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Recent Opinions & Interviews
5G Infrastructure, National Security and EU Constitutionalism: Reflections on Advocate General Ćapeta’s Opinion in Elisa Eesti (C-354/24) (MediaLaws)
The Opinion of Advocate General Ćapeta in Case C-354/24, Elisa Eesti AS v Vabariigi Valitsuse julgeolekukomisjoni küberjulgeoleku nõukogu and Tarbijakaitse ja Tehnilise Järelevalve Amet, addresses one of the most politically sensitive and legally significant questions currently facing the European Union: the relationship between national security and the EU internal market in the context of 5G telecommunications infrastructure. https://www.medialaws.eu/5g-infrastructure-nati
Human-Centric Ethics: A Guiding Principle in the European Union’s AI Act (Interparliamentary Assembly of the Benelux, Chambre des Députés du Grand-Duché de Luxembourg, 21 March 2025)
In her address at the BENELUX Plenary on 21 March 2025, Dr. Elif Biber emphasized human- centric ethics as a foundational principle of the European Union’s Artificial Intelligence Act (AI-Act). She argued that understanding the societal impact of emerging technologies requires a structured philosophical and ethical approach, assessing technological novelty, anthropological implications, and the values at stake. Dr. Biber highlighted the 2019 Ethics Guidelines for Trustworthy
Protecting our rights: How can legal systems handle the AI revolution? (University of Luxembourg – Interview on her recently published book)
Dr. Elif Biber is a legal scholar in European Public Law and Digitalisation at the University of Luxembourg. She works at the intersection of law and emerging technologies. Her forthcoming book, “A Rights-Based Inter-Legal Approach to Artificial Intelligence” from Hart Publishing (Oxford) is one of the first single-authored books on AI and fundamental rights worldwide. It seeks to answer the question: How can legal systems meaningfully respond to complex, rapidly evolving phe
A Challenge for a Primavera Digitale: The Phantom Influence of Artificial Intelligence Systems (ICONnect, International Journal of Constitutional Law's Blog)
A New Question? How do fundamental and human rights emerge, and what conditions shape their emergence in the digital age? In this post, I aim to reflect on a puzzling social phenomenon: the widespread sense of comfort – or at least resignation – that individuals display toward phone applications, AI systems, and algorithmic decision-making tools that process personal data and shape life opportunities. This comfort stands in sharp contrast to how we react to interference in th
Machines Learning the Rule of Law: EU Proposes the World’s first Artificial Intelligence Act (Verfassungsblog)
On 21 April 2021, the European Commission (EC) proposed the world’s first Artificial Intelligence Act (AIA). The proposal has received a warm welcome across the EU as well as from the US, as it includes substantial legal provisions on ethical standards. After its release, the media’s main focus laid on the proposal’s “Brussels Effect”, which refers to the EU’s global regulatory influence: EU laws exceed their “local” influence and become global standards. With the AIA, the EU
Op-Ed: “RTL Nederland (C-451/22): Civil Aviation Confidentiality and Freedom of Expression and Information” by Giovanni De Gregorio and Elif Biber (EU Law Live)
On 18th January 2024, the Court of Justice of the EU (‘the Court’) dealt with a case originated by an information request asserted by the Dutch media companies, RTL Nederland and RTL Niewus, from the Dutch minister van Justitie en Veiligheid (Minister for Justice and Security, Netherlands) regarding the downing of Malaysia Airlines Flight MH17 in 2014 while flying over Eastern Ukraine. In this case, the Court addressed the scope of the right to access information as protected
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