In dystopian fiction, like Orwell’s 1984, thought criminals get punished for thinking against the state. In such unwanted scenarios, a thought is consciously manifested in people’s behaviour (e.g., ideas written in a diary); and that behaviour is observed by humans…
European Law Blog
The European Law Blog, published by the European Law Blog collective, focuses on developments and discussions related to European Union law and policy. It covers topics such as EU institutions, legislative processes, judicial decisions from the Court of Justice of the European Union, and the impact of EU law on member states. The blog also addresses issues in competition law, internal market regulations, fundamental rights within the EU framework, and external relations of the Union. It serves as a platform for legal scholars and practitioners to analyze and debate current trends and challenges in European law.
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The AI Exemption That Isn’t: How the Digital Omnibus Weakens Article 9’s Strongest Protections Under the Guise of Technical Necessity
The Digital Omnibus proposes Article 9(2)(k), letting AI systems process special category data on grounds of technical necessity. This piece tests that claim, finding its gateway too broad and its accidental/intentional distinction unverifiable and self-policed by controllers.
The protection granted to asylum seekers’ personal data under EU law
In the post, it is pointed out that the protection granted to asylum seekers’ personal data under EU law is marked by the tendency, currently identifiable in the legal provisions covering both asylum and migration, to criminalise incoming migratory flows.
Article 83 TFEU and the EU’s Consent Debate: Why the Competence Objection Is Less Convincing Than It Appears
Can the EU harmonise a consent-based definition of rape under Article 83 TFEU? This post revisits the constitutional debate behind the 2024 Directive and argues that the competence objection is less convincing than commonly assumed.
Judge-Proof Numbers, Exposed Reasons: What Meta v Commission (T‑1078/23) Demands of DMA Designation Decisions
In T‑1078/23, the General Court upheld almost all of Meta’s gatekeeper designation but annulled one clause for inadequate reasoning. The ruling shifts the pressure in DMA designation from the numbers, which held, to the reasons, which must now keep pace…
Can the Union Infringe Lex Certa? Article 7 of the Anti-Corruption Directive 2026/1021 and the Constitutional Limits of EU Criminal Harmonisation
The Anti-Corruption Directive (EU) 2026/1021 (of 29 April 2026, published in the Official Journal on 11 May 2026 and in force since 31 May 2026) marks a significant step in the harmonisation of EU criminal law. Among its key innovations…
From Vigilance to Omnibus: Is the CSDDD Heading Down the Same Path as France’s Due Diligence Law?
By Hugo Rindel
The CSDDD Omnibus I rollback mirrors the enforcement struggles of France’s eight-year-old Loi de Vigilance. As the UK watches from the sidelines, cross-border companies face a patchwork of due diligence rules that may produce more confusion than accountability.
Establish, Then Escape? How the Court of Rome, the One-Stop-Shop and a Single Word Opened an AI Enforcement Gap
Two months ago, in a post titled “A Lot of Noise, One Fine, Zero Survivors”, one of us observed that the Court of Rome had just annulled the €15 million fine that Italy’s data protection authority, the Garante, had imposed…
Hungary’s Last Constitutional Moment: Rule of Law under Article 2 TEU
Hungary’s Constitutional Moment: Between Institutional Decapture and Constituent Power — The Obligations of the Supermajority and the Demands of Article 2 TEU.