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.

Ten Years of Judicial Cooperation. Occasional Paper 4/2014

This paper intends to illustrate the respective roles and functions of the Court of Justice of the EU (CJEU) on the one hand, and the Maltese national courts on the other. It will then define the scope and role of the judicial cooperation between the CJEU and the national courts, highlighting the procedure relating to the preliminary rulings. The paper will then briefly describe the cases brought before the CJEU involving Malta, including those concerning requests for preliminary rulings originating from Malta, and the direct actions by the European Commission before the Court of Justice, as well as those before the General Court. After a description of the rationale behind the publication of the book Malta u l-Qorti tal-Ġustizzja tal-Unjoni Ewropea (Malta and the Court of Justice of the European Union), and following the conference in which it was presented, the main points that emerged from the conference will serve as a backdrop to some statistical analysis pertaining to the Maltese cases, as well as some reflections on the current situation of the judicial cooperation obtained after ten years. It will propose that, besides a mere statistical analysis of the raw figures that emerge, one must rather address his attention to the spirit of EU membership, and reflect on whether Malta’s legal system has actually absorbed and understood the full meaning of the EU membership, ten years after it took place.

Judicial Selection, Lay Participation, and Judicial Culture in the Czech Republic: A Study in a Central European (Non)Transformation. College of Europe Research Paper in Law 03/2014

Introduction. The idea that “merit” should be the guiding principle of judicial selections is a universal principle, unlikely to be contested in whatever legal system. What differs considerably across legal cultures, however, is the way in which “merit” is defined. For deeper cultural and historical reasons, the current definition of “merit” in the process of judicial selections in the Czech Republic, at least in the way it is implemented in the institutional settings, is an odd mongrel. The old technocratic Austrian judicial heritage has in some aspects merged with, in others was altered or destroyed, by the Communist past. After 1989, some aspects of the judicial organisation were amended, with the most problematic elements removed. Furthermore, several old as well as new provisions relating to the judiciary were struck down by the Constitutional Court. However, apart from these rather haphazard interventions, there has been neither a sustained discussion as to how a new judicial architecture and system of judicial appointments ought to look like nor much of broader, conceptual reform in this regard. Thus, some twenty five years after the Velvet Revolution of 1989, the guiding principles for judicial selection and appointments are still a debate to be had.

Ensuring the EU’s future as a security provider Five recommendations for the June European Council’s session on CSDP. EPC Commentary, 23 June 2015

On 25 and 26 June 2015, the Heads of State or Government of the European Union (EU) will convene to discuss the implementation of their Conclusions on the Common Security and Defence Policy (CSDP) from December 2013. A substantial and frank debate among EU leaders is urgently needed in order to forge a lasting and credible vision for CSDP.

The German Constitutional Court’s decision about the European Central Bank’s OMT [Outright Monetary Transactions] mechanism: A masterpiece of judicial arrogance. European Policy Briefs No. 30, April 2014

The German Constitutional Court (BVG) recently referred different questions to the European Court of Justice for a preliminary ruling. They concern the legality of the European Central Bank’s Outright Monetary Transaction mechanism created in 2012. Simultaneously, the German Court has threatened to disrupt the implementation of OTM in Germany if its very restrictive analysis is not validated by the European Court of Justice. This raises fundamental questions about the future efficiency of the ECB’s monetary policy, the damage to the independence of the ECB, the balance of power between judges and political organs in charge of economic policy, in Germany and in Europe, and finally the relationship between the BVG and other national or European courts.

Bioethical perspectives for ageing: the documents produced by the Ethics Councils

Aging attracted keen interest in research, health, education as well as cross-sectors approaches. We researched what has been produced by the National Bioethics/Ethics Councils in the form of opinions or other documents, relating to aging and elderly people. In the websi-tes of the 28 EU councils and 12 other countries, we identified 4 documents relating to aging and 8 opinions, which we analyse. The Councils have proposed to draw the attention and reflection of public opinion to the elderly condition; all agree that the age has its own traits and that matters revert to a “culture of old age”, respect and promotion of a positive aging. Enhance the diversity of modes of aging and the importance of preparing all, promoting literacy for aging, creating social and legal protective elements (Elderly Statute, Observatory of the Elderly Conditions). From the analysis, a set of principles and bioethical elements: [1] respect for human dignity, regardless of the stage of life; [2] recognition of the person’s situation uniqueness to aging; [3] freedom of one’s own decision, which is materialized in respect for autonomy; [4] recognition of the vulnerabilities of the elderly, [5] ethical commitment and social responsibility in monitoring the elderly, [6] non-discrimination by age and [7] the guidance to the conditions of the integral good and quality of life. Aging is an existential step for which we can prepare, on the assumption that human life in its longevity, interweaves those who are older and those younger, on the crucial issue of human existence.

Dictamen de la H. Comisión de Constitución y Policía Judicial en el juicio de responsabilidad contra el ex-Ministro de Justicia y Hacienda don Alfredo Ascarrunz.

Cover title.

La inmunidad parlamentaria como excepción judicial; estudio jurídico-constitucional,

Cover title.

Compendio de la Gaceta judicial.

Compiled by dr. Octavio Moscoso.

Defensa judicial del Dr. Miguel A. Granado, ante la Corte Superior del Distrito de Cochabamba en los juicios de imprenta contra los directores de "El Ferrocarril", por los delitos de libelos injuriosos y calumniosos.

Mode of access: Internet.