Weekend Edition Nº48 by eulawlive

Nº48

FEBRUARY 19

2021

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GERMAN FOREIGN OFFICE

THE GERMAN PRESIDENCY OF THE COUNCIL OF THE EUROPEAN UNION: “TOGETHER FOR EUROPE’S RECOVERY”

ANJUM SHABBIR

PORTUGUESE PRESIDENCY INHERITS EU’S LONG LIST OF CRISIS-PRIORITIES

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The German Presidency of the Council of the European Union: “Together for Europe’s Recovery” 1

“Europe will be forged in crises” – Jean Monnet’s prophecy for the European Union (or what was then the European Community) held true for the semester in which Germany had assumed the Presidency of the Council of the European Union in the COVID-19 pandemic.

Europe will be forged in crises

Rarely before has the European Union faced challenges of a magnitude to those in 2020: a health crisis with its tremendous social and economic impact, transatlantic uncertainty, Brexit, to name but the most obvious ones. e European Union took on these challenges, formulated joint answers and assumed international responsibility – all of which with the truly European characteristics of unity, compromise, and solidarity. In the words of our Presidency’s mo o: We worked “together for Europe’s recovery”.

e Council agreed on a common framework to coordinate the actions to contain the pandemic. Council conclusions also aimed at improving EU crisis management and strengthening the European Centre for Disease Prevention and Control. Work is ongoing, with for example preparations under way for the mutual acceptance of rapid antigen tests. In support of the “Team Europe” approach, we contributed to help partner countries worldwide cope with the pandemic. Other Council conclusions made speci c suggestions on how to strengthen the World Health Organization (WHO) and its ability to prevent and react to global health crises.

Legislative and non-legislative acts during our Presidency responded to the urgent need to counter both the pandemic as well as its economic and social repercussions – with a recovery package aimed at making Europe more resilient in the future:

e agreement on the multiannual nancial framework (MFF) and the Next Generation EU recovery instrument became the centrepiece for Europe’s recovery and sent a clear signal of European solidarity and sustainability: Not only will the MFF lay the foundation for the EU’s recovery and foster change. e MFF package also includes a conditionality mechanism, which protects the budget and allows the

ere was an urgent need to counter the pandemic and its economic and social repercussions

1. German Foreign Oﬃce / Auswärtiges Amt.

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EU to react to breaches of the rule of law in connection with the allocation and use of EU funds. e agreement on this package in the Council and with the European Parliament, literally reached in the last days of our Presidency, is a major success for the whole of Europe.

We were able to establish a new rule of law dialogue

We strengthened our shared values in particular with a view to the rule of law – for the rule of law is the one guarantee that secures the ground for all other rights and liberties. To this end, we were able to establish a new rule of law dialogue in the General Aﬀairs Council in order to allow for a constructive discussion on the situation of the rule of law in all Member States. Based on the European Commission’s rst report on the situation of the rule of law in the EU, the rst ve Member States – Belgium, Bulgaria, the Czech Republic, Denmark, and Estonia – participated in an in-depth discussion at ministerial level and shared their countries’ situation and best practices on a wide variety of rule of law aspects. Together with four other Member States, Germany will be up next this year – and we are looking forward to a fruitful exchange of views and practices.

genocide or crimes against humanity. It will apply irrespectively of where these acts have been commi ed. Restrictive measures will include a travel ban or the freezing of assets. Another major crisis – climate change and global warming – continued to play an important role in our Presidency: In December 2020, Member States agreed on raising the European Union’s goal to reduce CO2 emissions to 55% by 2030. To make Europe the rst carbon-neutral continent by 2050, we helped shape European climate law, such as by Council Resolutions to enhance the cross-border exchange of renewable energies, to develop European and global markets and infrastructures for hydrogen, and to foster a resource-eﬃcient circular economy. In addition, the Council underlined its support for the goals of the EU Biodiversity Strategy for 2030 and for the EU’s participation in negotiating the new global framework for biodiversity.

Not only in light of the immediate global health crisis, but also with a view to the transformative and long-term eﬀects of this crisis across the world, Germany remained commi ed to strengthening the EU’s ability to act internationally. During our Presidency, we have underlined that commitment by establishing the European Center of Excellence for Civilian Crisis Management in Berlin, by supporting the European Peace Facility, and by introducing the new EU global human rights sanctions regime. For the rst time, this new EU instrument will allow targeting both individuals as well as entities and bodies responsible for, involved in, or associated with serious human rights violations and abuses – such as

e new global EU human rights sanction regime was introduced

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e EU has laid the groundwork for its future relations with the UK

the groundwork for its future relations with the UK. With the EU-UK Trade and Cooperation Agreement now in place (albeit in the beginning only provisionally applied), we have turned the page to a new chapter of our relations with this important partner and close friend.

Fostering democracy in a broader sense was also our goal in the negotiations on a revised transparency register. With the Council having joined the revised transparency register by means of an interinstitutional agreement, interest representatives now need to register and adopt a code of conduct for any sort of lobbying activity vis-à-vis all three European institutions. is went hand in hand with our Presidency initiatives to make Council proceedings more transparent in general. All Member States also made a commitment that, during their respective presidencies, interest representatives will need to register to be able to meet with that Member State’s Permanent Representative and his or her deputy.

In other words: despite the manifold crises the European Union was confronted with in the six months of our Presidency, not only was the EU able to stand up to these challenges – it rose to the occasion. So one may aptly conclude with Jean Monnet’s prophecy in its entirety: “Europe will be forged in crises – and will be the sum of the solutions adopted for these”.

e progress made on a Comprehensive Agreement on Investment between the EU and China has cleared the path for an agreement seeking to improve European businesses’ access to the Chinese market, to contribute to creating a level playing eld for European companies in China, and to promote sustainable development, especially with regard to environmental standards and the standards of the International Labour Organization (ILO). And nally: the UK’s leaving the European Union marked yet another historic development, while the nal months of our Presidency also became the nal months of the negotiations on a framework for our future cooperation. With the successful outcome of the negotiations on Christmas Eve, the EU has laid

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Portuguese Presidency inherits EU’s long list of crisis-priorities Anjum Shabbir

fair, green and digital recovery”. e terms ‘continuing’ and ‘delivery’ could equally characterise this Presidency, exactly the tasks required of it under the Treaties, and as agreed in the 18-month programme for the Trio Presidency covering ‘COVID-19 recovery’ and ‘strengthening Europe’ (comprising Germany before it, and Slovenia a er it, from 30 June 2021 onwards).

1. Introduction - a ‘mid-crisis Presidency’ e priorities of the Portuguese Presidency of the Council of the European Union, which took over its six-month mandate from the German Presidency on 1 January 2021, are broadly speaking to continue and deliver on existing agenda ma ers to ght the multifaceted crisis the EU faces, within the limits of its competences under Article 16(9) TEU. e EU must continue to ght the pandemic and the related ‘infodemic’, to organise post-pandemic nancial and social recovery, to progress the EU’s plans for its green and digital transformations, and reshape its global identity (the ‘strategic autonomy’ approach that is currently under debate). at is not to mention inheritance of long-standing crises of the deteriorating rule of law in the EU and migration. It must also assist in external representation of the EU abroad most obviously with respect to the completely novel post-Brexit relations, but also in response to recent, broader, but important changing political relations with, for example, the US and Russia.

In tackling the EU’s crises and challenges, much of the legwork in brokering excruciating and diﬃcult negotiations between EU Institutional actors and crucial legislative agenda-se ing occurred during the German Presidency (holding that role for the 13th time), such as on the EU’s budget - the Multiannual Financial Framework (MFF); the EU’s COVID-19 nancial recovery package - Next Generation EU and the Recovery and Resilience Facility; and the EU-UK Trade and Cooperation Agreement - a landmark in EU-UK post-Brexit relations.

is is a mid-crisis Presidency

is is therefore a ‘mid-crisis Presidency’ that must advance legislative and policy agendas that have been agreed in hasty, crisis-ridden circumstances for ongoing large-scale challenges. For that it will need to continue to represent the Council of the EU

e mo o of the Presidency shows that it has recognised the main challenges, and combines its aims to address them in a single phrase: “Time to act: for a 1. Anjum Shabbir is an Assistant Editor at EU Law Live.

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COVID-19 pandemic, fortnightly Council Recommendations on non-essential travel between Member States, adding a higher risk category to the EU’s map of COVID-19 cases, and to the EU from third countries, have continued to be rolled out under the Presidency (see, on the lawfulness of internal EU border closures however, this Long Read by Jörg Gerkrath). In terms of testing, a Council Recommendation on the use of rapid antigen tests and the mutual recognition of COVID-19 test results across the EU has recently been agreed, which shows alignment with a European Commission Recommendation on a common testing framework published in November.

and cooperate with other EU Institutions and Member States even more closely than is usual practice (especially the European Parliament as the Council’s co-legislator). As that crisis continues and COVID-19 travel restrictions remain in place, there is also a continued impact on the operational functioning of the Presidency and the Council of the EU: a temporary derogation from Article 12(1) of the Council’s Rules of Procedure (which has applied since March 2020) has been extended until March 2021. is means the ordinary wri en procedure for decisions taken by Coreper when voting on legislation will continue, and will have to be managed and implemented by this Presidency.

More a ention has also been paid (other than in the work programme) by the Presidency to EU vaccination policy, and the Portuguse Presidency has made express commitments to give full priority to implementing the EU vaccines strategy, throwing its support behind the approach amidst recent criticism pursuant to the very public dispute between the European Commission and AstraZeneca.

Crises of the COVID-19 Pandemic Fighting the COVID-19 pandemic is Presidency’s 37-page work programme does not expressly mention the COVID-19 pandemic and related travel restrictions, testing, or vaccination ma ers, including only a remark that it supports the creation of a European Health Union, and reference to strengthening EU disaster management (page 14). Under those general objectives, a mandate for Council negotiations with the European Parliament, agreed by the German Council Presidency to strengthen the EU Civil Protection Mechanism through a Regulation in December, reached the stage of provisional agreement this month during the Portuguese Council Presidency’s term.

Economic recovery required due to the pandemic is Presidency is however focusing more on ‘recovery’ than the pandemic itself, as is visible in its work programme and priorities. As already discussed, it is managing the Council’s legislative agenda so that the funding instruments agreed under the German Presidency to deal with the economic fallout of the pandemic can be implemented. It will for example actively contribute to starting the implementation of the new MFF, which came into force at the same time its mandate began. Of particular note is the adoption of the Recovery and Resilience Facility (RRF) Regulation, the main pillar of

It is nonetheless operating in line with the European Council’s overall approach to those aspects of the crisis, as set out in November. For example, with regard to travel restrictions imposed due to the

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is Presidency is however focusing more on ‘recovery’

with the aim of assisting Member States in preparing, amending, implementing and revising their national recovery plans (particularly to meet spending goals prescribed for digital transformation). is too has been achieved, having been oﬃcially published today.

the Next Generation EU, which has just been oﬃcially published. Crucially, the Presidency will have to act, as mandated, as an ‘honest and neutral broker’ to ensure the next steps in the process to actually allow the funding under the RRF to be unlocked in a timely manner, namely by April this year: Member States must now ratify the requisite national recovery and resilience plans (NRRPs), and those plans must then be submi ed to and approved by the Council - as well as the Commission. In response to media queries as to possible issues aﬀecting that deadline, the Portuguese Prime Minister Antonio Costa (as agreed by the Presidents of the European Commission and Parliament) has expressed con dence in meeting the deadlines. It was also highlighted that 13% of the funds can be disbursed in advance, and they did not expect delays because these measures are in the Member States and EU interests. ere was no speci c discussion however of what would occur if the requirement in the NRRPs to allocate up to a third of planned spending to environmental ma ers has not been approved domestically or complied with.

Alongside this, the Presidency has also listed as priorities the deepening of the Economic and Monetary Union, and as a high priority, the promotion of tourism in the EU. e Presidency’s management of the recovery process in particular will be clear at the time of the High level conference on economic recovery that is scheduled to take place in June, in Lisbon.

Social recovery required due to the pandemic e German Presidency had outlined ‘postpandemic social recovery’ (such as through upskilling, reskilling, investment and greater labour law protection) as a priority in its work programme. e Portuguese Presidency too lists that as its ‘mission to strengthen trust in the European social model’, through emphasis of the European Pillar of Social Rights. In light of that objective, a Social Summit has been organised to take place in Porto on 7 May 2021 in order to drive ‘political impetus to the implemen-

In this vein, also pending on the Presidency’s management agenda was the European Parliament’s vote on the Technical Support Instrument that negotiators of the European Parliament and the Council of the EU reached an agreement on in mid-December,

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her this can be achieved within its six-month mandate remains to be seen, but a Climate Change conference has been scheduled for March, and a Conference on green hydrogen will be taking place in April.

tation of the European Pillar of Social Rights and its action plan’, and at which it is expected to pay particular a ention to the areas of employment, quali cations and social protection. Speci cally, in its work programme, the Presidency in rather certain terms calls for ‘regulation of new forms of work, decent working conditions, safe workplaces and fair wages’ and suitable working hours and social protection: taking as the minimum point of departure negotiation of the Directive on adequate minimum wages and the European Strategy on Safety and Health at Work.

Worth noting is an element that sets this Presidency apart from its predecessor - namely the emphasis on a ‘blue (ocean) economy’ that includes renewable energies, blue biotechnology, sustainable aquaculture, coastal and maritime tourism, green shipping, and maritime surveillance technologies for the protection of the marine environment.

e EU's green and digital transformations are prioritised and there is also emphasis on a 'blue (ocean) economy'

Climate Crisis and EU Environmental Policy

COVID-19 Infodemic Crisis and EU Digital Policy

e Presidency has listed implementation of the European Green Deal as a clear priority, and expressed its aim to move forward with various EU environmental strategies in the pipeline - in particular the EU Climate Act, for which the German Presidency had already received a negotiating mandate in December (see also the Council’s conclusions on green and digital transformation in Deceber). Whet-

Despite the COVID-19 related disinformation problems, or ‘infodemic’, the work programme does not mention that many speci c envisaged legislative measures. It has instead a section on ‘Accelerating the digital transformation for citizens and businesses’; and generally discusses regulation envisaged as a follow up to the AI White Paper, e-Justice, and digitalisation in the elds of police and judicial coopera-

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is Presidency does not focus on EU-China relations like the German Presidency, and has placed EU-Africa and EU-India relations in particular high on its list of priorities. A meeting has already been held between EU and Indian leaders (on 5 February), and the EU-India Summit will take place in May 2021. It will also prioritise conclusion of the negotiation processes for the revision of the Association Agreements with Mexico and Chile, as well as that with Mercosur.

tion. e la er is referred to as including the revision of the Europol Regulation, and by paying a ention to the implementation of the newly established European Public Prosecutor’s Oﬃce, and the need to monitor cybercrime. More emphasis has been placed in this Presidency on the priorities of ghting terrorism and developing a new internal security strategy. ere has however been some progress in other parts of the EU’s digital agenda. Under its Presidency a negotiating mandate for the 20-year old ePrivacy Directive has been agreed, enabling the Council to discuss a new and revised e-Privacy Regulation with its co-legislator, the European Parliament (see this Op-Ed by Tiago Sérgio Cabral for an analysis of this legislative development). Mention is also made of ‘digital taxation’, and reaching ‘political agreement’ on this, but this is brief, and there is no detailed mention of the proposals for the Digital Services Act and Digital Markets Act - it is therefore unclear how quickly such legislative processes will be managed under this Presidency.

e work programme makes only limited mention of EU-UK relations. As mentioned earlier, the German Presidency brokered a landmark post-Brexit agreement within the EU institutions of the EUUK Trade and Cooperation Agreement that was agreed and signed at the end of December 2020. With tensions arising between the two sides, and demands for changes to the Northern Ireland/Ireland Protocol, it is possible that this is forced into a more visible priority for the Presidency. Formal adoption is also pending and will have to be overseen by the Presidency, the EU-UK TCA currently only applying provisionally.

Only limited mention is made of EU-UK relations

Overall, this Presidency will also be dealing with the possibility for EU-US relations to be reset with the election of Joe Biden as US President, and in light of this has indeed called for a return to multilateral cooperation in the elds of climate change and more. EU-Russia relations on the other hand have soured (and is a relationship which the work programme states the Presidency will be ‘monitoring’), with the High Representative coming under scrutiny for his visit to Moscow this month. ere is no mention however of the newly established EU global-human rights sanctions mechanism established under the

EU’s External relations and ‘Strategic Autonomy’ In supporting the formal representation of the EU by the High Representative for Foreign Aﬀairs and Security Policy and Commissioner Josep Borrell, and the European External Action Service, the Presidency also chairs Council con gurations and preparatory bodies dealing with issues that o en have an external dimension, and an important role in relations between the EU institutions.

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the German Presidency, which remains crucial and necessary. It is distinguished by its social recovery priorities, strong environmental focus, and diﬀering external relations agenda, but can be described as disappointing for the lack of speci c emphasis on more long-term crises such as on the rule of law, migration, the future of Schengen, and disinformation (2). Finally, it remains to be seen whether under this Presidency, despite its aims to do so, it will be possible to launch the much-delayed (it being one year since it was announced) Conference of Europe: its nature, goals, allocated responsibilities and calendar still being unde ned since the Council of the EU expressed its position 5 months ago.

German Presidency in the work programme (read this Op-Ed on that mechanism by Celia Challet). Finally, connected to its priorities for postpandemic recovery, this Presidency will be working on shaping the EU’s strategic autonomy - namely on how to reduce external dependence on critical goods and technologies, and to increase food security, as the pandemic highlighted how dependent the EU is on non-EU countries (read this Op-Ed by Luca Rubini for more discussion on the EU’s trade policy review).

Conclusion is Presidency continues and implements many of the crises-measures brokered and adopted during

2. It should also be noted that the European Ombudsman issued a recommendation noting that ‘the use of sponsorship by the Presidency entails reputational risks which the Council should address’, but that unlike the German Presidency, the Portuguese has returned to corporate sponsorship (albeit selected further to criteria that the companies have sustainability goals), citing this as nancially necessary. On the Transparency Register aimed at visibility of who lobbies the EU institutions in the public interest, see also this Op-Ed by Emilia Korkea Aho.

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News Highlights Week 15 to 19 February 2021

Energy Charter Treaty and prohibition of arbitration clauses in intra-EU BITs: Belgium’s request for an Opinion published Monday 15 February

EU executive agencies: new framework for implementation of 2021-2027 MFF now published Monday 15 February

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Commission Implementing Decision 2021/173 establishing several EU executive agencies implementing EU programmes under the 2021-2027 MFF was published, determining their tasks, portfolios and general operating rules.

A request for an Opinion (C-1/20) submi ed by Belgium before the Court of Justice was oﬃcially published, on the compatibility of the intra-European application of the arbitration provisions of the Energy Charter Treaty with EU primary law.

General Court to examine ECHA’s requests for toxicity studies regarding substance 2-ethylhexyl salicylate

Two Assistant Professors in European law positions at University of Groningen

Monday 15 February

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Oﬃcial publication was made of two actions for annulment (T-655 and T-656/20) brought by the company Symrise against the decisions of the Board of Appeal of the European Chemicals Agency (ECHA) of 18 August 2020 in cases A010-2018 and A-009-2018.

e University of Groningen (Netherlands) is seeking two Assistant Professors in European law with research expertise and interests in the eld to participate as a lecturer and coordinator of Bachelor and Master’s courses.

ECtHR’s Grand Chamber con rms extraterritorial application of the Convention concerning German troops in Afghanistan but nds no breach of human rights

Council adopts package to facilitate access to funding

Tuesday 16 February

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e Council of the EU adopted amendments to the Markets in Financial Instruments Directive (MiFID II) and the Prospectus Regulation (2017/1129) to facilitate the recapitalisation of EU companies on nancial markets. e aim of the package they form part of is to make it easier for capital markets to support economic recovery from the pandemic.

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e European Court of Human Rights in Grand Chamber judgment Hanan v. Germany (application no. 4871/16) ruled that special features led to extraterritorial application of the ECHR. Germany allegedly breached the right to life in respect of the death of two children through troops in Afghanistan, and the right to an eﬀective remedy for failure to investigate the deaths.

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EU publishes noti cations to UK of relevant competent authorities pursuant to EU-UK Trade and Cooperation Agreement Tuesday 16 February

Amendments to Fund for European Aid to the Most Deprived published Tuesday 16 February

Regulation 2021/177 (amending Regulation 223/2014 se ing out rules on the Fund for European Aid to the Most Deprived) was oﬃcially published, including rules on speci c measures for addressing the crisis associated with the outbreak of COVID-19.

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e European Union published noti cations addressed to the United Kingdom se ing out relevant national competent authorities for various purposes under the EU-UK Trade and Cooperation Agreement, which entered into force on 1 January 2021.

Council adopts Regulations on slot relief and transport document extensions Tuesday 16 February

ECtHR: dismissal of whistleblower doctor concerning alleged illegal euthanasia-case does not breach freedom of expression

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e Council of the EU adopted two sets of temporary rules to support the transport sector, which continues to be aﬀected by the COVID-19 crisis: to provide relief from EU airport slot requirements, and on the extended validity of certi cates, licences and authorisations in other transport sectors.

Tuesday 16 February

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e European Court of Human Rights ruled in Gawlik v. Liechtenstein (no. 23922/19) that the dismissal of a doctor without notice, the doctor having lodged a criminal complaint for active euthanasia in his hospital, did not breach the freedom of expression in Article 10 of the ECHR.

Commission launches public consultation on cross-border judicial cooperation to modernise EU justice systems Tuesday 16 February

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ECHA publishes report on impact of restrictions of hazardous substances Wednesday 16 February

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e European Chemicals Agency published a report on the impact of restrictions of hazardous substances, concluding that they protect citizens’ health by reducing risks of serious illness such as cancers, sexual development disorders, asthma and skin allergies.

e European Commission launched a public consultation on the modernisation of EU justice systems, as part of its package of initiatives it presented in December 2020.

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European Banking Authority’s nal guidelines on alternative treatment of ‘triparty repurchase agreements’ for large exposure purposes Wednesday 17 February

General Court dismisses Ryanair’s challenge to French and Swedish State aid schemes for airlines Wednesday 17 February

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e General Court delivered its judgments in Cases T238/20 and T-259/20, Ryanair v Commission, dismissing actions brought by the Ireland-based low cost airline against French and Swedish State aid measures adopted in the wake of the COVID-19 crisis to support airlines holding national licences.

e European Banking Authority published its nal guidelines on the conditions for the application of the alternative treatment of institutions’ exposures related to ‘tri-party repurchase agreements’ for large exposure purposes.

European Court of Human Rights grants interim measures and calls for release of Aleksei Navalny on safety grounds

Commission warns Cameroon against illegal unreported shing Wednesday 17 February

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e European Commission decided to issue a ‘yellow card’ as a warning to Cameroon under the IUU Regulation which applies to all shing vessels, under any ag, in all maritime waters. It considers that Cameroon must ensure proper control of illegal, unreported and unregulated shing in line with agreed international law standards of the sea.

Wednesday 17 February

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e European Court of Human Rights, hearing an urgent Rule 39 interim application request made by Mr Aleksei Navalny, granted his request, calling for the Government of Russia to release him. e interim measure applies with immediate eﬀect.

Commission sends le er of formal notice to Hungary calling on it to implement the CJEU’s judgment on its law on the transparency of associations ursday 18 February

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European Court of Human Rights nds no violation of the ECHR in case of arrest of drunk individuals ursday 18 February

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e European Court of Human Rights in P.M. and F.F. v. France (application no. 60324/15), unanimously found that there has been no violation of Article 3 ECHR (prohibition of torture and inhuman or degrading treatment) in a case involving the arrest of two individuals in a state of inebriation in Paris, who had alleged that they had been assaulted by police oﬃcers.

e European Commission issued a le er of formal notice to Hungary over its failure to comply with the Court of Justice’s Grand Chamber ruling in Commission v Hungary (Transparency of associations) (C-78/18) (restricting nancing of civil organisations by persons established outside that Member State does not comply with EU law).

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Commission sends le er of formal notice to France on withholding tax rules on dividends to insurance companies in other EEA Member States

Recovery and Resilience Facility Regulation now oﬃcially published ursday 18 February

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Regulation 2021/241 establishing the Recovery and Resilience Facility – part of the EU’s Next Generation EU nancial pandemic-recovery package, was oﬃcially published. National recovery and resilience plans must now be submi ed on how the funds will be spent for domestic reform and investment, for the approval of the Council of the EU and Commission.

ursday 18 February

Considering that French withholding tax rules on dividends to insurance companies based in other European Economic Area States is an infringement of the free movement of capital (Article 63(1) of the TFEU and Article 40 of the EEA Agreement), the European Commission sent a le er of formal notice to France as an early step in an infringement procedure.

EFTA Court to hear another case on entitlement to unemployment bene ts a er stay in other EEA State

ECtHR Grand Chamber to hear case concerning judicial reform in Poland ursday 18 February

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ursday 18 February

e Grand Chamber of the European Court of Human Rights will hear the case of Grzęda v. Poland (application no. 43572/18). Mr Grzęda is a judge of the Supreme Administrative Court who was initially appointed as a member of the National Council of the Judiciary, but whose oﬃce was terminated with the entry into force of new legislation.

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Questions referred to the EFTA Court for an Advisory Opinion in Criminal Proceedings against P (Case E-15/20) were oﬃcially published. e case is another opportunity for the EFTA Court to rule on the compatibility of free movement of persons with Norwegian provisions making unemployment bene ts conditional on the absence of temporary stays in other EEA States.

Rules set out for newly established Permanent Chambers of European Public Prosecutors: Decision published Friday 19 February

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EU Strategic Autonomy Trade Strategy Friday 19 February

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e European Commission set out its view on the EU’s trade strategy for the coming years yesterday, which emphasises the green and digital transitions, multilateralism, and greater assertiveness in defending the EU’s interests and values.

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A Decision was published establishing the 15 Permanent Chambers of the European Public Prosecutor’s Oﬃce (EPPO), with rules on the division of competences between them and allocation of cases.

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Insights, Analyses & Op-Eds Safeguarding the Rule of Law in the European Union

e Council’s Position regarding the proposal for the ePrivacy Regulation: out of the frying pan and into the re? by Tiago Sérgio Cabral

A Meijers Commi ee project

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Analysis of the project ‘Safeguarding the Rule of Law in the EU’ run by the Meijers Commi ee, a Netherlands-based independent commi ee of experts in the eld of EU law, migration and asylum law, criminal law, privacy law and nondiscrimination law.

Op-Ed examining the Council of the European Union’s agreed negotiating mandate regarding the proposal for a new ePrivacy Regulation, breaking a multi-year deadlock and giving new breath to the proposal which is meant to replace the current ePrivacy Directive 2002/58 .

Hanan v. Germany: applying the ECHR to United Nations international military operation without aﬀecting States’ willingness and ability to engage in such operations? by Frédéric Bouhon

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Analysis of the new insights provided by the ECtHR to its already complex case law regarding the extraterritorial applicability of the ECHR, through the judgment of Hanan v. Germany (application no. 4871/16), a particularly sensitive case, dealing both with the limits of the scope of the ECHR and the eﬀect it may have on military and geopolitical issues.

Library - Book Review William Phelan

By Marc Steiert READ ON EU LAW LIVE

Great judgments of the European Court of Justice - Rethinking the Landmark Decisions of the Foundational Period Review of a book pointing out that it ‘is crystal-clear that Lecourt’s writings cover a broad range of legal subjects’ and which ‘prove indeed that retaliation and the foundational doctrines are connected’ but ‘also imply that there is more than one possible account of EU integration, whether for states or individuals’.