The EU-Turkey Agreement of March 2016 was concluded by the EU Member States and not by the EU itself. This work tests what that fact says about the validity of the theory of Normative Power Europe...Show moreThe EU-Turkey Agreement of March 2016 was concluded by the EU Member States and not by the EU itself. This work tests what that fact says about the validity of the theory of Normative Power Europe by using an interdisciplinary approach of historical, political, sociatal and legal narratives of the EU-Turkey Agreement.Show less
By conducting socio-legal research comprised of an internal legal doctrinal approach and an external moral approach, this thesis analyses the extent to which the EU is obligated to enact...Show moreBy conducting socio-legal research comprised of an internal legal doctrinal approach and an external moral approach, this thesis analyses the extent to which the EU is obligated to enact legislation on the recognition of same-sex legal relationships from a legal and moral dimension. The internal legal doctrinal approach locates and analyses the ECtHR’s case law and explicates three legal doctrines demonstrating the ECtHR’s interpretive ethic. This thesis will use the necessary flexibility provided by the legal doctrines to develop and improve the interpretation of the ECHR in order to safeguard the universal enjoyment of the right to respect for family life under Article 8 of the ECHR. The external moral approach illustrates the underlying heteronormative structures of society and the institutionalised system of law within the frameworks of constructivism and queer theory. Following the internal legal doctrinal and external moral approach, this thesis shows discrepancies between law in theory and law in practice and presents reconstructive recommendations in line with legal and social reality to solve these discrepancies. It provides compelling arguments and justifiable means for the ECtHR to broaden the notion of family life within the meaning of Article 8 to include marital same-sex legal relationships, thereby extending the positive obligation flowing from Article 8 with the aim of improving the substantive rights of same-sex couples in the EU and to safeguard the universal enjoyment of Article 8.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
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
