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(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1235-1245 | European Forum Insight of 24 January 2024 | (Table of Contents) I. Introduction: Russian propaganda in state and online media: disinformation machinery in full swing. - I.1. Conceptual premise: a brief comparison between propaganda and disinformation. - I.2. Disinformation machinery in full swing: Russian propaganda in state and online media. - II. The RT case. - II.1. Disinformation machinery in full swing – Russian propaganda in state and online media. - II.2. RT France’s appeal. - III. “For the first time in modern history, Western European governments are banning media”: polemics with the banning of RT and Sputnik. - IV. Quo vadis propaganda regulation?. | (Abstract) The ongoing Russia-Ukraine conflict has triggered a multitude of media regulation challenges within the EU. With the Russian state propaganda machinery continuing to work in full swing, it has become increasingly critical for the EU to regulate media content to prevent the dissemination of disinformation, harmful and misleading information and state propaganda. This Insight seeks to explore the EU’s reaction to the Russian coverage of the war through the example of the RT case. The study aims to provide a theoretical background to Russian propaganda as a premise for the case study. The focus of the Insight is the examination of the RT suspension and the RT France case via the broader understanding of “propaganda” restrictions using the case law of the CJEU and the ECtHR. The study also aims to introduce a scholarly critical viewpoint with regard to imposing stringent restrictive measures against a media outlet and the effectivity thereof. The main argument of the Insight is that the nuanced and contextual understanding of media in war is not only a legal necessity but an effective societal tool, too, especially in the Russo-Ukrainian war.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1221-1233 | European Forum Insight of 22 January 2024 | (Table of Contents) I. Introduction. - II. Pinpointing the problem with mutual trust. - III. Mutual trust in the draft Accession Instruments. - IV. The ECtHR and the CJEU on mutual trust: case law convergence?. - IV.1. Mutual trust in the ECtHR. - IV.2. Mutual trust in the CJEU. - V. Exploring outstanding areas of divergence. - V.1. Recognition of civil judgments. - V.2. Right to a fair trial. - VI. In Conclusion. | (Abstract) After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns expressed in Opinion 2/13. It first traces the evolution of the negotiations on the “mutual trust basket”. Through a manual analysis of all negotiation documents, we concluded that the negotiated solution is built upon an alleged case law convergence between the CJEU and the ECtHR on mutual trust cases. Therefore, this contribution further assesses such assumption of convergence by looking at the CJEU’s broader language of mutual trust (beyond Opinion 2/13 and the Area of Freedom, Security and Justice) and the ECtHR’s mutual trust jurisprudence. We argue that the CJEU has conceptualised mutual trust as a general horizontal principle of EU law that, depending mostly on the cooperation scheme in which it is implemented and the fundamental rights that it might potentially affect, will present different degrees of automaticity. The latter, understood as the leeway (or lack thereof) for national authorities to invoke exceptions to mutual trust in light of potentially overriding interests, impacts the potential for convergence between the CJEU and ECtHR on mutual trust. Consequently, the full workability of the solutions devised in the draft Accession Instruments is called into question.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1201-1211 | European Forum Insight of 22 January 2024 | (Table of Contents) I. Introduction. - II. La condamnation d’une législation autorisant, au nom de la liberté contractuelle, la discrimination pour cause d’orientation sexuelle en matière d’emploi. - III. L’articulation entre droit à la non-discrimination pour cause d’orientation sexuelle et prise en compte des exigences professionnelles. - IV. L’articulation entre droit à la non-discrimination et liberté contractuelle en général. | (Abstract) In the J.K. case, the CJEU condemned Polish legislation derogating, in the name of the freedom to choose a contract, from the prohibition of discrimination based on sexual orientation in employment and occupation. However, one may wonder about the scope of this decision concerning the exemptions permitted by Directive 2000/78 when specific professional requirements are claimed, such as the prevention of internal social conflicts or respect for company doctrine. Likewise, we may question the scope of the decision for contractual freedom in general. To what extent may the contract be the site of justified discrimination?.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1179-1187 | European Forum Insight of 22 January 2024 | (Table of Contents) I. Prendre l’arrêt J.k. c TP S.A. au sérieux. - II. La Cour de Justice au cœur d’une bataille culturelle. - III. L’apport de l’arrêt J.K. c TP S.A. au droit des personnes. | (Abstract) The J.K. v TP S.A ruling is an important judgment, and not only because it led the Court to settle main questions of substantive law. In the context of adapting social law to new forms of employment relations, the Court first clarified the personal scope of Directive 2000/78/CE. Secondly, it addressed the relationship between non-discrimination and freedom of contract. Finally, in J.K. the Court underpinned its political conception of non-discrimination law. This Insight is an introduction to a Special Focus which aims to bring together contributions that highlight different aspects of this important judgment. As an introduction to the Special Focus, this Insight presents the case and its particular context: that of a “cultural battle”.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1189-1199 | European Forum Insight of 22 January 2024 | (Table of Contents) I. Le retour de la guerre des valeurs. - II. L’identité sexuelle, nouveau cœur des valeurs européenne. - III. Sexualité versus religiosité : une inégalité au sein des valeurs européennes ?. - IV. Minorités, liberté, et fonctionnalisme social. - V. Ordre de valeurs et conséquentialisme social | (Abstract) One way of understanding the JK ruling is to see it as the symptom of a war of values within the European Union. In the context of “illiberal democracy”, the question of sexual identity resonates and conflicts with that of religious identity, creating a trouble within European values. In an attempt to resolve it, the jurisprudence tries to elaborate an order of values that seeks to preserve the relational capacity of the members of the European society. It fails, however, to fully justify the different approach that separates the protection of sexual minorities and that of religious minorities in Europe.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1213-1220 | European Forum Insight of 22 January 2024 | (Table of Contents) I. Introduction. - II. La distinction entre le droit de la non-discrimination et la législation sociale de l’Union. - III. L’identification d’une catégorie des travailleurs indépendants bénéficiant du droit de la non-discrimination. - IV. Un rapprochement du régime du travail des travailleurs indépendants et salariés. - V. Conclusion | (Abstract) From an EU social law perspective, the decision of the Court of justice in J.K. appears prima facie to be a step forward in the construction of a universal labour law regime. However, the case strictly limits the progress towards an assimilation of the situation of employees and self-employed, in EU social law. First, by distinguishing EU anti-discrimination law and social legislation, only the former being extended to self-employed. Second, by limiting the category of self-employed who can benefit from anti-discrimination law. The case nonetheless suggests that a universal labour law regime can be constructed by using basic notions of labour law for the regulation of other types of contractual relationships than employment contracts.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1155-1177 | European Forum Insight of 17 January 2024 | (Table of Contents) I. Introduction. - II. Financing European defence outside the EU budget. - II.1. Funding through the back door: the European Defence Agency. - II.2 Financing "through the front door": the European Peace Facility. - III. EU budget funding for European defence. - III.1. Unprecedented budgetary efforts through the implementation of EU industrial and research policies. - III.2. A more modest budgetary contribution through the multiplication of targeted actions. - IV. Conclusions. | (Abstract) Since the Treaty of Lisbon, signed in 2007, the common security and defence policy shall include the progressive framing of a common Union defence policy, which may lead to a common defence. However, the key question is the financing of such policy. To address this issue, several taboos have been progressively lifted in terms of financial resources, both out of the EU Budget with new players (notably the European Defence Agency) and new instruments (especially the European Peace Facility) and within the EU Budget, with a multiplication of initiatives to reinforce the European defence industry (from the first dedicated program in 2017 to the new instrument for supporting the production of ammunition in 2023). The Ukrainian war was and is still a decisive factor to contribute to and accelerate that evolution

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1131-1142 | European Forum Insight of 16 January 2024 | (Table of Contents) I. Introduction. - II. EU’s stance on gender equality and the operationalization of its supportive role in Ukraine. - III. The EU’s multifaceted engagement. - III.1. Legal dimension. - III.2. Justice-related dimension. - III.3. Values-based dimension. - IV. Conclusion. | (Abstract) The Insight investigates the role of the EU in promoting gender equality and freedom from gender-based violence in Ukraine in the context of Russia’s war against Ukraine. By drawing on concrete examples of developments which took place at legal, justice-related and values-based dimensions through the framework of discursive institutionalism, the Author identifies a significant shift in the EU’s role since the Russian invasion of Ukraine in February 2022. Concretely, the shift from a supportive presence in the initial stages of war in 2014 to the EU more actively exercising its normative power.

(Series Information) European Papers - A Journal on Law and Integration, 2024 8(3), 1143-1154 | European Forum Insight of 16 January 2024 | (Table of Contents) I. Introduction. - II. The advent of Putinism in Europe: illiberalism in Hungary and Poland. - III. Diverging approaches to the invasion of Ukraine. - IV. Challenges and opportunities: discovering the EU’s militant democracy potential?. - V. Conclusion. | (Abstract) In the past decade, Hungary and Poland have experienced a process of rule of law backsliding that threatens the state of democracy at home, and affects the decision making and legitimacy of the European Union as a whole. In the face of Russia’s war of aggression against Ukraine, the response of Hungary and Poland has been diametrically opposed, but equally damaging to the EU rule of law. The present Insight will analyse the response of these two member states to the Russian invasion, and it will argue that the war has highlighted major pitfalls in the EU’s policy toward backsliding governments, which continue to benefit from funds and veto powers, undermining the EU’s effectiveness in the process. However, a renewed fight for democracy in Europe could offer the perfect opportunity to be tough on autocrats inside and outside the Union.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1125-1130 | European Forum Insight of 15 January 2024 | (Table of Contents) I. Introduction: the war in Ukraine and sanctions. - II. Sanctions formulation. - III. Sanctions implementation. - IV. Sanctions communication. - V. Conclusion. | (Abstract) As a result of the invasion of Ukraine, the Commission has been increasing its weight throughout the EU sanctions process. This transformation is visible in the formation, implementation and communication of sanctions. Formulation has become less member state-driven, implementation has undergone some steps towards centralisation, and communication has becoming more aggressive. An enhanced role for the Commission may be advantageous for sanctions governance; however, the exceptionally fast pace at which it is unfolding is susceptible of undermining regular scrutiny by economic operators, public opinion, and, most acutely, parliamentary bodies.