European Studies

Mazur, Viktoria; Chochia, Archil

2022 European Studies

doi: 10.2478/eustu-2022-0001

SummaryFake news is relevant in most countries of the world; nowadays the disinformation and fake news are of great importance as they greatly affect different political and social aspects of public life including healthcare, elections, migration, economy, etc. People are free to express themselves in different forms on the Internet, including publishing any content due to the freedom of expression. In order to understand how to legally frame fake news, it should first be clearly defined. The problem of disinformation and fake news is closely connected to the fact that providing a new law on fake news is likely to not just overlap but even often to conflict with the legislations that guarantee freedom of expression as fundamental freedom in the European Union. After considering existing laws, comparing, and analyzing measures taken to combat fake news, it appears that legislation may lead to over-censoring, violating freedom of expression. For effective fighting with fake news and its negative impact on the EU public, regulation on fake news is not necessary, it brings more legal issues than benefits to combating the dissemination of disinformation. Clearly defining the borderline between fake news and lies in the context of freedom of expression can therefore be more useful, taking a balancing approach. The general public is in many cases lacking media literacy and it can be improved by strengthening the role of media, which should be more consistent and be aimed at educating modern society.

Čanji, Danijela

2022 European Studies

doi: 10.2478/eustu-2022-0002

SummaryIn this article, I seek to examine how the legal and political changes introduced by the European Union’s New Pact on Migration and Asylum enhance the legal protection of refugees and asylum seekers fleeing to the EU territory across the central Mediterranean migration route. Empirically drawing on the discourse of the European Commission representatives and the discourse around the new Pact on Migration and Asylum, I will engage in analyzing the EU’s human-focused narrative about migration management that the Pact promotes. The emphasis is put on how the dominant legal categories, in particular the category of refugee, are (re)constructed and the purposes such re-articulation has for the rights of the people on the move. Situating the study into critical legal theoretical framework, my aim is to demonstrate that although the EU’s new narrative acknowledges migrants’ vulnerable position, persons in need of international protection are simultaneously put into the discursive frame of irregularity – the same discourse the EU is vehemently fighting against. Hence, due to the conceptual ambivalence of the legal identities, under the new Pact, the persons legally entitled to protection will find it more difficult to claim their right to safe asylum in the EU.

Brown, Rafael; Truby, Jon; Ibrahim, Imad Antoine

2022 European Studies

doi: 10.2478/eustu-2022-0003

SummaryThe European Union (EU) is leading in the regulation of data privacy and artificial intelligence through the General Data Protection Regulation (GDPR), the proposed European Commission (EC) regulation, and the proposed European Parliament (EP) regulations concerning Artificial Intelligence (AI). The EU also regulates AI through ethical aspects and Intellectual Property Rights as well as the Council of Europe’s conclusions concerning the use of sandboxes regulations and experimentation clauses. This article highlights the EU’s missed opportunities to create synergies between the GDPR and the proposed AI regulations, given that in several instances they deal with issues that must be regulated from an AI perspective, while simultaneously ensuring data protection of EU citizens. In particular, the EU’s ad hoc approach to AI regulation creates lacunas because of its failure to fully integrate the essential components of AI data and algorithm within a regulatory framework.

Vardanyan, Lusine; Kocharyan, Hovsep

2022 European Studies

doi: 10.2478/eustu-2022-0004

SummaryAt the end of 2020, the European Commission published a new European data strategy, which aims to create a new legal framework to promote the development of a single European data market. In the scope of the new strategy the European Commission has already proposed the Data Governance Act proposal (hereinafter – the “DGA”), which aims to strengthen the mechanism to facilitate data exchange. The proposal of the new legislative act has raised the question about the right balance between it and the existing EU legislative acts, which were adopted in the key of personal data protection, especially with the General Data Protection Regulation (hereinafter – the “GDPR”). We argue that there are a number of inconsistencies between the DGA proposal and the GDPR that may prevent the full implementation of mechanisms that allow achieving the EU’s intended goals in this field within the framework of the new European strategy. The interaction of the DGA with the GDPR is characterized by conflict of laws and legal uncertainty, which can jeopardize the achievement of the objectives of the DGA itself and can reduce the level of personal data protection in the EU, compared to the GDPR. Besides, the examination of the relevant case-law of the Court of Justice of the European Union (hereinafter – the “CJEU” or the “Court”) regarding the implementation of the GDPR identifies approaches that prevent the opening of data exchange as the DGA proposal requires.

Mach, Martin

2022 European Studies

doi: 10.2478/eustu-2022-0005

SummaryThis article discusses the Streisand effect in Right to be forgotten. Since this is a highly undesirable phenomenon, the article seeks to answer questions that reveal its frequency and the chance of its manifestation, thus answering the questions of how common the Streisand effect in right to be forgotten is; and it seeks and analyzes the variables that affect the chance of the Streisand effect. To find answers, the article draws on court decisions and also uses the insights of authors working on similar topics. Thus, each variable is justified and shown in a specific real case. The article concludes with a look at the possible increase in the Streisand effect in the future.

Šuplata, Marian; Delaneuville, Frédéric; Giba, Marián; Demjanovič, Daniel

2022 European Studies

doi: 10.2478/eustu-2022-0006

SummaryThe main aim of this chapter is to make a brief and comprehensive overview of various events of crises across the EU member states that arose in the period from the adoption of the Lisbon Treaty until the end of year 2020. The chapter first, examines the period of crisis in the EU after the adoption of Lisbon Treaty and before BREXIT which includes: economic and debt crisis, euro-zone crisis, Ukrainian crisis and migration crisis. The next part of the chapter looks at BREXIT as “another serious test for the EU”. In the third stage, the chapter looks at the most recent crisis the EU is facing as a consequence of global spread of COVID19 virus in the world and examines various options for further potential cooperation of member states in this new area. In this part chapter looks at the scope of EU competences and explores measures adopted by the EU since the beginning of the pandemic. In its conclusions the chapter looks at various options and scenarios of further potential developments the “European union on crossroads” at the end of year 2020. This includes reflections on various (and often contradictory) views and arguments on the shape of future euro integration process.

Charvát, Jakub

2022 European Studies

doi: 10.2478/eustu-2022-0007

SummaryModern democratic political systems are hardly conceivable without political representation. This also applies to the political system of the EU, and namely the European Parliament. The EP has undergone several changes over time, including changes in its composition. The case study addresses the composition of the EP from the historical perspective. It investigates the origins of the EP’s composition, reapportionment strategies chosen and their effects on malapportionment of the EP seats. When changing the EP’s composition, the accommodation, expansionary and redistributive modes can be distinguished. While the accommodation mode is closely linked to the processes of enlargement, the expansionary and redistributive modes follow both enlargements and institutional reforms. The redistribution mode may be the strategy for the maintenance of malapportionment while the expansionary mode is a way to reduce the disproportionality of seat allocation among Member States in the context of institutional reforms, at least until the 1990s.

Ozoráková, Lilla

2022 European Studies

doi: 10.2478/eustu-2022-0008

SummaryThe principle of mutual trust is based on the idea that there is mutual confidence between Member States that their national legal systems are in line with the European Union law and are able to provide similar protection of the shared values. However, the experience of last years has brought multiple challenges questioning these fundamental building blocs. This article focuses on understanding the role of fundamental rights and the rule of law in limiting the principle of mutual trust as suggested by the case law of the Court of Justice of the European Union (CJEU). It discusses the shift in the approach of the CJEU towards the limitations, exploring whether the recent case law suggests that the current crises of values, including the systemic violations of the rule of law and fundamental rights play a crucial role in widening the limits of mutual trust.

Patakyová, Mária T.

2022 European Studies

doi: 10.2478/eustu-2022-0009

SummaryProtection of individual rights arising from EU law is to a great extent in the hands of national courts. Their role is underlined in cases of imperfect implementation of a directive, where individuals are left at mercy of a euro-conform interpretation. Euro-conform interpretation is not limitless, as, for instance, it shall not be contra legem. However, when exactly is the interpretation contra legem, i.e. impossible? This article shows how intricate euro-conform interpretation may be, using the example of Directive 2008/48/EC on consumer credit agreements, a piece of law much discussed by the ECJ in preliminary rulings. Even if the proper way of interpretation is shown by the Supreme Court of a Member State, individuals may still find it difficult, even impossible, to enforce their rights arising from EU law. The aim of this article is to show how the euro-conform interpretation works in practice.

Zorková, Eva

2022 European Studies

doi: 10.2478/eustu-2022-0010

SummaryDue to rapid technological development, the sector of energy law is very specific. In many aspects, energy law is strongly linked to the application of competition law rules. The aim of this paper is to evaluate the terminology used in the Czech Energy Act and its compliance with the terminology used in the Czech Act on the Protection of Competition, as well as its compliance with the EU terminology, namely the REMIT Regulation. Problems may be caused by inconsistencies in the terminology used, for example, when defining the relevant market and subsequently identifying a competitor/an undertaking with a significant market power or when deciding on offenses under the Czech Energy Act.

Kohajda, Michael

2022 European Studies

doi: 10.2478/eustu-2022-0011

SummaryThis article defines the basic kinds of central bank independence as generally accepted by the professional community. Then, for each of the kinds, their content and their fulfilment in the law of the Czech Republic are discussed. Of course, the legal regulation of the Czech National Bank as a central bank of a Member State of the European Union must meet the basic requirements of E.U. law for the independent status of central banks. However, the degree and manner of fulfilling these requirements beyond the basis of E.U. law vary from one Member State to another. The Czech National Bank is endowed with a high degree of independence, partly because of its establishment in the late 1990s. Despite this, some questions relating to its independence remain unanswered. This paper may thus also serve as a source of information for other authors to compare the regulation of the independent status of the central bank of their countries in comparison with the Czech National Bank.

Stehlík, Václav

2022 European Studies

doi: 10.2478/eustu-2022-0012