remains stalled. This outcome leads to the exacerbation of the lack of faith in the crypto ecosystem by highlighting the unaccountability of the crypto actors with regard to money laundering, financing of terrorism and other illegal activities. In 2023 the International Organization of Securities Commissions has laid out specific recommendations with the aim of imposing some global ground rules on the crypto and digital assets, given the global transactional activities on the crypto sector and the increasing need for the protection of investors in crypto assets. While the f...

In its judgment in Case C-394/23 (Mousse) the EU Court of Justice ruled that a rail transport customer’s gender identity is not necessary data for the purchase of a transport ticket. The collection of data regarding customers’ titles is not objectively indispensable, in particular where its purpose is to personalise commercial communication.  The association Mousse challenged, before the French data protection authority (the CNIL), [1] the practice of the French railway undertaking SNCF Connect whereby the latter systematically requires its customers to indicate their title (‘Monsieur’ or ‘Madame’) (‘Mr’ or ‘Ms’) when purchasing transport tickets online. That association takes the view that that requirement infringes the General Data Protection Regulation (GDPR), [2] in particular in the light of the principle of data minimisation, because an indication of the title, which corresponds to a gender identity, does not appear to be necessary for the purchase of a rail transport ticket....

The European Commission has opened formal proceedings against TikTok for a suspected breach of the  Digital Services Act (DSA)  in relation to TikTok's obligation to properly assess and mitigate systemic risks linked to election integrity, notably in the context of the recent Romanian presidential elections on 24 November. Commission President, Ursula von der Leyen, said:  “We must protect our democracies from any kind of foreign interference. Whenever we suspect such interference, especially during elections, we have to act swiftly and firmly. Following serious indications that foreign actors interfered in the Romanian presidential elections by using TikTok, we are now thoroughly investigating whether TikTok has violated the Digital Services Act by failing to tackle such risks. It should be crystal clear that in the EU, all online platforms, including TikTok, must be held accountable.” The proceedings will focus on management of risks to elections or civic disco...

Teresa Anjinho has been elected European Ombudsman by the European Parliament with 344 votes in favour. Ms Anjinho will take office on 27 February 2025. Ms Anjinho is a member of the supervisory committee of the European Anti-Fraud Office (OLAF) and a former Deputy Ombudsman of Portugal. She was also previously a Secretary of State for Justice and a Member of Parliament in Portugal. For more details, see  here . Welcoming the vote in the European Parliament, outgoing Ombudsman Emily O’Reilly, said: “I warmly congratulate Ms Anjinho on being elected European Ombudsman. This Office is key to ensuring the EU administration remains transparent and accountable to citizens and I wish her every success in the role. I also commend the hard work of the other candidates who participated in the election and wish them all the best.” Emily O’Reilly will remain European Ombudsman until the swearing-in ceremony for the new Ombudsman at the European Court of Justice on 27 February. ...

by Giorgos Kazoleas, Lawyer qualified in Cyprus & Greece The regulation of property issues between spouses after divorce or separation is one of the main problems and is most commonly related with the issue of the contribution of one spouse to the increase in the other’s property. According to Cypriot Family Law, in the event that the marriage is dissolved or annulled, or in the event of separation of the spouses, in case the property of one spouse has increased, the other spouse, if he/she contributed in any way to this increase, is entitled to bring an action before the Court and demand the return of the part of the increase that comes from his/her own contribution.[1] The contribution of one spouse to the increase in the property of the other is presumed to amount to one third of the increase, unless a greater or lesser contribution is proven.[2] “Contribution” means any form of contribution by the spouses to the acquisition or creation of property and includes the care of...