An online debate considering the recent Supreme Court case of 'For Women Scotland Ltd v The Scottish Ministers' which was handed down on 16 April featuring Aidan O’Neill KC (Scot.), KC (E&W), BL (Ireland) who appeared for For Women Scotland. In the discussion Aidan reflected on his experiences of the case, the judgment and participate in a debate of the issues it raises going forward. This was followed by a response from Dr Lena Holzer, and then a question and answer session.

For more information see: https://www.cels.law.cam.ac.uk/activities-archive

Speaker: Dr Bernadette Zelger, University of Innsbruck

Abstract: The debate about the future of the European Union has long left academic circles, arrived in the midst of society and been awarded political attention. Meanwhile, there has been an increase of Euroscepticism accompanied by more nationalist political developments echoed in the swings to the right all across the EU. These developments may, arguably at least in parts, be explained by social resentments of the peoples of Europe. While acknowledging that law constructs and contributes to a social reality of its own it is thus, arguably also about the lack of a genuine socio-economic equilibrium within the law and political system of the EU. This imbalance is not only found within the EU legal constitutional framework, but also within the case-law of the European Court of Justice. However, possible solutions to solve this socio-economic imbalance are limited: It is either (i) Treaty reform or, alternatively, (ii) a change in the approach of the Court in its jurisprudence. While these alternatives are both valid and, to some extent, mutually exclusive, they unveil and epitomise different visions as regards the future of the European Union. However, while acknowledging the differences in the approach, they are arguably different means to serve the very same end: Warrant the European Union’s future success.

For more information see:

https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Professor Orla Lynskey, University College London

Abstract: The EU ‘digital empire’ seeks to align technological development to its rights and values by adopting and promoting a rights-driven model of technological regulation. Bradford’s influential characterisation of EU digital strategy is credible when one maps the array of legal ‘Acts’ applicable to data, digital markets, digital services and AI adopted by the EU in recent years, all of which are without prejudice to the EU data protection law. Yet, when one delves deeper, the EU’s commitment to rights-based regulation of the digital sphere is not iron-clad. Rather, as we demonstrate through an empirical analysis of the European Commission’s adequacy decisions over a quarter of a century (1999-2024), there are clear divergences amongst EU institutions about the balance to be struck between fundamental rights and economic interests. Such divergence suggest the EU might more accurately be characterised as an amalgamation of fiefdoms rather than an empire. This inter-institutional dynamic is relevant to the legitimacy of EU actions in the digital sphere and may foreshadow the future direction of EU data law.

For more information see:

https://www.cels.law.cam.ac.uk/weekly-seminar-series