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- A transposição e implementação em Portugal das medidas europeias de combate ao tráfico de seres humanosPublication . Gil, Ana RitaPortugal is both a country of origin, transit and destination of trafficking of human beings. Currently, it is primarily considered as a destination for labor exploitation, although there are still phenomena of trafficking of women for sexual exploitation and of children for the practice of robberies. As a country of origin, there are mainly cases of trafficking of men for labor exploitation in Spain. This study aims to analyze how the Portuguese legal system had to adapt to the changes required by the Council of Europe and the European Union in relation to the repression and prevention on the phenomenon of trafficking in human beings and the protection of victims. We will consider not only the legislative texts, comparing them with the European normative texts to verify their conformity, but also the existing plans and action programs, which demonstrate the combat activity in progress and the aknowledgement of the phenomenon in Portugal. Finally, we will take into account several studies that focus on the practical effectiveness of the legal regime, among which the recommendations of the Group of Experts on Action against Trafficking in Human Beings will assume partiular relevance. The current legislative framework for the repression of the phenomenon is the result of a long evolution. In the middle of the year 2000, there were only rules on the criminal repression of trafficking for the purpose of sexual exploitation, this being considered a crime against sexual freedom. With the signature of several Conventions and the transposition of some acts of the EU, there was a revolution on how the trafficking phenomenon should be treated. The crime of trafficking was thereafter considered a crime against personal freedom in general, covering a greater number of behaviors, in which Human Beings are treated as commercial objects for the purpose of various exploitation activities: sexual, labor, begging, slavery, removal of organs or other criminal activities and the trafficking of children for adoption. The enumeration of the exploitation types became merely illustrative. For its part, the criminal sanction was deeply modified, today being more burdensome than those required by European law. Also, an effort has been made to make the criminal investigation more effective, providing the competent police forces with adequate means, particularly those foreseen in the law on fighting against organized crime. European law has also demanded that the protection and rehabilitation of victims should be regulated in detail, both inside and outside the context of criminal proceedings. Thus, in Portugal, the victim's protection system is applicable, including measures such as the protection of identity, the use of recorded statements, as well as the access to a series of specific security measures and special programs of protection. Several social rights are also granted, such as equitable access to health care, legal advice and psychosocial assistance. There are already reception centers specifically designed to welcome victims of trafficking, managed by non-governmental organizations. In order to give proper treatment to the victims, Portugal has created a national victim reference mechanism in 2008, which defines the procedures for identifying probable victims and carrying out their identification and assistance, through the different institutions involved. A signage card for the victims has even been conceived, in which their rights appear in several languages. Portuguese legislation provides for the granting of residence permits to victims of trafficking, with a provision more favorable than that required by the European Union law, establishing that due to «the personal circumstances of the victim» this authorization may be granted even if the victim does not cooperate with the authorities. In 2008, the Observatory for Trafficking in Human Beings was created, and the various professionals involved received special training on human trafficking, Also, several guides and manuals for the professions involved have been conceived. On the other hand, three-year plans were developed, in which several objectives have been identified, such as the development of awareness campaigns, and the strengthening of cooperation between public entities and organizations and their adaptation to new forms of trafficking and recruitment. However, despite the fact that these developments are notable, in practice, both effective criminal repression and effective protection of victims face several challenges that claim for an urgent and comprehensive response. The complex legislative framework and the overlapping of legal types of crime and concurrent competences of the police forces are pointed out as ineffectiveness factors. On the other hand, there are few requests for compensation from victims, which shows deficiencies in the information on their rights. Regarding prevention, the Group of Experts and the Committee on the rights of the child continue to underline the existence of particularly vulnerable groups in Portugal, such as street children, who are easy preys for the trafficking for the purpose of labor exploitation. Concerning the protection of victims, there should be created a body of binding and articulated norms, designed to effectively guarantee multidisciplinary assistance and support measures. Many of the existing norms in this context are derived from general laws and have not been specifically designed for victims of the crime of human trafficking. The protection of children is especially urgent, since they are only entitled to the same protection system granted for other children in danger, which may not always be appropriate for the specific case of victims of trafficking. Plus, it is not always possible to guarantee effective access to social rights, such as education or leisure programmes. Moreover, despite the successive recommendations of the Group of experts, there are no legal provisions that guarantee the appointment of a tutor. Finally, there are some deficiencies in Portugal at the institutional level, since there is no independent national rapporteur to impartially evaluate the evolution of the measures in the country and make the pertinent recommendations.
- Competition law and democracy: markets as institutions of antipowerPublication . Henriques, Rita
- EditorialPublication . Pais, Sofia Oliveira
- Beyond growth: reshaping fisheries for a wellbeing economyPublication . Kelling, Ingrid; Bennett, Nathan; Barclay, Kate; Jeffs, Andrew; Pita, Cristina; Troll, Tobias; Krogh-Poulsen, Birgitte; Micha, Evgenia; Weston, Julia Cirne Lima; Black, Iain; Lawan, Ibrahim; Leeper, Alexandra; Pouw, Nicky; Siggs, Melanie; Wakita, K.; Wiese, KatarinaContemporary fisheries have been shaped by a paradigm of perpetual growth, characterized by increasing global production and consumption. While this growth has driven economic benefits and technological progress, it has jeopardized the sustainability of marine ecosystems, with implications for the long-term livelihoods and wellbeing of fishers, consumers and resource dependent coastal populations worldwide. This paper advocates for a shift beyond growth towards a wellbeing economy. It considers how five fundamental principles intrinsic to a wellbeing economy - purpose, nature, fairness, participation and dignity - can help reorient the fisheries sector. The paper then provides ten actionable recommendations for reshaping the composition and structure of economic activity in fisheries to enhance societal wellbeing and equity within ecological boundaries. In a world grappling with the consequences of unchecked economic growth, this paper offers insights into fostering a regenerative fisheries system that safeguards human prosperity and environmental integrity.
- Wybrane aspekty ewolucji procesu rozszerzania Unii Europejskiej z perspektywy prawnejPublication . Mazur, Sylwia KatarzynaThe aim of the article is to outline the evolution of the accession process to the European Union as an international organization per se. While issues related to a states’ membership in international organizations are among the fundamental topics of international law, the process of preparing a state for accession is not as widely discussed. In the case of the European Union, however, this process is crucial as it triggers the application of an evolving body of eu regulations and strengthens the eu’s position as a normative power
- The European Commission’s transfer pricing proposal: an initial legal assessmentPublication . Pistone, Pasquale; Nogueira, João Félix Pinto; Messina, Sergio; Turina, Alessandro; Lazarov, IvanThis article presents a preliminary legal evaluation of the proposed Council Directive on transfer pricing in the European Union. The authors express their appreciation for the European Commission’s ambitious initiative, which seeks to address disparities and distortions in tax competition across national legislation. However, they identify areas where improvement is needed to promote legal and tax certainty and simplify compliance, thereby enhancing the effectiveness of the proposed Directive. Consequently, the authors suggest further work in specific areas to achieve the objective of positive integration.
- The European constitutional way to address disinformation in the age of artificial intelligencePublication . Gregorio, Giovanni De; Pollicino, OresteThe spread of disinformation, such as false and fabricated content, as amplified by the expansion of artificial intelligence systems, has captured the attention of policymakers on a global scale. However, addressing disinformation leads constitutional democracies towards questions about the scope of freedom of expression as the living core of a democratic society. If, on the one hand, this constitutional right has been considered a barrier to public authorities’ interferences to limit the circulation of disinformation, on the other hand, the spread of fabricated content and manipulative techniques, including deepfakes, has increasingly questioned liberal views. This constitutional challenge is further enriched by the role of online platforms which, by mediating speech in their online spaces, are essential tiles of a mosaic picturing the potential regulatory strategies and the limit of public enforcement to tackle disinformation. Within this framework, this work argues that the European constitutional approach to tackle disinformation has defined a unique model on a global scale. The European Union has developed a strategy that combines procedural safeguards, risk regulation, and co-regulation, as demonstrated by initiatives such as the Digital Services Act, the Strengthened Code of Practice on Disinformation, and the Artificial Intelligence Act. Positioned between liberal and illiberal models, the European approach proposes an alternative constitutional vision to address disinformation based on risk mitigation and the collaboration between public and private actors.
- Opinion statement ECJ-TF 3/2022 on the EFTA court decision of 1 June 2022 in Case E-3/21, PRA Group Europe, on the discriminatory interaction between the "interest barrier" and group contributionsPublication . Kemmeren, Eric; Prats, Alfredo; Haslehner, Werner; Heydt, Volker; Kofler, Georg; Nogueira, João; Lang, Michael; Panayi, Christiana HJI; Blétière, Emmanuel Raingeard de la; Raventos-Calvo, Stella; Richelle, Isabelle; Rust, Alexander; Shiers, RupertThis is an Opinion Statement prepared by the CFE ECJ Task Force on the PRA Group Europe case, in which the EFTA Court delivered its decision on 1 June 2022. At issue in PRA Group Europe was the interaction of the Norwegian "interest barrier rule" ("interest limitation rule"), which generally limit the deductibility of interest payments to affiliated resident and non-resident entities to 30% of EBITDA, and the group contribution rules, which permit tax effective transfers between group members, but are limited to Norwegian entities. As group contributions also increase the EBITDA of the recipient Norwegian entity (and decrease it at the level of the paying Norwegian entity), companies in the Norwegian tax group can achieve interest deductions under the interest barrier rules where profits ("tax EBITDA") and interest expenses are distributed unevenly between the companies in the group, while a similar opportunity to escape (or lessen the impact of) the interest barrier rules is not available to cross-border groups. The EFTA Court took a combined perspective on the interaction of those rules and found them to constitute an unjustified restriction of the freedom of establishment under Articles 31 and 34 of the EEA Agreement. The EFTA Court's decision is particularly interesting from an EU law perspective, as the interest barrier rule of Article 4 of the Anti-Tax Avoidance Directive (ATAD) similarly foresees the option for Member States to introduce a domestically-limited "interest barrier group" to permit a calculation of exceeding borrowing costs and the EBITD at the local group level. The CFE ECJ Task Force welcomes the EFTA Court's progressive impetus on fundamental freedoms doctrine: PRA Group Europe AS makes it clear that for purposes of identifying a restriction, for establishing comparability and for justification, a combined perspective on the interaction of two sets of rules – here the interest barrier on the one hand and the group contribution regime on the other – is necessary. From that perspective, the interaction of the Norwegian rules on the "interest barrier" and on group contributions leads to unjustified discrimination in cross-border situations. However, if asked to decide on a similar case, the CJEU might take a different approach. First, the CJEU could take a different perspective on the available grounds of justifications and, e.g., accept the coherence of the tax system as such ground. Second, Article 4 ATAD gives the Member States the option to treat an "interest barrier group" as a single taxpayer and to limit the group perspective to domestic settings. Even if such an option in the ATAD is not viewed as "exhaustive harmonization", one could wonder if the mere existence of the ATAD and the value judgments made by the EU legislature therein could lead to a different outcome in the EU (CJEU) vis-à-vis the EEA (EFTA Court).
- A burial without funeral: the demise of the Portuguese prefectPublication . Fábrica, Luís