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Hungary bans access to content that "depicts or propagates divergence from self-identity corresponding to sex at birth, sex change or homose

The Court of Justice of the European Union (CJEU) will hear the case against Hungary's "anti-LGBTQ propaganda" law brought before the court by the European Commission 16 EU countries and the European Parliament. It is the "largest human rights case in EU history," according to several human rights organisations. The Hungarian law, which bans access to content that "depicts or propagates divergence from self-identity corresponding to sex at birth, sex change or homosexuality” to minors, is being challenged. "We are seeing a cross-fertilisation of this type of legislation across EU Member States. We are seeing pending bills in Romania, Slovakia and Italy, and laws that have been passed in Bulgaria this summer," Esther Martínez González, director of pan-European human rights organisation RECLAIM, told The Brussels Times.

#eu #hungary #anti-lgbt+ laws #ecj (cjeu)

The court ruled that melons and tomatoes produced in Western Sahara must now be labelled as such.

The European Court of Justice ruled on Friday that the European Commission had breached the right of people in Western Sahara to self-determination by concluding trade deals with Morocco. Western Sahara, a tract of desert the size of Britain, has been the scene of Africa's longest-running territorial dispute since colonial power Spain left in 1975 and Morocco annexed the territory. Friday's decision is the final ruling after several appeals by the Commission, the European Union's executive arm. The EU signed fishing and agriculture agreements with Morocco in 2019 that also covered products from the Western Sahara. "The consent of the people of Western Sahara to the implementation... is a condition for the validity of the decisions by which the (EU) Council approved those agreements on behalf of the European Union," the court said. It said a consultation process that took place had not involved "the people of Western Sahara but the inhabitants who are currently present in that territory, irrespective of whether or not they belong to the people of Western Sahara".

Good!

#eu #morocco #western sahara #ecj (cjeu)#eu-morocco trade deal invalid

EU member states have consistently failed to implement rulings from both the European Court of Human Rights (ECtHR) and the Court of Justice

EU member states have consistently failed to implement rulings from both the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU), a report has found, undermining democracy and the rule of law in the EU. A report released on Monday (19 September) by Democracy Reporting International (DRI), in collaboration with the European Implementation Network (EIN), reveals that as of 1 January 2024, EU member states had 624 leading ECtHR judgments pending implementation. This marks a slight increase from 2022 (616) and 2021 (602). Leading ECtHR judgments identify human rights violations in a country for the first time. They often highlight systemic or structural issues that require comprehensive reforms to address. The study found that only about half of the 201 CJEU rulings related to the rule of law issued in the past five years have been fully complied with. Among the 101 rulings examined, there is clear evidence of no or partial compliance for 71, with over 60% of these pending implementation for two years or more. Romania and Hungary rank highest among countries struggling to implement the court’s rulings. In 2023, nearly 76% of leading ECtHR rulings from the last decade are still awaiting implementation in Hungary. Meanwhile, Romania holds the highest number of pending leading judgments, with a total of 115. Across all member states, 44% of leading ECtHR judgments over the past decade remain unimplemented, up from 40% in 2022 and 37.5% in 2021. On the other hand, the report found that national governments tend to follow CJEU rulings but fall short of full compliance.

#eu #ecthr #ecj (cjeu)#eu members #unimplemented rulings

The Court of Justice of the EU (CJEU) ruled on Thursday (7 December) that decision-making by scoring systems that use personal data is unlaw

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The Court of Justice of the EU (CJEU) ruled on Thursday (7 December) that decision-making by scoring systems that use personal data is unlawful, a judgement that could have significant spillover effects for social security and credit agencies. Years after the EU’s General Data Protection Regulation (GDRP) started to take effect, the Court of Justice of the EU (CJEU) issued its first ruling on the article on automated individual decision-making. “This decision of the CJEU clarifies that the GDPR contains a prohibition to subject people to automated decision-making with significant impact on them,” Gabriela Zanfir-Fortuna, Vice President for Global Privacy at the Future of Privacy Forum, explained to Euractiv. Between 2018 and 2021 a scandal took hold in the Netherlands – eventually leading to the resignation of Mark Rutte’s third government – due to a flawed risk-scoring algorithm which led tax authorities to wrongly accuse thousands of frauding a childcare benefit scheme. On Thursday, the Court ruled that any type of automated scoring is prohibited if it significantly impacts people’s lives. The verdict relates to SCHUFA, Germany’s largest private credit agency, which rates people according to their creditworthiness with a score.

#eu #ecj (CJEU)#scoring algorithms #personal data use #illegal #gdpr compliance #privacy #data privacy