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by Giorgos Kazoleas, Lawyer Nepotism in the legal profession is not only a domestic but a global phenomenon with timeless characteristics. Lack of meritocracy and favouritism during the process of recruitment and professional development of lawyers have common sources of nepotism and clientelism. Even in countries with advanced legal systems, such as the USA, the phenomenon of placing relatives and friends in high positions in law firms is very common. In the southern countries of Europe, nepotism stems mainly from family-oriented concepts deeply rooted in the subconscious of the societies. In smaller populated countries the phenomenon of employers' relatives and friends being preferred for jobs in law firms is more than common. In countries like India, the phenomenon of nepotism in the legal profession has particularly concerned the legal community, as there is a stronghold of a few privileged and powerful families which prevails  in the legal profession. Among lawyers and jud...

In Chamber's judgment in the case of Pająk and Others v. Poland (applications nos. 25226/18, 25805/18, 8378/19 and 43949/19), the European Court of Human Rights held, by a majority (5 votes to 2), that there had been a violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights in respect of all applicants, and a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private life) in respect of the three applicants who had lodged complaints under those provisions.  The case concerned four judges who complained about legislative amendments that had lowered the retirement age for judges from 67 to 60 for women, and to 65 for men, and had made the continuation of a judge’s duties after reaching retirement age conditional upon authorisation by the Minister of Justice and by the National Council of the Judiciary (“the NCJ”).  The Court took the view that judges should enjoy protection ...

The Asser Institute, based in The Hague, and affiliated with the University of Amsterdam is seeking an enthusiastic Junior Researcher in International Human Rights Law on a full-time basis (38 hours per week/1 FTE – 32 hours per week also considered).  They will work on the ‘Enabling Civil Society Efforts to Address the Misuse, Diversion, and Abuse of Arms Exports in Latin America’ project and contribute to strengthen our research capacity regarding human rights and arms trade in Guatemala within the Research Strand on ‘ In the public interest: accountability of the state and the prosecution of crimes .’ The Junior Researcher will assist the Asser Project Leader, Senior Researcher  Dr León Castellanos-Jankiewicz  with research on the human rights implications of arms trafficking and diversion, including the development of instruction materials, conducting outreach with civil society organisations, organising conferences and delivering trainings. The Asser In...

According to the Judgment of the Court of Justice (19.10.2023) in Case C-655/21 (G. ST. T.), a custodial sentence of a minimum of five years for trade mark infringement may prove to be disproportionate.  Criminal proceedings for the infringement of trade marks were brought in Bulgaria against the owner of an undertaking selling clothes. The Bulgarian authorities conducted an inspection in a commercial establishment rented by the undertaking. They found that the signs affixed on the goods were similar to already registered trade marks. The trader was charged before the competent Bulgarian court in respect of use of trade marks without the consent of their proprietors. The Bulgarian legislation contains provisions which define the same conduct both as a criminal offence and as an administrative offence.  That court has asked the Court of Justice for clarification on the compatibility with EU law of the Bulgarian law penalising trade mark infringements, given that the penalties p...

Eurojust is launching a selection procedure to establish a reserve list for the profile of Head of Legal Affairs Unit. The Legal Affairs Unit currently oversee the provision of expert legal advice in the area of regulatory and administrative law applicable to Eurojust. The Unit also provides procurement and contract management services to the organisation. Eurojust is the European Union Agency for Criminal Justice Cooperation. Through its unique expertise, Eurojust supports, strengthens and improves the coordination of investigations and prosecutions among the competent judicial authorities of EU Member States in the fight against serious and organised cross-border crime. Eurojust is facing considerable change, including the adoption of a new EU Regulation governing Eurojust and a rising caseload. Eurojust seeks to recruit dynamic, flexible, highly qualified staff to support its mission and further enhancement of the digitalisation of justice information systems. More information on th...

European Commission called on Germany, Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden to fully transpose EU rules on procedural safeguards for children in criminal proceedings. The Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden as well as an additional letter of formal notice to Germany for failing to fully transpose the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings ( Directive(EU) 2016/800 ) into national law. This Directive aims to guarantee common minimum standards regarding the  rights of children who are suspects or accused persons  in criminal proceedings to ensure their right to a fair trial across the EU.  The Commission considers that Germany, Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden have failed to correctly transpose s...

Written by Efi Thoma*  A new Digital Finance Strategy is being implemented at EU level through Regulation (EU) 2023/1114 of 31 May 2023 on markets in crypto-assets (MiCAR), in consistency with the European Commission’s (Commission) agenda to shape Europe’s digital future, by promoting the blockchain technology, since crypto-assets are inextricably linked to the latter. MiCAR will be directly and uniformly applicable in all Member States of the EU, having a binding legal effect, in December 2024, except for Titles III & IV which shall be applicable earlier, i.e. in June 2023. It establishes a bespoke and harmonised legal framework for crypto-assets issuers that seek to offer them across EU, as well as for crypto-asset service providers (CASPs) wishing to apply for an authorisation to provide their services in the EU single market. According to the recitals of MiCAR, the definition of crypto-assets is interpreted “as widely as possible to capture all types of crypto-asse...

In Chamber's judgment dated 10.10.2023 in the case of Pengezov v. Bulgaria (application no. 66292/14) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 (right to a fair hearing) of the European Convention on Human Rights as concerned the insufficient extent of the judicial review carried out by the Supreme Administrative Court. The Court held also that there had been no violation of Article 6 (right to a fair hearing) of the Convention as concerned the independence and impartiality of the Supreme Administrative Court, and a violation of Article 8 (right to respect for private life).  The case concerned a judge’s temporary suspension from his duties on account of his indictment for irregularities allegedly committed in the performance of his former duties.  The Court noted that following the applicant’s prosecution, he had been suspended from his duties as a judge, indefinitely and without pay, by a decision of the Supreme Judici...

The European Commission has prohibited, under the EU Merger Regulation, the proposed acquisition of Flugo Group Holdings AB (‘eTraveli') by Booking Holdings (‘Booking'). The acquisition would have allowed Booking to strengthen its dominant position on the market for hotel online travel agencies (‘OTAs') in the European Economic Area (‘EEA'). Booking did not offer remedies that were sufficient to address these concerns. The Commission's investigation The decision follows an  in-depth investigation  by the Commission of the transaction, which would have combined Booking and eTraveli, two leading providers of OTA services in a concentrated industry. Booking is the leading hotel OTA while eTraveli is one of the main providers of flight OTA services in Europe. Booking is also active in the market for metasearch services (‘MSS') mainly through its price comparison platform KAYAK. OTAs provide an important intermediation service, matching demand ...

PhD Candidate: The Law on the Use and Sharing of Health Data at the Radboud Business Law Institute, Nijmegen, The Netherlands The European legal framework has two competing goals in relation to health data. Health data should be used and shared for better healthcare and research. At the same time, data protection should always be ensured. This project is aimed at the exploration of this tension. It analyses whether the European legal framework leads to an adequate balance between data protection and the free movement of health data, both within and outside the context of Radboud Healthy Data programme. This position is part of the Radboud Healthy Data programme, particularly of work package 4 (ethical, legal and societal aspects, WP4).  Within the broader context of Healthy Data WP4, the legal PhD project is focused on the legal concerns in relation to the use and sharing of health data, both within and outside of the context of the Radboud Healthy Data programme.  Under t...

Change in the publication mode of the Official Journal of the European Union: How to consult information concerning cases lodged before the Court of Justice or the General Court or cases in respect of which a decision has been delivered by those courts from 1 October 2023.  On 1 October 2023, the Official Journal of the European Union will be switching to act-by-act publication. In this new publication mode, the Official Journal will no longer be a collation of acts with a table of contents. Instead, each act will be published individually as an authentic Official Journal in PDF format. In order to make it easier to consult the communications provided for in the Rules of Procedure of the Court of Justice and the General Court, those communications will nevertheless continue to be issued at the same intervals as they are currently and will be published in groups, in principle on Mondays.  Notices relating to cases lodged before the Court of Justice or the General Court or decis...

According to the Judgment of the General Court (27.9.2023) in Case T-172/21 (Valve Corporation v Commission), as regards the online video games, the Court confirms that geo-blocking of activation keys for the Steam platform infringed EU competition law.  In agreeing bilaterally to that geo-blocking, the operator of the Steam platform, Valve and five PC video games publishers unlawfully restricted cross-border sales of certain PC video games that are compatible with that platform. Acting on information received concerning geo-blocking of certain PC video games on the Steam platform according to users’ geographical location, the Commission began an investigation. By decisions of 20 January 2021, it found that the operator of the platform, Valve and five games publishers, namely Bandai, Capcom, Focus Home, Koch Media and ZeniMax, infringed EU competition law.  The Commission found that Valve and the five publishers had participated in a group of anti-competitive agreements or con...

European Ombudsman Emily O’Reilly  has asked the European Parliament  for formal support for her efforts to get the European Commission to act on her recommendations to reduce systemic delays in dealing with requests for public access to documents. In a Special Report to Parliament, the Ombudsman noted that while the Commission indicated that it is already implementing most of her suggestions, Ombudsman inquiries related to public access continue to show significant delays. These delays typically concern access requests related to areas of significant public importance. Recent examples show that it took the Commission over a year to deal with requests concerning documents relating to migration, EU recovery funds, and sanctions against Russia. At the same time, the Ombudsman has seen a sharp increase in complaints about access to document delays in the Commission, with the number in 2023 already four times higher than it was for the entirety of 2020.  “Citizens right...

One of the main objectives of  Convention 108+  is to facilitate the free flow of information between Parties to the Convention and from Parties to non-Parties while at the same time ensuring that the protection “flies” with the personal data when it leaves the jurisdiction of the Parties.  The main reasons for such requirements are laid down in the Preamble of the Convention: “(…) it is necessary to secure the human dignity and protection of the human rights and fundamental freedoms of every individual and, given the diversification, intensification and globalisation of data processing and personal data flows, personal autonomy based on a person’s right to control of his or her personal data and the processing of such data”. Pre-approved standardised safeguards provided by legally binding and enforceable instruments can ensure an appropriate level of protection guaranteed by Convention 108+ in cases where personal data are sent outside of its territorial scope of appli...

On 7th July 2023, the European Data Protection Supervisor and the European Data Protection Board’s trainees organised a Conference on the topic of Artificial Intelligence. Titled,  “the impact of AI on data protection: ensuring privacy in the era of innovation” , this joint event invited other trainees of the EU institutions to reflect on and discuss the developments of AI, their impact on individuals and their privacy, and some of the possible measures necessary to put in place to comply with data protection law. AI is a multidisciplinary topic, affecting numerous aspects of individuals’ day-to-day lives. To represent accurately the pluralism of this topic, the EDPS and EDPB trainees organised a panel discussion with various actors in the field - from technology experts, lawyers to politicians - each sharing their views and analysis. Discussions focused on taking stock of some of AI’s key developments so far, the risks that these may entail, the role of the EDPS and the...

The case Duarte Agostinho and Others v. Portugal and 32 Others (application no. 39371/20), concerning the greenhouse gas emissions from 33 member States, which in the applicants’ view contribute to the phenomenon of global warming resulting, among other things, in heatwaves affecting the applicants’ living conditions and health will be heard before ECtHR on 27 September 2023. The applicants are Portuguese nationals aged between 11 and 24. The applicants claim that the forest fires that have occurred in Portugal each year since 2017 are a direct result of global warming. They allege a risk to their health on account of these fires, and assert that they have already experienced disrupted sleep patterns, allergies and respiratory problems, which are aggravated by the hot weather.  The fifth and sixth applicants stress that climate disruption is causing very powerful storms in winter and maintain that their house, which is situated near the sea in Lisbon, is potentially at risk of dama...

The Court of Justice of the European Union, by judgment, dated 14 September 2023, in Case C-632/21, in proceedings between JF and NS, and Diamond Resorts Europe Limited and others, concerning an application for a declaration that timeshare contracts concluded between the applicants in the main proceedings and Diamond Resorts Europe are void, ruled that: 1. The provisions of Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) are applicable, in the context of a dispute before a court of a Member State, to contracts the two parties of which are United Kingdom nationals, to the extent that those contracts have a foreign element. 2. Article 6(2) of Regulation No 593/2008 must be interpreted as meaning that: - Where a consumer contract fulfils the requirements laid down in Article 6(1) of that regulation (the contract has been concluded by the consumer for a purpose which can be regarded as being outside his or her trade or professi...

According to the Judgment of the European Court of Justice dated 14.9.2023, in Case C-27/22 (Volkswagen Group Italia and Volkswagen Aktiengesellschaft), the principle ne bis in idem applies to penalties, imposed for unfair commercial practices, that are classified as administrative penalties of a criminal nature. That principle precludes criminal proceedings in respect of the same facts from being initiated or maintained where there is a final decision, even if that decision is issued subsequently. On 4 August 2016, the Autorità Garante della Concorrenza e del Mercato (AGCM) imposed a fine of € 5 million on Volkswagen Group Italia SpA (VWGI) and Volkswagen Aktiengesellschaft (VWAG) for unfair commercial practices against consumers.  Those practices concerned, first, the marketing of diesel vehicles in Italy, from 2009, which contained software allowing the measurement of emission levels of nitrogen oxides (NOx) to be distorted during pollutant emissions inspection tests and, second...

Statements made by the Minister of Justice and Prime Minister concerning an important political and economic figure who had been convicted at first instance and had subsequently appealed violated presumption of innocence. In Chamber’s judgment dated 7.9.2023 in the case of Bavčar v. Slovenia (application no. 17053/20) the European Court of Human Rights held that there had been by 6 votes to 1, a violation of Article 6 § 2 (presumption of innocence) of the European Convention on Human Rights, and unanimously, no violation of Article 7 (no punishment without law). Facts  The applicant is a former Slovenian politician who played an important role in the independence process of the country as the Minister of the Interior and later also served as Minister for European Affairs. Subsequently, he became president of one of the largest Slovenian holding companies. In 2016, in retrial proceedings, he was convicted by the first-instance court of two acts of money laundering, namely, acc...

Job Opening : Associate Legal Officer (Temporary) at the United Nations Commission on International Trade Law (UNCITRAL), Vienna, Austria. This position is located within the International Trade Law Division (ITLD), Office of Legal Affairs (OLA), which serves as a substantive Secretariat to the United Nations Commission on International Trade Law (UNCITRAL) and is based in Vienna (Austria). The Associate Legal Officer reports to a Senior Legal Officer as first reporting Officer, and to the Director of the Division as second reporting Officer. For more information on UNCITRAL please visit https://uncitral.un.org/ Responsibilities Within assigned authority, the Associate Legal Officer will be responsible for the following specific duties: • Conduct legal research and analysis and prepare studies in international trade and investment law, comparative studies, briefs, reports and correspondence. • Assist legal officers in the review of legal documents, instruments, or other mat...