UNIO – EU Law Journal 2019-12-02T14:35:19+00:00 Alessandra Silveira Open Journal Systems <p style="text-align: justify;">UNIO’s calls for papers are published on this website.</p> Editorial 2019-12-02T14:35:19+00:00 The Editorial Team 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## Digital Single Market: electronic commerce and collaborative economy 2019-12-02T14:35:19+00:00 Piedade Costa de Oliveira <p>The so-called collaborative economy is developing in a wide variety of sectors. The aim of the present Article is to outline and analyse the way EU regulation applies or may apply to the collaborative economy, in particular, the e-Commerce Directive, in light of the recent case-law of the Court of Justice.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## Electronic commerce and the fashion industry: new challenges for competition law coming from the Digital Single Market 2019-12-02T14:35:19+00:00 Caterina Fratea <p>Digital technology has changed our markets to an extent last seen during the industrial revolution and electronic commerce has been growing steadily over the last decade. This paper intends to assess how the development of online sales has affected market strategies and the application of competition law, with a particular focus on the selective distribution agreements within the fashion industry. Secondly, the case law of the Court of Justice of the European Union is analysed in order to show how certain new contractual clauses, that have become frequent in the digital commercial landscape, require competition rules to be read under a new lens. The final part is dedicated to the recent Geo-blocking Regulation which represents one the most significant measures within the Digital Single Market, highlighting both its coordination with antitrust provisions and its application when competition law does not apply.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## Directive on certain aspects concerning contracts for the supply of digital content and digital services & the EU data protection legal framework: are worlds colliding? 2019-12-02T14:35:19+00:00 Maria de Almeida Alves <p>This Paper will address the interplay between the Directive on certain aspects concerning contracts for the supply of digital content and digital services and the current EU data protection framework, namely the General Data Protection Regulation. Albeit the Directive has the aim of protecting consumers, has it gone too far and made a crack in the data protection EU legal framework? Can personal data be treated as a commodity or is its scope as a counter-performance subject to a particular interpretation? I shall analyze these questions in light of the European Data Protection Supervisor’s Opinion 4/2017 and the European Data Protection Board’s Guidelines 2/2019.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## Online legal platforms – the beginning of the 4.0 law practice? 2019-12-02T14:35:19+00:00 Pedro Petiz Viana <p>The 4.0 revolution has reached the legal services industry. New online platforms are emerging to connect clients and lawyers, while also providing new and innovative legal services. Nonetheless, several questions arise regarding these new businesses: How do they fare under the Portuguese regulatory framework? Is there a need for legislative reform? And how are Bar Associations dealing with this new reality? In order to answer these questions, we analyze the characteristics of online legal platforms and their compliance with the statutes of the Portuguese Bar Association and National Law. Secondly, we examine the prohibition by the Portuguese Bar Association of online intermediation platforms, taking into consideration the ECJ’s case law related to professional orders and the EU’s competition law. Thirdly, we study the national legal framework of legal services in light of OECD’s Competition Assessment Review of Portugal. Lastly, we present the recent project by the Portuguese Competition Authority and note its similarities with the ECJ’s case law.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## Digital democracy: from status activus digitalis to disinformation – towards a new wave of judicialization of politics? 2019-12-02T14:35:19+00:00 Mônia Clarissa Hennig Leal <p>This Article intends to develop the notion of status activus digitalis as a fundamental legal condition of the individual in times of digital democracy. Participation in procedures and deliberation (status activus processualis) appears as a central element of democracy, a context in which access to information plays a strategic role. In this scenario, the digital environment enhances this participation (status activus digtialis), while the use of fake news affects this information and, consequently, the public debate, representing a real (not fake!) threat to democracy.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## Artificial intelligence, Digital Single Market and the proposal of a right to fair and reasonable inferences: a legal issue between ethics and techniques 2019-12-02T14:35:18+00:00 Alexandre Veronese Alessandra Silveira Amanda Nunes Lopes Espiñeira Lemos <p>The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## The protection of personal data in the field of judicial cooperation in criminal matters: special reference to Directive (EU) 2016/680 of the European Parliament and of the Council 2019-12-02T14:35:18+00:00 Maria Belén Sánchez Domingo <p>The new European framework for the protection of personal data on freedom, security and justice is embodied, among other instruments, in EU Directive 2016/680 on the protection of natural persons with regards to the processing of personal data by competent authorities for criminal law purposes. This Directive protects fundamental rights, such as the right to the protection of personal data, as well as ensuring a high level of public security by facilitating the exchange of personal data between competent authorities within the Union, with the establishment of a legal system on the transfer of personal data.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## You can’t have your cake and eat it too: Portugal and the self-determination of Western Sahara 2019-12-02T14:35:18+00:00 Francisco Pereira Coutinho <p>Western Sahara self-determination posits a conundrum to Portuguese foreign policy. Moral and legal imperatives which stem from the relentless efforts taken in the 80’s and the 90’s advocating in international fora the self-determination of East Timor impel the pursuit of an idealistic diplomacy of unconditional support for the akin self-determination of Western Sahara. Political, strategic, economic, historical and cultural ties dictate a realpolitik aimed at fostering diplomatic relations with Morocco without shunning Algeria, another key stakeholder in the Maghreb region. These constraints motivated the adoption of an impartial and equidistant position towards the Western Sahara conflict. This strategy was exposed after the Court of Justice ceased in Front Polisario, the de facto application of the EU/Morocco agreements in Western Sahara. Notwithstanding multiple pledges to the contrary, the Portuguese Government picked Morocco’s side in the conflict by lodging written interventions aimed at neutralizing the Court of Justice of the EU, and by approving Council decisions that expressly extend EU/Morocco agreements to Western Sahara in breach of EU and international law.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## Recent developments of interoperability in the EU Area of Freedom, Security and Justice: Regulations (EU) 2019/817 and 2019/818 2019-12-02T14:35:18+00:00 Alexandre Au-Yong Oliveira <p>Regulation 2019/817 and Regulation 2019/818 establish a framework for the interoperability between EU large scale information systems in the Area of Freedom, Security, and Justice. The new rules on interoperability aim at providing easier information sharing and to improve security in the EU, while safeguarding fundamental rights. This presupposes that the data is fully trustworthy and only accessed in legitimate ways. Due to the nature of the data, especially biometric data, and the scale of the databases, security is an obvious concern. These problems imply a high level of trust between the Member States, persons and entities that will use the information systems. Trust between Member States is not an axiom in the present context of the EU as recent CJEU decisions reveal and imply, among other aspects, a common institutional background.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement## Obtaining digital evidence in the global world 2019-12-02T14:35:18+00:00 Pedro Verdelho <p>Gathering evidence in criminal proceedings is becoming more complicated each day. Cases are no longer merely national in nature. Nowadays most of the cases require obtaining evidence from global Internet service providers. This means that evidence from a crime may be found anywhere. The Budapest Convention addresses this issue, in Article 32, allowing the competent authorities of a State Party to seek data in another’s Party territory, in limited circumstances. The Portuguese law goes beyond those limited cases, allowing Portuguese authorities to extend searches beyond the physical and political borders of Portugal, no matter where the data may physically be stored. The drafting process of a Second Additional Protocol to the Budapest Convention is currently ongoing. It is expected that this exercise will allow State Parties to the Budapest Convention to seek an agreement on a number of issues regarding obtaining evidence from the cloud, such as loss of location, or transborder searches, or direct cooperation with providers in other jurisdictions, amongst others.</p> 2019-07-02T00:00:00+00:00 ##submission.copyrightStatement##