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
Artificial Intelligence become part of many areas of our life, throughout everyday application scenarios. Everyday billions of people interact with Artificial Intelligence enabled technologies,...Show moreArtificial Intelligence become part of many areas of our life, throughout everyday application scenarios. Everyday billions of people interact with Artificial Intelligence enabled technologies, without even realizing it. The aim of the paper is to review and identify how the principles of freedom of speech apply to AI supported technologies and chatbots. To answer this question this paper gives an overview on how AI works, what are the philosophies behind the freedom of speech, and how freedom of speech is applied, and AI technologies are used in social media. To answer the question this paper investigates the question both from an individual, and from social aspects. The individual interpretation is applied also to the AI, treating it as an individual. The social aspect is investigated including the impact of AI technologies behind social media content selection systems. To answer the question this paper investigates how AI technologies can help realizing the values of free speech and whether the existing applications of AI systems in social media content management systems helps or prevents realizing those values.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
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
The influx of irregular migrants in the Mediterranean has become one of the most challenging issues facing the EU today. The EU has an obligation under international law to protect those who are...Show moreThe influx of irregular migrants in the Mediterranean has become one of the most challenging issues facing the EU today. The EU has an obligation under international law to protect those who are not safe in their countries of origin. the issue of protecting those who are in need of the EU’s protection and in turn managing and controlling the EU’s external borders has become highly debated. The question of security in the matter of migration and asylum policy is almost symbiotic. This article examines the issue of security within migration and asylum policy through the Copenhagen School theory of securitization. Through the case study of the Lampedusa tragedy of 2013 the question of whether EU action taken following this tragedy contributes to the securitization of migration and asylum policy is examined.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
This research examines if and to what extent the Bosphorus case and Opinion 2/13 have shifted the applicable jurisdiction away from the ECtHR and towards the CJEU. First, by reviewing the current...Show moreThis research examines if and to what extent the Bosphorus case and Opinion 2/13 have shifted the applicable jurisdiction away from the ECtHR and towards the CJEU. First, by reviewing the current literature on Bosphorus and Opinion 2/13. Second, by analysing on an individual basis if and to what extent both cases have shifted the applicable jurisdiction away from the ECtHR and towards the CJEU. Finally, this research concludes that only the Bosphorus case has shifted the applicable jurisdiction away from the ECtHR and towards the CJEU. Furthermore, this research concludes that with issuing Opinion 2/13, the CJEU made sure that the applicable jurisdiction would remain with the CJEU. The research ends with the observation that the EU is still required to accede to the EU and therefore, the CJEU has to make amends to eventually make it possible for the EU to accede to the ECHR.Show less
The Syrian civil war has been one of the most protracted and severe conflicts in the Middle East in recent decades. Through this conflict, Syria has become the hub in regional conflicts,...Show moreThe Syrian civil war has been one of the most protracted and severe conflicts in the Middle East in recent decades. Through this conflict, Syria has become the hub in regional conflicts, geopolitical strife and sectarian violence. This thesis examines the European Union's response to this complex conflict through a neorealist lens and a detailed discussion of European policy throughout the years.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
In this thesis, I argue that legitimacy is a complex concept to work with. In order to gain some clarity, it is useful to think about the different aspects of legitimacy. The distinction between...Show moreIn this thesis, I argue that legitimacy is a complex concept to work with. In order to gain some clarity, it is useful to think about the different aspects of legitimacy. The distinction between social and formal legitimacy is interesting because it reminds us that legitimacy cannot be captured by simple statements. In relation to the CJEU, Lenaerts has developed a theory of internal and external legitimacy. Especially external legitimacy is important, because that basically defines the limits of what a court should do and what it should not do. These external limits of legitimacy make that courts need to define what exactly the law is. Subsequently, courts need to be aware of those limits and not overstep them. Determining what the limits are, however, is quite difficult because the court needs to balance the different interests of the parties involved. However, if it is done successfully and the court stays within those limits, it has the potential of enjoying social legitimacy as well as formal legitimacy.This thesis applies this framework to the CJEU and it role in the EU and its role in the development of the EU legal order. It shows that the tension between the competences of the Member States and those of the EU is nearly always present and manifests itself in different ways and in different places. In this thesis, I have argued that legitimacy is a complex concept to work with. In order to gain some clarity, it is useful to think about the different aspects of legitimacy. The distinction between social and formal legitimacy is interesting because it reminds us that legitimacy cannot be captured by simple statements. In relation to the CJEU, Lenaerts has developed a theory of internal and external legitimacy. Especially external legitimacy is important, because that basically defines the limits of what a court should do and what it should not do. These external limits of legitimacy make that courts need to define what exactly the law is. Subsequently, courts need to be aware of those limits and not overstep them. Determining what the limits are, however, is quite difficult because the court needs to balance the different interests of the parties involved. However, if it is done successfully and the court stays within those limits, it has the potential of enjoying social legitimacy as well as formal legitimacy. This thesis has applied this framework to the CJEU and it role in the EU and its role in the development of the EU legal order. It has been shown that the tension between the competences of the Member States and those of the EU is nearly always present and manifests itself in different ways and in different places. In this thesis, I have argued that legitimacy is a complex concept to work with. In order to gain some clarity, it is useful to think about the different aspects of legitimacy. The distinction between social and formal legitimacy is interesting because it reminds us that legitimacy cannot be captured by simple statements. In relation to the CJEU, Lenaerts has developed a theory of internal and external legitimacy. Especially external legitimacy is important, because that basically defines the limits of what a court should do and what it should not do. These external limits of legitimacy make that courts need to define what exactly the law is. Subsequently, courts need to be aware of those limits and not overstep them. Determining what the limits are, however, is quite difficult because the court needs to balance the different interests of the parties involved. However, if it is done successfully and the court stays within those limits, it has the potential of enjoying social legitimacy as well as formal legitimacy. This thesis has applied this framework to the CJEU and it role in the EU and its role in the development of the EU legal order. It has been shown that the tension between the competences of the Member States and those of the EU is nearly always present and manifests itself in different ways and in different places. In this thesis, I have argued that legitimacy is a complex concept to work with. In order to gain some clarity, it is useful to think about the different aspects of legitimacy. The distinction between social and formal legitimacy is interesting because it reminds us that legitimacy cannot be captured by simple statements. In relation to the CJEU, Lenaerts has developed a theory of internal and external legitimacy. Especially external legitimacy is important, because that basically defines the limits of what a court should do and what it should not do. These external limits of legitimacy make that courts need to define what exactly the law is. Subsequently, courts need to be aware of those limits and not overstep them. Determining what the limits are, however, is quite difficult because the court needs to balance the different interests of the parties involved. However, if it is done successfully and the court stays within those limits, it has the potential of enjoying social legitimacy as well as formal legitimacy. This thesis has applied this framework to the CJEU and it role in the EU and its role in the development of the EU legal order. It has been shown that the tension between the competences of the Member States and those of the EU is nearly always present and manifests itself in different ways and in different places.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
This Master thesis approaches a central theme for modern societies and democracies: media freedom. The following analysis chooses to scrutinise one specific country’s conceptualisation of this...Show moreThis Master thesis approaches a central theme for modern societies and democracies: media freedom. The following analysis chooses to scrutinise one specific country’s conceptualisation of this principle: France. As this study finds and further demonstrates, the French understanding of media freedom relates to a European conceptualisation; categorised in the consequentialist academic trend. Although grouped with the consequentialists, this thesis however decides to further analyse this arguably utopic view on the French case. Precisely, it is interesting to question France’s almost sacrosanct international image of pays des droits de l’homme. However, by questioning this stance, the thesis does not aim to be outrightly sceptic: instead it questions France’s categorisation in the consequentialist group to either conclude by confirming it, or revoking it. Since this analysis can only be succinctly conducted, researches have justified the choice to focus on the Institutional Act n°2009-257, enacted during Nicolas Sarkozy’s term. Thus, the topic is narrowed down to the French perspective of media freedom as to public broadcasting services (PBS). Although later amended with Law n°2013-1028 of November 15th 2013, the relevance of the 2009 Institutional Act thought to deserve a distinct analysis – due to its ‘uniqueness’ in the French PBS legal landscape. To conduct this analysis, Jan Oster’s theorisation is chosen. Indeed, the legal framework proposed by the academic is believed to allow a thorough scrutiny of this 2009 piece of legislation – and the other provisions attached to it. Specifically, a combined politico-legal analysis of this legal text is to be conducted. It is believed that a political sciences insight could help determine what the legal discipline cannot. Attention should be put on the fact that this study accounts as the first to employ J. Oster’s theoretical and methodological framework, so that no previous model is available. Therefore, this thesis’ attempt to use it is a form of experimentation.Show less
