Contextualizing Brexit

By Dr. Agustín Parise

 

The European Union (EU) faces challenges after the results of the United Kingdom (UK) European Union membership referendum that was held on June 23, 2016. Yet, Brexit is not the first challenge faced by the EU. Three points invite for reflection on Brexit and the future of the EU.

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Access to Justice: A Driver for the Sustainable Development Goals

By Dr. Julieta Marotta, Deputy Academic Director, MPP, UNU-MERIT/MGSoG

 

The right to access to justice is a fundamental driver to ensure the achievement of the Sustainable Development Goals (SDG). Why? Because, by guaranteeing access to justice for all, we ensure democratic participation and mechanisms of accountability. Hence, policy makers should pay attention to access to justice.

Access to justice is the vehicle through which other rights are conveyed, as correctly stated by Ricardo Lorenzetti. The global community agreed to consider access to justice as a fundamental right when it was incorporated in the global agenda. Hence, with SDG 16 society agreed to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.”

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ECHR on Hidden Cameras on the Workfloor: Two Interferences with Art. 8 ECHR

(Case of Lópex Ribalda and others v.s Spain, ECtHR 09 January 2018 appl. 1874/13 and 8567/13 and Case of Antovic and Mirkovic v. Montenegro, EctHR 28 November 2017, 70838/13)

Recently the European Court of Human Right (ECtHR) decided on two separate cases of hidden cameras on the workfloor. In the first case, the University of Montenegro decided to place cameras in the classrooms, vexing several professors. The second case was about a Spanish supermarket which placed hidden cameras to prevent theft among employees. These cameras proved to be very effective, six employees where caught. However, the hidden cameras are also unlawful, according to the ECHR. In this article, these cases will be briefly discussed as well as their influence on the Dutch law.

The professors and supermarket employees: an outline of the cases

So, the first case regards the University of Montenegro. The dean of this university decided to place cameras in the classrooms, supposedly to protect the property of the university. According to the dean, there were cases of damaged property, drinking in the classrooms and even animals were taken inside the classrooms.Apparently, the professors were not amused by the camera surveillance. According to them, there is absolutely no reason for camera surveillance. After all, the classrooms are always closed outside class hours and only contained some old chairs and tables, which are bolted to the floor. Basically, according to them, it is almost impossible to damage any university property. The local data protection authority (DPA)  interfered on request of the professors. The DPA ordered the university subsequently to remove the cameras. It took the University more than a year after that order to remove the cameras. This led the professors to file for damages, which case was ultimately brought before the ECtHR. 

Apparently, not only deans lie awake at night because of stolen or damaged property. This is also a serious problem for Spanish supermarket entrepreneurs. This supermarket entrepreneur had to deal with a monthly cash deficit of up to € 25.000,-. Obviously, he suspected that his employees had something to do with that. So he decided to place hidden cameras above the checkouts. Obviously without telling his employees beforehand. The cameras proved to be very successful. Six employees were caught and fired. In the dismissal proceedings, the employees argued that their privacy was infringed because of the hidden cameras. Spanish data protection law requires subjects to be always informed of the processing of personal data beforehand. As the supermarket entrepreneur did not inform his employees beforehand, he acted against the law. The Spanish courts, however, agreed that the entrepreneur acted against the law by not informing his employees beforehand, but as the entrepreneur faced serious theft in his company, he was allowed to do so. So, the dismissal held before the Spanish court. The employees, therefore, went to the ECtHR to collect damages.

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The Land Portal Foundation Partners Up with Maastricht University for Student Research Project on Land Governance

Press release

Research education is one of Maastricht University’s CORE values: to take the university social responsibility seriously by linking the university to society, from the local to the global level, and to do so by creating open access knowledge which can further strengthen connections with society. One of the educational projects in the current academic year that aims to meet these goals is the collaboration between the Faculty of Law’s Skills: Introduction to Comparative Law course and the Land Portal Foundation. After establishing the platform in 2009 as a partnership project dedicated to supporting the efforts of the rural poor to gain equitable access to land by addressing the fragmentation of information resources on land, the Land Portal eventually became an independent non-for-profit organization, based in the Netherlands in 2014. Through a variety of initiatives and partnerships, the Land Portal works to create a better information ecosystem for land governance through a platform based on cutting-edge open data technologies. According to professor Leon Verstappen (University of Groningen), the chairman and founder of the Foundation:

‘The Land Portal is world leading in providing access to information and data on land issues. We adhere to linked open data principles. We dig deep into countries to find and open up information on land.’

The Foundation has recently received a new £1.3 million subsidy from the Department for International Development of the British Government.

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Consumentenkoop 2016 (TvC 2018) – available in Dutch

Deze kroniek geeft een overzicht van de belangrijkste tendensen in de rechtspraak betreffende de consumentenkoop tijdens het jaar 2016. In de eerste plaats wordt het arrest Wathelet van het Hof van Justitie besproken. Vervolgens wordt ingegaan op de Nederlandse rechtspraak met betrekking tot de beoordeling van de conformiteit van tweedehandsauto’s en van huisdieren, inmiddels traditionele topics in de kroniek Consumentenkoop. Er wordt ook stilgestaan bij de ontbindingssanctie en de taakverdeling tussen de rechter en de partijen in het proces. Totslot volgt een korte update over de stand van zaken met betrekking tot de richtlijnvoorstellen betreffende de online en andere verkoop op afstand van goederen en de levering van digitale inhoud.

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You Don’t Need to Be a Superhero to Be in the Justice League: Rethinking Justice Hackathon (3-4 March 2018, Brightlands Smart Services Campus)

Making the world a better place is easier said than done. Ours is a shared world: citizens, businesses, states and institutions all face the same risks and challenges, and so there is a constant need for society to innovate – to find better ways of doing things. Ideally, this can be done in order to bring about more justice in the world. What we mean by justice is simply more fairness, in the way in which citizens, civil society, businesses and public institutions interact with one another. While thinking about broad theme has its advantages, we want to create a nurturing environment and mindset where someone with an idea can go ahead and do something about it. This is how the Rethinking Justice Hackathon came to life: students, staff and alumni from Maastricht University, as well as friends from industry, coming together in a 24-hour hackathon to celebrate free thinking and enthusiastic doing.

As one of the youngest Dutch universities, Maastricht’s pedagogy has always stood out because of its Problem-Based Learning (PBL) approach: departing from real-life problems and learning by doing, either through independent inquiry or group collaboration. For this reason, we consider hackathons and PBL to be a match made in heaven: creativity, leadership, perseverance, empathy, communication – all of these 21st century skills that are so central to modern work experiences have friendly roots in the pedagogical concepts of Maastricht University education.

Organized by the independent law & tech community Technolawgeeks with the support of Maastricht University and the Brightlands Smart Services Campus, the hackathon celebrated rethinking justice in four different challenges: The Hague Institute for the Innovation of Law (Social Justice challenge); eBay (E-Commerce Conflicts challenge); Dubai International Financial Centre (DIFC) Courts (Courts of the Future challenge); and Maastricht University’s Institute of Data Science (Data-Driven Justice challenge). Each of the partners hosted a workshop for participants (online/offline), to share with them how to relate to the challenges from the perspective of their own disciplines and expertise, while also allowing the participants to immerse in the way of thinking of the Hackathon partners.

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