UNIO – EU Law Journal

Consequences of the case Associação Sindical dos Juízes Portugueses (Portuguese Judges): reasons why the CJEU assumes oversight of national judicial power

Juan Gálvez Galisteo — Thu, 09 Oct 2025 00:00:00 +0000

In this article, the author seeks to explain some of the reasons why the judicial power of Member States has taken on increasing centrality in the European institutional architecture, as well as examining the extent to which national judicial powers are under the control of the Court of Justice of the European Union, to the point of justifying enhanced scrutiny of the “health” and internal balance of national judicial systems.

Sequelas do processo Associação Sindical dos Juízes Portugueses (Portuguese Judges): motivos pelos quais o TJUE assume o controlo dos poderes judiciais nacionais

Juan Gálvez Galisteo — Thu, 09 Oct 2025 00:00:00 +0000

Neste artigo o autor procura expor alguns dos motivos pelos quais o poder judicial dos Estados-Membros tem assumido centralidade crescente na arquitetura institucional europeia, além de escrutinar em que medida os poderes judiciais nacionais encontram-se sob o controlo do Tribunal de Justiça da União Europeia, a ponto de justificar um escrutínio reforçado sobre a “saúde” e o equilíbrio interno dos aparelhos jurisdicionais nacionais.

Smile for the camera: sharenting and the tension between parental rights and children’s freedoms

Mariana Coelho — Thu, 09 Oct 2025 00:00:00 +0000

This report examines the phenomenon of sharenting – the practice of guardians sharing their children’s personal information and images online – through both an ethical and legal perspective, with a focus on European Union law. It explores the motivations behind sharenting, its associated risks for children’s privacy, safety, and psychological well-being, and the distinction between commercial and non-commercial cases of sharenting. The analysis addresses the current regulatory landscape, including the UN Convention on the Rights of the Child (CRC) and the General Data Protection Regulation (GDPR), assessing the applicability of provisions such as Article 17 (“right to be forgotten”). Comparative examples, notably France’s recent legislation, illustrate national-level responses. The report concludes by advocating for a combination of legislative reform, educational initiatives for parents and children, and technological safeguards to better protect children’s digital identities in an evolving online environment.

Enforcing trade and sustainable development provisions in the EU’s agreements with third countries: towards an implied duty?

Serhii Lashyn — Thu, 09 Oct 2025 00:00:00 +0000

The provisions on trade and sustainable development in the EU’s trade agreements with third countries are understood to be largely political and their enforcement by the Union is, therefore, considered discretionary. The article revisits this long-established doctrine and demonstrates why it is not only detrimental to achieving sustainable development objectives, but also legally outdated. Building upon the analysis of the post-Lisbon architecture of EU law in general and Opinion 2/15 of the Court of Justice in particular, this contribution demonstrates that there might be an implied duty of the Union to enforce the provisions on trade and sustainable development found in the EU’s agreements with third countries. This article theorises this implied duty chiefly by means of teleological interpretation of the primary law of the Union but also based on the growing role of trade and sustainable development commitments in the EU’s trade agreements, and some notable novelties found in those recently concluded. The piece also looks into the content of this duty, the possible consequences it might entail, and how it fits into the broader picture of the EU’s attitude towards trade and sustainable development.

Biometric technologies and the law: developing a taxonomy for guiding policymakers

Luís Felipe Ramos — Mon, 20 Oct 2025 00:00:00 +0000

Despite the increasing adoption of biometric technologies, their regulation has not kept up with the same pace, particularly with regard to safeguarding individuals’ privacy and personal data. Policymakers may struggle to comprehend the technology behind biometric systems and their potential impact on fundamental rights, resulting in insufficient or inadequate legal regulation. This study seeks to bridge this gap by proposing a taxonomy of biometric technologies that can aid in their effective deployment and supervision. Through a literature review, the technical characteristics of biometric systems were identified and categorised. The resulting taxonomy can enhance the understanding of biometric technologies and facilitate the development of regulation that prioritises privacy and personal data protection.

Beyond Mars and Venus? Approaches to space commercialisation in contemporary transatlantic relations

Bruno Reynaud de Sousa — Tue, 25 Nov 2025 00:00:00 +0000

This article explores how transatlantic tensions are transforming outer space, contrasting US commercial dominance with the EU’s regulatory, risk-averse approach. In the third space age, the US leadership in reusability, mega-constellations, and contracts has led to asymmetric dependence: European payloads launch on US rockets, European users rely on US LEO connectivity, and crisis management depends on US-owned space systems. Europe’s response focuses on regulatory power rather than pure disruption amid a fragmented capital market, encumbered innovation and limited launch capacity. The article assesses the EU Space Act as a means of consolidating the Union’s internal market and setting external standards. Its key regulatory measures – mandatory trackability, debris-mitigation plans, cybersecurity risk management, and life-cycle assessment – aim to embed sustainability into licensing, reflecting a Brussels-effect strategy. A transatlantic divide could be imminent: if US companies continue prioritising a first-mover strategy based on speed and scale, while Europe increases its focus on prescriptive safeguards, divergence will intensify. The EU might face higher costs, more complex access to US-provided space services, and increased trade tensions. Security considerations further entwine the commercial and strategic dimensions. Ultimately, regulation alone cannot bridge Europe’s capability gap, a challenge that requires patient capital, the capacity to absorb it, and the ability to scale the market at speed.

Defending the rule of law in the European Union: legal and political approaches

Gonçalo Martins de Matos — Tue, 25 Nov 2025 00:00:00 +0000

In the context of rule of law backsliding, EU institutions and Member States have been taking action to defend this fundamental common value against the challenges it is facing, especially in certain Member States. Their action involves both legal and political approaches aimed at covering every aspect of the defence needed to safeguard and strengthen the rule of law, ranging from dialogues at Union and state levels to sanctioning mechanisms that tackle directly the immediate threats posed by illiberal governments and governmental practices.