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Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

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The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld...
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Convention for the Protection of the Profession of Lawyer has been opened for signature

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The Council of Europe Convention for the Protection of the Profession of Lawyer has been opened for signature on the occasion of the meeting of Council of Europe Foreign Ministers organised in Luxembourg on 13-14 May. This is the first-ever international treaty aimed at protecting the profession of lawyer in a context of increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties. The  Convention  has been signed by Andorra, Estonia, France, Greece, Ireland, Italy, Lithuania, Luxembourg, Netherlands, North Macedonia, Norway, Poland and Sweden. Belgium, Iceland, the Republic of Moldova and the United Kingdom will sign it on 14 May. Lawyers play a key role in upholding the rule of law and securing access to justice for all, including to defend victims of possible human rights violations. Therefore, public confidence in justice s...
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The principle of the most favourable rule as a basic principle of Greek Labour Law

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By Evlampia Tsolaki, Attorney at Law* The principle of the most favourable rule (Günstigkeitsprinzip) constitutes a distinct characteristic of Greek labour law as it introduces a noteworthy exception to the strict pyramidal hierarchy that regulates by and large the relationship of the rules of law in the Greek legal order. Its application presupposes that two labour law legal sources of different legal nature and in any case of different origin co-exist and therefore demand to be implemented at the same time, given that they regulate the same issue, such as the days provided for a leave. On the condition, that an employment relationship falls within the ratione materiae, personae, temporis and loci of those both legal instruments and cumulatively both of its parties, namely the employer and employee, are bound by them, then the primacy will not be determined in accordance with the formal weight of each one, but pursuant to their substantive content according to the principle of the mos...
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Fully-funded PhD position in AI, Law and Public Power

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Erasmus University Rotterdam School of Law, department Law & Markets, is looking for a fulltime PhD researcher in AI, Law and Public Power (4,5 years with 20% teaching tasks). PhD AI, Law and Public Power Are you curious about how artificial intelligence is changing state actor powers? Do you want to conduct critical and in-depth legal research at the intersection of technology, law and power? And would you like to combine that with academic teaching? Then this PhD position at Erasmus School of Law is for you. Within the Law & Markets team, you will spend 4.5 years researching the legal regulation of AI in the public sector. How do we protect fundamental rights when algorithms help decide on who receives public benefits, how to perform enforcement or how to enact environmental policy? What is the role of the state, and where is the limit of government power in a data-driven society? You will have plenty of space to choose your own research angle and work in a multidisci...
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Discrimination at work: the rights of persons with disabilities to protection against indirect discrimination extend to parents of children with disabilities (CJEU)

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Judgment of the Court of Justice in Case C-38/24: Discrimination at work: The rights of persons with disabilities to protection against indirect discrimination extend to parents of children with disabilities. Employment and working conditions should be adapted to enable those parents to care for their child without the risk of being subject to indirect discrimination. A station operator repeatedly asked her employer to appoint her to a position with fixed working hours. Her request was based on the need to care for her son, who has extensive and comprehensive needs arising from disability. Her employer provided her with some accommodations on a provisional basis. However, the employer refused to make those accommodations permanent. The station operator contested that refusal before the Italian courts and the case reached the Italian Supreme Court of Cassation. That court referred questions to the Court of Justice because it had doubts as to the interpretation of EU law with regard to p...
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The Delivery Delay Clause in Residential Construction Contracts: Consumer Protection in Cyprus and Europe

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By Giorgos Kazoleas, LL.M., Lawyer, Managing Partner at Legal Experts Cyprus The purchase or construction of a new residence is one of the most significant financial and personal decisions a consumer can make. Residential construction contracts or agreements for the sale of property under construction are a crucial and defining element of the entire process, as certain terms they may contain can be detrimental to the buyer. One of the most critical aspects is the contractual delivery time of the project and the provision for delay, through the so-called delivery delay clause. The Delivery Delay Clause: Its Role and Legal Nature The delivery delay clause (also known as a penalty clause in the event of default) is a term usually included in the contract that specifies a predetermined compensation amount that the contractor or seller must pay to the buyer for every day, week, or month of delay beyond the agreed delivery date. The purpose of the clause is twofold: -Compensatory: ...
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ECtHR grants an interim measure in favour of Aleksey Navalnyy and asks the Government of Russia to release him

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Aleksey Navalnyy’s current application before the Court was lodged on 20 January 2021 under Article 34 of the European Convention on Human Rights. On the same date the applicant made a request to the Court under Rule 39 of the Rules of Court related to his detention, asking for his release.  On 21 January 2021, the Court decided to suspend the examination of the Rule 39 request until receipt of the following information from the Government:  1. In view of the arguable allegation of a near-lethal attack on the applicant in August 2020 with the use of chemical nerve agent, and the fact that the perpetrators had not been established by the Russian authorities, did the risk to the applicant’s life persist?  2. If so, what measures were being taken by the Russian authorities to safeguard his life and wellbeing, in particular while in custody?  3. Furthermore, were the conditions of detention and the treatment of the applicant subject to regular independent monitoring...
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