The European legal approach to Open Science and research data

This dissertation proposes an analysis of the governance of the European scientific research, focusing on the emergence of the Open Science paradigm: a new way of doing science, oriented towards the openness of every phase of the scientific research process, able to take full advantage of the digital ICTs. The emergence of this paradigm is relatively recent, but in the last years it has become increasingly relevant. The European institutions expressed a clear intention to embrace the Open Science paradigm (eg., think about the European Open Science Cloud, EOSC; or the establishment of the Horizon Europe programme). This dissertation provides a conceptual framework for the multiple interventions of the European institutions in the field of Open Science, addressing the major legal challenges of its implementation. The study investigates the notion of Open Science, proposing a definition that takes into account all its dimensions related to the human and fundamental rights framework in which Open Science is grounded. The inquiry addresses the legal challenges related to the openness of research data, in light of the European Open Data framework and the impact of the GDPR on the context of Open Science. The last part of the study is devoted to the infrastructural dimension of the Open Science paradigm, exploring the e-infrastructures. The focus is on a specific type of computational infrastructure: the High Performance Computing (HPC) facility. The adoption of HPC for research is analysed from the European perspective, investigating the EuroHPC project, and the local perspective, proposing the case study of the HPC facility of the University of Luxembourg, the ULHPC. This dissertation intends to underline the relevance of the legal coordination approach, between all actors and phases of the process, in order to develop and implement the Open Science paradigm, adhering to the underlying human and fundamental rights.

Big data and AI applications for health and research. Co-regulation mechanisms as a prosed solution for data protection law issues

Big data and AI are paving the way to promising scenarios in clinical practice and research. However, the use of such technologies might clash with GDPR requirements. Today, two forces are driving the EU policies in this domain. The first is the necessity to protect individuals’ safety and fundamental rights. The second is to incentivize the deployment of innovative technologies. The first objective is pursued by legislative acts such as the GDPR or the AIA, the second is supported by the new data strategy recently launched by the European Commission. Against this background, the thesis analyses the issue of GDPR compliance when big data and AI systems are implemented in the health domain. The thesis focuses on the use of co-regulatory tools for compliance with the GDPR. This work argues that there are two level of co-regulation in the EU legal system. The first, more general, is the approach pursued by the EU legislator when shaping legislative measures that deal with fast-evolving technologies. The GDPR can be deemed a co-regulatory solution since it mainly introduces general requirements, which implementation shall then be interpretated by the addressee of the law following a risk-based approach. This approach, although useful is costly and sometimes burdensome for organisations. The second co-regulatory level is represented by specific co-regulatory tools, such as code of conduct and certification mechanisms. These tools are meant to guide and support the interpretation effort of the addressee of the law. The thesis argues that the lack of co-regulatory tools which are supposed to implement data protection law in specific situations could be an obstacle to the deployment of innovative solutions in complex scenario such as the health ecosystem. The thesis advances hypothesis on theoretical level about the reasons of such a lack of co-regulatory solutions.

Towards Europe 2050: the role of institutions, EU research, and citizens for climate justice. The urban challenge in Amsterdam, Bilbao, Freiburg, and Lisbon.

The climate crisis is the greatest challenge humanity has ever faced, and in 2023 the average global temperature reached new records, prompting the UN Secretary General to declare that 'the era of global warming is over, and the era of global boiling has arrived'. In this context, urban areas play a key role, and can be considered a bottleneck of the climate crisis. The European Commission is investing billions of euros in research and innovation projects in urban areas, while the European Green Deal strategy has the ambition of making Europe the first carbon-neutral continent on the planet by 2050. However, studies and research show that the causes of the climate crisis are rooted in an economic system that produces profound inequalities, and the very solutions to address the consequences of global warming risk deepening them. In this context, the role of cities is not only to decarbonise their urban fabric, but to build solutions to the social challenge posed by the climate crisis, promoting paradigm shifts capable of producing trajectories towards so-called 'climate justice'. This research analyses, through a holistic view, European policies in these fields, and delves into the actions and projects of four European cities - Amsterdam, Bilbao, Freiburg, and Lisbon - through a qualitative approach aimed at identifying strengths and contradictions of strategies to tackle the climate crisis. Delving into the collective dynamics and social impacts of the actions promoted, the research proposes a comprehensive view of the role that urban areas can play not only in decarbonising society, but in promoting a paradigm shift capable of addressing the economic causes and social consequences of the climate crisis.