European Court of Justice
23 Articles
Brexit and National Security
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Growing Divide Between European Governments and Regional Courts on Surveillance
Last week, as he delivered his first report to the UN Human Rights Council, the UN Special Rapporteur on the right to privacy made headlines with his sharp criticism of the United…
The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs
The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
Safe Harbor and Reforming Section 702
Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…
Mass Surveillance and the Right to Privacy: Adding Nuance to the Schrems Case
Last week’s post by Megan Graham is certainly a welcome contribution in explaining the implications of the Max Schrems case by the European Union Court of Justice, and specifically…
Adding Some Nuance on the European Court’s Safe Harbor Decision
Yesterday, the European Court of Justice (ECJ) issued a decision about European data protection laws as they relate to data transfers to the US. While there have been a number…
European Court: U.S. Troops Can Apply for Asylum to Avoid Participating in War Crimes, But …
A US Army soldier loads rockets onto an AH-64 Apache helicopter in Europe. Credit: US Army. On Thursday, the European Court of Justice (ECJ) issued a decision holding that American…
British Government’s “Fast-Track” Surveillance Legislation Proposals
On July 10, Theresa May, the Home Secretary made an oral statement in the House of Commons introducing “fast track legislation” – the Data Retention and Investigatory Powers…
European Court says Data Retention Directive is Invalid
Yesterday, the Grand Chamber of the Court of Justice of the European Union (CJEU) gave a compelling judgment in two joined cases: Case C-293/12 Digital Rights Ireland; Case C-594/12…
CJEU’s Definition of “Internal Armed Conflict:” The Diakité Case
On January 30, the Court of Justice for the European Union discussed the criteria for determining when an internal armed conflict exists, and held that it does not require the…
EU Law Meets a U.S. Army Deserter
A German Court considering the appeal of a U.S. soldier Andre Shepherd who sought asylum in Germany after deserting his Iraq bound unit in 2007, has made a preliminary reference…