European Court of Justice

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Human Rights Regulation in the Tech Sector? The European Court of Justice’s Facebook Decision and California’s AB5 Gig Economy Bill

BigTech may well be the new BigPharma where local, national, or regional human rights-based litigation and human rights-based regulation is concerned.  While the recent exchanges between US presidential candidate Senator Elizabeth Warren and Facebook's Mark Zuckerberg signal a looming antitrust showdown, recent regional judicial and local legislative developments concretely demonstrate the human rights-based trajectory of future tech regulation.  Both the 3 October 2019 Judgment of the European Court of Justice in Eva Glawischnig-Piesczek v. Facebook Ireland Limited (hereafter, 'ECJ Facebook Judgment', see reported summaries of this Judgment here, here, here, and here),and the recent passage of California's new law (based on Assembly Bill 5 and taking effect in January 2020) - which limits the use of independent contractors on which the business models of the "gig economy" are based - significantly demonstrate that the freewheeling, thinly-regulated, and largely-unrestrained era of "creative freedom" and "digital disruption" for tech companies and online platforms may well be over.  What is most interesting from these recent developments…

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Brexit Means Brexit: Does It so When It Comes to EU Citizenship?

Following a dramatic referendum, the United Kingdom triggered Art. 50 of the TEU in March 2017 officially commencing its withdrawal from the EU. At first glance, one of the many consequences of the move is the loss of EU citizenship for all British citizens as they will no longer be ‘holding the nationality of a Member State’…

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Achmea: The principle of autonomy and its implications for intra and extra-EU BITs

On 6 March 2018, the CJEU issued its judgment in Case C-284/16 Achmea, where it opined that intra-EU BITs and in particular their ISDS provisions are incompatible with the principle of autonomy of EU law. In a rather brief judgment, the Court found the ISDS provision under the Netherlands-Slovakia BIT has an adverse effect on the autonomy…

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Je Suis Achbita!

Achbita, decided in March 2017 is not a run of the mill case. It raised what I think are hugely difficult conceptual legal issues. It also comes at a delicate moment in the social and political life of Europe, where the Court of Justice of the European Union is an important actor in shaping the climate and defining…

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Western Sahara before the CJEU

Just a quick heads-up to our readers that yesterday Advocate General Wathelet of the Court of Justice of the EU delivered his opinion in Case C‑266/16, Western Sahara Campaign UK, The Queen v Commissioners for Her Majesty’s Revenue and Customs, Secretary of State for  Environment, Food and Rural Affairs. This is a very important opinion,…

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