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Passe-Parole

A bi-monthly brief highlighting 5 EU developments impacting the legal sector and creating opportunities to make a difference with EU lawmakers.
By Fiona Murray, Passerelle
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Issue no. 4     12 December 2018

Welcome to this edition of Passe-Parole. We are sending you this brief because we have had contact in the past or because we believe it will be of value to you in your professional role.

 

At issue...

ECJ ruling on Brexit, impact of Brexit on consumers in retail financial services, EU Council agreement on e-evidence, new Commission action plans on disinformation and on artificial intelligence.
 

1

UK can revoke Brexit, rules European Court

The European Court of Justice (ECJ), on 10 December, ruled that the UK may unilaterally withdraw its notification to leave the EU without having to seek approval from the other EU Member States. The Court clarified that the UK could thus remain in the EU ‘under terms that are unchanged as regards its status as a Member State.’ The ruling will boost remain campaigners’ calls for a second referendum in the UK.

2
Impact of Brexit on consumers in financial services

Brexit will have ‘unfortunate consequences’ for all consumers in the retail financial sector both in the UK and rest of Europe. Despite safeguards by EU and UK in the withdrawal agreement, many consumers would remain unprotected following the UK’s departure. This was one of the key conclusions of a recent workshop with business and consumer representatives hosted by the European Retail Financial Forum (ERFF) with the participation of the European Commission’s Task Force 50. Specific issues raised which could negatively impact consumers included contract continuity, passporting rights and impact on investments and pensions. ERFF, which is managed by Passerelle, will launch an initiative for 2019 on the ‘Consumer Journey in Financial Services’, including a paper and a series of workshops mapping key financial decisions consumers make during a lifetime and the adequacy of corresponding EU policy and legislation.

3

EU Council agrees on sharing e-evidence

On 7 December, EU justice ministers approved a Regulation that will require EU-based tech companies to hand over electronic evidence of suspected criminals to law enforcement authorities across borders without the need for judicial approval in the host country. Member States opposed to the proposal argued that it could be abused by certain European countries that do not respect fundamental rights and the rule of law. Service providers found to be in breach of the regulation could face sanctions of up to 2% of their total worldwide annual turnover.

4

New Commission strategy to tackle fake news

In the run up to the European elections during 2019, on 5 December, the Commission launched an action plan to tackle disinformation and fake news in Europe. The overall aim is to protect democracy and public debate in view of the elections. One of the key elements of the plan is a call for tech companies to step up implementation of a self-regulatory Code of Practice on online disinformation agreed earlier this year. Signatories to the Code, including Google, Facebook, Twitter and others, have agreed to take action in a number of areas such as disrupting advertising revenues of certain accounts that spread disinformation and making political advertising more transparent.

5

Commission launches co-ordinated plan on Artificial Intelligence

On 7 December, the European Commission presented a coordinated plan to promote artificial intelligence in Europe. It targets four priority areas: increasing investment, making more data available, fostering talent and ensuring trust. A number of actions are foreseen over the coming years. These include drafting ethics guidelines for the development and use of AI. A group of experts will prepare a first version of these before the end of 2018.

European Justice Stakeholders Forum news

The 3rd EJSF plenary took place on 6 November 2018. Hosted by Arno Metzler, President Group III (Diversity Group) in the European Economic & Social Committee, the EU institution representing civil society, this year’s discussion was on 'Upholding the EU values in Article 2 TEU - What are they? Why are they important? How can the EU justice sector protect and communicate them to EU citizens?'

The key notes were Vice President of the European Parliament, MEP Heidi Hautala, and Commission Director of fundamental rights and the rule of law, Emmanuel Crabit. Participants included senior representatives from the Vienna-based EU Fundamental Rights Agency and the European Judiciary, as well law firms and academia.
The EU values including democracy, equality, the rule of law and respect for human rights are under threat in Europe and globally. Fuelled by rising populism and protectionism, the independence of the judiciary, freedom of the press, and free and fair elections are being challenged. A key conclusion of the plenary was the important role lawyers and the justice sector can perform in educating young people in schools about the EU values. Lawyers need to speak out. They must stand up, be seen and make others aware of rule of law issues which are undermining democratic trust in Europe.

The European Justice Stakeholders Forum (EJSF) is a high level platform for funded projects, events and campaigns between the legal profession and the EU law and policy makers on major challenges facing the justice sector, the legal profession and the rule of law.

... in closing

“Healthy democracy relies on open, free and fair public debate. It's our duty to protect this space and not allow anybody to spread disinformation that fuels hatred, division, and mistrust in democracy”, Vice President Federica Mogherini on the occasion of launch of the EC Action Plan on disinformation, December 2018
 

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Passerelle is a Brussels-based EU affairs consultancy. We help legal practitioners and professionals, law firms and legal associations to engage constructively with the EU institutions on issues relevant for the profession, thus building lasting and trusted partnerships, influence and reputation in Europe. We are founders of and manage the European Justice Stakeholders Forum.
Passe-Parole is published by Passerelle european public affairs
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