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67 results

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  • The Role of the EU Charter of Fundamental Rights in Climate Litigation
  • Josephine van Zeben
  • Journal: German Law Journal / Volume 22 / Issue 8 / December 2021
  • Published online by Cambridge University Press: 19 January 2022, pp. 1499-1510
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    Climate litigation has become a permanent fixture in the climate law and policy landscape. Across jurisdictions, climate litigation takes different shapes, with actions based on administrative, civil, or criminal law. An increasing number of cases incorporate human rights, leading to courts inter alia imposing more onerous mitigation obligations on governments and private actors in light of human rights provisions. Several landmark cases in this domain have come from European jurisdictions and have been argued with reference to both the European Convention on Human Rights (ECHR) and the European Union’s Charter of Fundamental Rights. An analysis of case law from the European Member States shows that the emerging picture is one of the Charter playing a secondary role to the ECHR. Based on this jurisprudential analysis, this article reflects on the future role of the Charter in climate litigation, and by extension, in shaping environmental human rights.

  • Tracking and Nudging through Smartphone Apps: Public Health and Decisional Privacy in a European Health Union
  • Josephine VAN ZEBEN, Bart A. KAMPHORST
  • Journal: European Journal of Risk Regulation / Volume 11 / Issue 4 / December 2020
  • Published online by Cambridge University Press: 16 November 2020, pp. 831-840
  • Print publication: December 2020
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    In response to the SARS-CoV-2 pandemic, European Union (EU) Member States adopted technological solutions aimed at mitigating the effects of the virus, as well as enforcing newly adopted public health measures. Examples include apps for disseminating information, performing self-diagnosis, enforcing home quarantine orders and aiding contact tracing. This extensive use of technology for tracking and promoting public health raises important questions regarding EU citizens’ privacy. Thus far, the discourse in this regard has predominantly revolved around data protection, the risk of surveillance and the right to control access over one’s personal information (informational privacy). In light of the push towards a more unified approach to mitigating the current pandemic and future health crises through a European Health Union (EHU), we consider a different dimension of privacy that may be at risk when employing technology for public health, namely the right to non-interference with one’s decisions (decisional privacy). In particular, this article focuses on whether the advances in health-related persuasive technology, together with a more general movement towards “nudging” as an individual and public health tool, will require EU legislation to further protect decisional privacy by regulating “hypernudging” technologies and to guide the EHU in coordinating public health measures that utilise these technologies in a privacy-preserving way.

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