The Political and Judicial Life of Metadata: Digital Rights Ireland and the Trail of the Data Retention Directive. CEPS Paper in Liberty and Security No. 65, May 2014

This paper examines the challenges facing the EU regarding data retention, particularly in the aftermath of the judgment Digital Rights Ireland by the Court of Justice of the European Union (CJEU) of April 2014, which found the Data Retention Directive 2002/58 to be invalid. It first offers a brief historical account of the Data Retention Directive and then moves to a detailed assessment of what the judgment means for determining the lawfulness of data retention from the perspective of the EU Charter of Fundamental Rights: what is wrong with the Data Retention Directive and how would it need to be changed to comply with the right to respect for privacy? The paper also looks at the responses to the judgment from the European institutions and elsewhere, and presents a set of policy suggestions to the European institutions on the way forward. It is argued here that one of the main issues underlying the Digital Rights Ireland judgment has been the role of fundamental rights in the EU legal order, and in particular the extent to which the retention of metadata for law enforcement purposes is consistent with EU citizens’ right to respect for privacy and to data protection. The paper offers three main recommendations to EU policy-makers: first, to give priority to a full and independent evaluation of the value of the data retention directive; second, to assess the judgment’s implications for other large EU information systems and proposals that provide for the mass collection of metadata from innocent persons, in the EU; and third, to adopt without delay the proposal for Directive COM(2012)10 dealing with data protection in the fields of police and judicial cooperation in criminal matters.

Great hatred, little room Northern Ireland and the European Union: Attitudes, perspectives and the role of religion. Bruges Political Research Papers 48/2015.

Little academic attention has been given to the study of Northern Irish Euroscepticism despite the fact that it is a unique and interesting example of citizens’ relationships with the EU. Northern Irish Euroscepticism is defined by the divergence in attitudes towards European integration between Catholics and Protestants. This is a divide that is rooted in historical and religious interpretations of the project, as well as the widespread belief that membership of the EU will somehow lead to a united Ireland. Membership in the EU has not had a significant political impact on Northern Ireland, with citizens’ attitudes being largely characterised by a clear lack of interest in the project. Participation at the European level provided limited opportunity for cooperation by both sides while it may be argued that European elections contributed to the sectarian divide.