This research analyses to what extent the ECtHR treats online hate speech as being protected by freedom of expression. First, by reviewing how the ECtHR interprets the notion of freedom of...Show moreThis research analyses to what extent the ECtHR treats online hate speech as being protected by freedom of expression. First, by reviewing how the ECtHR interprets the notion of freedom of expression. Second, by reviewing the ECtHR’s approach in cases that concern incitement to hatred and freedom of expression. Third, by analysing the case of Delfi and the case of MTE and Index when it comes to liability and fourth, by examining the role of Internet media in the dissemination of hate speech online. Finally, this research concludes that the ECtHR treats online hate speech as being protected by freedom of expression to the extent that the Internet news portal in question can be held liable for user-generated comments without this violating the news portal’s right to freedom of expression.Show less
In 2018, the European Council proposed to establish regional disembarkation arrangements in the Mediterranean with a view to stem irregular migration and prevent loss of life of migrants bound for...Show moreIn 2018, the European Council proposed to establish regional disembarkation arrangements in the Mediterranean with a view to stem irregular migration and prevent loss of life of migrants bound for Europe. The proposal allows for the quick disembarkation of migrants saved in search and rescue missions and the extraterritorial assessment of their claims to international protection. This study employs a doctrinal research method in order to provide a legal analysis on the proposal's compatibility with EU Member States' international human rights obligations. In addition, the assessment puts focus on refugees’ options to obtain legal access to EU Member States’ territory in order to claim international protection as well as the proposal's implications on these options. The study concludes that the European Council's proposal is compatible with EU Member States’ international human rights obligations, but cannot create protected entry procedures for refugees.Show less
This study examines the impact of recently introduced personal data protection legislation of the European Union (EU) on the development of artificial intelligence (AI) in Europe. It compares the...Show moreThis study examines the impact of recently introduced personal data protection legislation of the European Union (EU) on the development of artificial intelligence (AI) in Europe. It compares the competitive position of the EU in relation to the United States (US), which is in many respects the market leader in the field of AI. It finds that the degree of freedom for the collection and handling of personal data by companies working with AI is central for the functioning of machine-learning and deep learning. The wide definition of personal data, as has been constituted by the EU in the Breyer case, has resulted in a wide variance of data being labelled personal data through the EU regulatory scope. Therefore, the legal framework in the EU that deals with nearly all data is the recently implemented General Data Protection Regulation (GDPR), since this is the appropriate framework for personal data. This study finds that the GDPR severely limits the freedom to collect and process personal data on the long-term by companies, most notably through the "right to be forgotten" and the "right to explanation". These rights, deriving from the GDPR, have several negative effects on the ability of European companies to use personal data to develop their AI systems, which negatively affect their competitive position vis-à-vis the US, which still has more relaxed data protection regulation. However, we are starting to see that the European data protection model is being implemented in other jurisdictions. The US has announced the California Consumer Protection Act, which echoes some key provisions from the GDPR, but is still being reviewed by the state of California. Moreover, due to several factors that are discussed in the study and the so-called “Brussel’s effect”, this study finds that it is highly likely that the trend of privacy norms stemming from the GDPR being copied by the US will continue and therefore will ‘level the playing field’ for European and American firms developing AI.Show less
This thesis analyses the European Court of Justice’s (ECJ) development of the right to an individual enforcement of EU law for a path dependence. In a thorough analysis of the origin and further...Show moreThis thesis analyses the European Court of Justice’s (ECJ) development of the right to an individual enforcement of EU law for a path dependence. In a thorough analysis of the origin and further development of this right and an evaluation of the policy context in which it was developed, three major indications for a path dependent development are identified: (i) the introduction of the right to an individual enforcement of EU law in Van Gend en Loos (VGL) is found to have served as a critical juncture which influenced the subsequent development in a path-defining manner, (ii) the ECJ’s subsequent case-law development of the right is found to have been charaterised by decision-making patterns conforming the original decision in VGL, and (iii) the policy context in which the right was developed is found to have been defined by conditions increasing the likelihood of a path dependence. Finally, this thesis underlines the implications such a path dependent development of case-law has for the ECJ’s case-law itself, its analysis and for EU policy-making on the whole.Show less
This thesis explores the European Union’s rhetoric in the field of ethical AI by aiming to pin their discourse to mainstream normative ethical theories. The literature review supplies a deep...Show moreThis thesis explores the European Union’s rhetoric in the field of ethical AI by aiming to pin their discourse to mainstream normative ethical theories. The literature review supplies a deep insight into the current discussions on-going in AI, as well as its sub-fields. This is followed by a critical analysis into ethics and AI and why there is a necessity for ethical considerations when using AI. A synopsis of the EU’s current position is explored prior to delving into the methodological decisions made in the cadre of this thesis. A document analysis of qualitative secondary data permits an analysis into two key documents: The AI High-Level Expert Group’s ethical guidelines, as well as an official European Commission communiqué on said guidelines. Finally, the normative theories introduced in the literature review act as a framework for analysing and evaluating the EU’s early AI rhetoric, in order to arrive at my conclusions in section 6.0. In doing so, this thesis aims to comprehend the EU’s ethical strategy for ethical AI.Show less
On regular bases, the Court of Justice of the European Union has been accused of being activist. However, the very nature of the European Union and the great complexity and diversity of the...Show moreOn regular bases, the Court of Justice of the European Union has been accused of being activist. However, the very nature of the European Union and the great complexity and diversity of the European Court of Justice’s case law imply that judicial activism in itself may mean different things. First used and widespread in the United States, the term was rapidly taken for granted and applied to the Court of Justice of the European Union. Yet, the notion of judicial activism has been extensively used by scholars and judges but its meaning has become more and more ambiguous. As American Judge Frank H. Easterbrook already put in 2002 “Everyone scorns judicial “activism”, that notoriously slippery term” (2002: 1402). In fact, too often employed to explain a number of different, even contradictory, concepts, it has become increasingly risky to use it. This thesis does neither aim to provide a single and specific definition of the notion of judicial activism nor to bring a completely new approach to the term. Its purpose is rather to collect a wide body of scholarship, to gather the most top-cited theories, to link them to case law and other literature. Then, the objective is to create a typology of judicial activism to make it easier for the reader to understand and for the scholars to convey their theories more adequately.Show less
The European Court of Justice (ECJ) has been accused of being a judicially activist court in cases such as Van Gend en Loos and Costa v. ENEL. This behaviour has been studied extensively by...Show moreThe European Court of Justice (ECJ) has been accused of being a judicially activist court in cases such as Van Gend en Loos and Costa v. ENEL. This behaviour has been studied extensively by scholars. In recent years, the ECJ has made decisions in the area of Justice and Home Affairs. This thesis looks at the question: to what extent the court has acted in a judicially activist manner in this area through the analysis of three cases: Opinion 2/13, Melloni and Metock. A further aim of this thesis is to determine if certain methods have been used by the court to make its judicially activist behaviour acceptable to member states.Show less
On 18 March 2016, the EU – Turkey Statement was conducted by the heads of states or governments of the EU and Ahmed Davutoğlu, Turkish minister of foreign affairs, with the aim to control irregular...Show moreOn 18 March 2016, the EU – Turkey Statement was conducted by the heads of states or governments of the EU and Ahmed Davutoğlu, Turkish minister of foreign affairs, with the aim to control irregular migration from the Aegean Sea towards the European Union. Yet, concerns have been raised regarding the compliance of the EU – Turkey Statement with human rights. Human rights have to be respected in the EU member states as well as in Turkey. When Turkey does not respect these rights, it cannot be considered as safe. As long as Turkey cannot be considered as a safe third country, the EU – Turkey Statement will violate the law of the European Union. This would not only have consequences for the current Statement, but also for similar statements conducted in the near future in which the EU – Turkey Statement might serve as a blueprint for human rights violations. To that end, the aim of this thesis is to examine the compatibility of the EU – Turkey Statement with international and European law, based on human dignity, the right to asylum, the principle of non-refoulement and the assumption of Turkey as a safe third country. The legal examination resulted in the main findings that the EU – Turkey Statement shows malfunctions on the upholding of human rights in the European Union and that Turkey cannot be considered as a safe third country. This because Turkey is part of the Geneva Convention with geographical limitation, the absence for non-Europeans to be granted with asylum in Turkey, a history of violations concerning the non-refoulement principle and serious concerns for inhuman or degrading treatment. In other words, the EU – Turkey Statement is not in accordance with European law and does not safeguard human rights.Show less
This thesis aims to explore the link between the individual and the social structures to which they belong. By exploring the subject of Solidarity as a word and a concept used by politicians of...Show moreThis thesis aims to explore the link between the individual and the social structures to which they belong. By exploring the subject of Solidarity as a word and a concept used by politicians of both persuasions and cemented in various legal systems, we aim to form an understanding of difficulties which may emerge from structures both physically and organizationally distant from the individual.Show less
In 2009 the European Union introduced the Lisbon Treaty. One of the changes this brought about was the introduction of a permanent president of the European Council. With this transformation the...Show moreIn 2009 the European Union introduced the Lisbon Treaty. One of the changes this brought about was the introduction of a permanent president of the European Council. With this transformation the former EU presidency no longer exists and this thesis investigates the implications of this change. This is done by specifically looking at the national interests discussed in the European Council. Before the Lisbon Treaty Member States were able to influence the European Council by pushing their national interests, but based on the new institutional settings of the permanent presidency, this seemed after Lisbon more unlikely. An analysis of nine rotating presidencies of the Council of the European Union after Lisbon has been made and compared to the respective European Council conclusions of that period. The results show that in fact national interests have been discussed in the European Council. Nevertheless, only a third of all national interests has been discussed. On the other hand, the analyses also reveal that on average the discussed national interests in the European Council have significant similarity with the national interests of the Member States. Furthermore, the analysis brought also forward that certain national interests that seem not significant for the European Council have been discussed in the European Council, which could indicate that Member States can still push their national interests. In conclusion, national interests were discussed only to a low extent in the European Council, answering the research question of this thesis: to what extent are national interests of Member States presiding over the Council of the European Union discussed during European Council meetings?Show less
Vulnerabilities in information systems have always been the Achilles heel of digital security. Ransomware-campaigns such as WannaCry and (Not)Petya highlighted the global and multidimensional...Show moreVulnerabilities in information systems have always been the Achilles heel of digital security. Ransomware-campaigns such as WannaCry and (Not)Petya highlighted the global and multidimensional nature of vulnerabilities and showed how substantial the impact of these could be for many aspects of the daily life. Vulnerability disclosure is a valuable instrument to report and solve these vulnerabilities to increase the security of information systems and prevent such events from happening. However, EU’s legal landscape for vulnerability disclosure is fragmented, and vulnerability researchers have to deal with legal uncertainty. Therefore, this thesis focuses on how the EU can increase the resilience of its cyber ecosystem through stimulating vulnerability disclosure. The purpose of this study will be to describe the different policy instruments the EU may use to stimulate coordinated vulnerability disclosure and prescribe which ones would be most valuable for increasing the EU’s cyber resilience. Coordinated vulnerability disclosure refers to the approach of disclosing vulnerabilities in the security of information systems in a controlled and responsible manner. This thesis will combine an analysis of primary and secondary sources – using technical and non-technical perspectives to bring these two worlds closer together to develop effective cybersecurity policies. To provide a deeper understanding of how the EU could construct a resilient cyber ecosystem: insight on cybersecurity, the resilience of ecosystems and security governance will be combined. Concluding, it is recommended that the EU uses a mix of regulatory instruments making optimal use of the expertise of the private sector to stimulate coordinated vulnerability disclosure. The outcomes are timely because in September 2017 a new EU Cyberstrategy will be presented.Show less
The relationship between the Netherlands’ state policy and migrants in an irregular situation is mediated by international and EU conventions, agreements and Directives. This study will suggest...Show moreThe relationship between the Netherlands’ state policy and migrants in an irregular situation is mediated by international and EU conventions, agreements and Directives. This study will suggest that victims’ protection safeguards are not fully in place, especially for undocumented migrants. This research provides an overview of the provisions for the protection of the basic human rights of undocumented migrants in particular, as the most vulnerable group of migrants. The study suggests that the effectiveness of legal protection provisions depends on how these provisions are formulated and also on their practical application in specific cases. Recognition of undocumented people’s rights includes the important issue, which is focused on in this study, of the undocumented as victims of criminal forms of labor exploitation. Therefore this research focuses on the implementation of these safeguards through the study of three cases of three undocumented Indonesian migrants in the Netherlands in attaining their rights and protection as victims of labor exploitation. Being undocumented has put them in a precarious situation when it comes to reporting crime to the police, and then accessing justice for prosecution and reparations. A related study has been conducted by the EU Agency for Fundamental Rights on labor exploitation in EU member states more generally. However, this study seeks to fill a gap in empirical studies by interviewing and reporting on, and analyzing the accounts of Indonesian undocumented migrants in particular, about their experiences in relation to crimes of labor exploitation in the case of the Netherlands. This is the knowledge gap this research seeks to address. The study’s findings tend to confirm the view that irregular migrants can be understood both as victims of labor exploitation crimes, and as agents seeking justice within the provisions of what is possible, given the priority of the Dutch authorities with protection of the national territory and labor market from ‘unauthorized migrants’.Show less
This paper locates sexuality/ies within the field of International Relations by identifying how the latter shapes and is shaped by sexualities. Through the empirical application of the concept of ...Show moreThis paper locates sexuality/ies within the field of International Relations by identifying how the latter shapes and is shaped by sexualities. Through the empirical application of the concept of ‘Ethical Power Europe’ to the 2016 EU-Turkey Statement, and the analysis of Turkish ‘conservative democracy’ and 'traditional social life', it analyses the consequences for sexual minorities in Turkey. The use of Queer International Relations allows for the realisation of Turkey as an ‘unsafe haven’ and of how figurations of LGBTIQ asylum-seekers/refugees are less protected there. In contrast, this reflects on the concepts of ethics and universalism implied in ‘Ethical Power Europe’, and the EU's level of protection of sexual minorities.Show less
This thesis seeks to explore the topic of religiously offensive cartoons, taking the attack on Charlie Hebdo in January 2015 as a starting point. After applying the legal framework and different...Show moreThis thesis seeks to explore the topic of religiously offensive cartoons, taking the attack on Charlie Hebdo in January 2015 as a starting point. After applying the legal framework and different legal philosophical justifications for free speech to the Charlie Hebdo cartoons, the analysis will take a closer look at a similar controversy in Denmark. As in the Danish cartoon controversy, analysing the broader socio-political context can provide a deeper understanding of the root causes of the protests following the attack. Drawing on critical discourse analysis this thesis investigates the question to what extend the public discourse on free speech in France after the attack on Charlie Hebdo and the role of French Muslims in this debate reflect power relations within the French society. Such power relations indeed manifest themselves in this discourse as it was the official side who started the discourse and had the power to chose wording, meaning of concepts, the topoi and to define ingroups and outgroups. Societal inequalities can also be noticed through participation and representation of French Muslisms and their interaction to the other groups present in the discourse.Show less
Data transfers are done on a global scale and are impervious to man-made geographical borders. Attempts to regulate them may therefore lead to jurisdictional overlaps. This paper focuses on the EU...Show moreData transfers are done on a global scale and are impervious to man-made geographical borders. Attempts to regulate them may therefore lead to jurisdictional overlaps. This paper focuses on the EU using its power to change standards abroad. This is done in light of the Normative Power Europe concept. This concept is a particular perspective on the EU’s international role and its influence on affairs beyond its borders. From this perspective, the EU promotes and spreads its norms to third countries or other external entities. When it comes to privacy and data protection standards, the EU seems to be doing exactly this. This paper is an attempt to anchor EU privacy policy in the broader theoretical context of Normative Power Europe, developing a subset concept: Privacy Power Europe. This entails the construction of a Privacy Power Europe ideal type, having various characteristic features. The paper then continues with an extensive evaluation whether the EU in its current form and actions in fact shows these characteristic features. The question is asked whether the EU is a normative power in the area of privacy and data protection.Show less
