Description: The “4 EU Training Sessions on Family Law Regulations for Cross-border Lawyers and Social Services” (C.L.A.S.S.4EU) is a project funded by the European Commission. The project aims to deal with the difficulties arising from the regulation of cross-border family lives. Family matters cover not only transnational cases involving parental responsibility, but also the circulation of personal status. Given the different types of relationships (same-sex marriages, civil partnerships or de facto unions) recognized by the national legal systems of the countries involved, their recognition in another State may entail difficulties and persons’ rights and duties may vary. It will lead to uncertainty also when children are involved, thus requiring better understanding and improved knowledge. The aim of this project is to provide greater knowledge for lawyers and social service staff on EU Regulations (like Brussels II bis Regulation, Maintenance Regulation) and International Conventions (such as the 1996 Hague Child Protection and 1980 International Child Abduction Conventions, and the 2007 Hague Maintenance Protocol) on family law, developing a common expertise between these interrelated categories, especially when the protection of children is at stake.
PI (at JusGov): Anabela Gonçalves
Partners: Universita Degli Studi di Verona (UNIVR – Italy); Lietuvos Teises Institutas(Law Institute of Lithuania, TEISE – Lithuania); Eotvos Lorand Tudomanyegyetem (ELTE – Hungary); Universita’ Degli Studi di Milano-Bicocca (UNIMIB – Italy); Universidade do Minho (Uminho – Portugal); Eötvös Loránd University (ELTE – Hungary)
Funding: European Commission
Corruption, Democracy and Human Rights
Description: The main objective of this project is to study the phenomenon of corruption, in its different aspects and manifestations, making an effort of comparison with the reality of other countries (in particular, Spain and Brazil) to check the legal framework in force, to assess the impact that corruption has had on the spectrum of the democratic institutions and the Rule of Law, and what measures have been taken to overcome it. It is hoped that this project, in addition to providing a clear picture of the state of affairs in this area, will result in proposals for legislative or policy developments to improve the mechanisms for the prevention and repression of corruption.
Co-PI: Mário Monte
Team: Carla Mondim, Fernando Conde Monteiro, Fernando Portomeñe, Francisco Andrade, Gonçalo Mello Bandeira, Gumersindo Cabada, Manuel Simas Santos, Margarida Santos, Paulo Silva Fernandes, Pedro Freitas
Partners: University of Santiago de Compostela, Spain
DTx – Experience the Future CoLab
Description: DTx – Experience the Future is a private non-profit association that brings together partners from both academic and industry backgrounds. The University of Minho plays a leading role in this organization, which includes stakeholders such as Bosch, Ikea, and INL. DTx has an ambitious medium-term research and innovation agenda. Its main goal is to foster research drawn by the digital transformation of organizations, processes, and competencies in order to fully leverage the opportunities of digital technologies across society and industry. DTx was one of the first Collaborative Laboratories (CoLabs) approved by the FCT. CoLabs are meant to complement and reinforce the current landscape of R&D units in Portugal and are aimed at creating skilled jobs and economic and social value through the analysis and solution of large-scale and complex multidisciplinary problems. The JusGov team involved in DTx is expected to conduct research to anticipate legal problems that may arise throughout the implementation of the CoLab and put forward legal solutions, e.g. in the field of contracts, patents, and labour relations.
Duration: 2018 – …
Team: Américo Gravato Morais, Anabela Gonçalves, Eva Sónia Moreira, João Sérgio Ribeiro, Maria Miguel Carvalho, Pedro Freitas, Teresa Coelho Moreira,
Partners: University of Évora, Universidade Católica Portuguesa, INL, CEiiA, Bosch, Accenture, IKEA, Cachapuz, Celoplás, ebankIT, Neadvance, NOS, Primavera, Simoldes, TMG Automotive, WeDo, CCG and PIEP.
Environment Sustainability and Human Development
Description: The project seeks to contribute to a better understanding of the legal challenges raised by the use of law as a tool to promote environment sustainability in a manner that is compatible with human development. It focuses on the way different legal disciplines, such as International Law, European Law, Administrative Law, Tax Law, Criminal Law, Territorial Planning Law, Environment Law, Civil Law, Food Law, Water Law, Space Law and Law of the sea, may impact the way environment sustainability and human development are tackled. The project has several phases. During the first phase, which is already being implemented, there will be call for papers to address the way different areas of law can be used to promote environment sustainability and human development. Those papers will be presented and, subsequently, debated by experts from other scientific areas, such as scientists, political authorities and representatives of civil society during three distinct conferences. One involving local players, another involving national players and a final one involving European and International players. Workshops aiming at creating awareness of environment sustainability and human development will be organized for youngsters, companies and representatives of local governments. The outcome of these debates, together with the papers produced by the team and guest authors, will materialize in an edited volume to be translated into Mandarin, English and Spanish for higher visibility.
Duration: 1 September 2018 – 30 September 2020
Co-PI: Wladimir Brito
Team: Anabela Gonçalves, António Cândido de Oliveira, Benedita Mac Crorie, Carlos Amorim, Cláudia Viana, Flávia Noversa Loureiro, Irene Portela, Isa António, Isabel Fonseca, Joana Covelo de Abreu, Joaquim Rocha, Maria de Assunção do Vale Pereira, Nuno Manuel Pinto Oliveira, Patrícia Jerónimo, Pedro Ferreira, Paulo Jorge Teixeira da Veiga e Moura, Pedro Carlos da Silva Bacelar de Vasconcelos, Ricardo Cunha, Sophie Perez, Wladimir Brito.
Equality and Cultural Difference in the Practice of Portuguese Courts: Challenges and Opportunities for an Inclusive Society (InclusiveCourts)
Description: The project seeks to contribute to a better understanding of the legal challenges raised by cultural diversity in Europe, by looking into the practice of Portuguese courts. It focuses on the way courts deal with concepts such as identity, culture, ethnicity and religion, and on the way they balance equality and respect for cultural difference in a wide range of cases. It involves a detailed inventory and review of the cultural diversity related case law of Portuguese courts since 1976, in light of theoretical debates about multiculturalism and human rights and of the international legal framework at global and regional level. By comparing the Portuguese judicial practice with existing reports from other domestic jurisdictions, the project will advance the current state of comparative research on multicultural jurisprudence in Europe. Through the involvement of judicial actors, the project aims to identify best practices and to set up guidelines for ‘diversity aware’ courts in Portugal.
Duration: 1 October 2018 – 30 September 2021
Co-PI: Manuela Ivone Cunha
Team: Andreia Rodrigues, Benedita Mac Crorie, Clara Calheiros, Cristina Dias, Fernando Alves, Flávia Noversa Loureiro, Maria Cardeira da Silva, Mário Monte, Miriam Rocha, Nicole Friedrich, Pedro Freitas, Rute Baptista, Sílvia Gomes, Teresa Coelho Moreira
INTEROP – EU Digital Single Market as a Political Calling: Interoperability as the Way Forward
Description: The project is based on the study of the Digital Single Market as a primary public interest for the European Union and intends to test the state-of-the-art implementing administrative interoperability solutions at a later stage in order to test new forms of interoperability. It will take into account, in particular, its material (fundamental and judicial component) with reference to the simplified procedures for recovery of claims to be carried out within the European Union’s Area of Freedom, Security and Justice.
Team: Joana Covelo de Abreu, Pedro Froufe, Sophie Perez; Francisco Andrade
Funding: Jean Monnet Project, European Commission –Educational, Audiovisual and Culture Executive Agency
Law in Medicine
Description: The main purpose of the project is the dissemination of legal knowledge in the area of medicine, exploring the legal problems that arise in this field. To this extent it will be explored and researched topics such as medical liability, patients’ rights and duties, the relationship between the health professionals and the patients, medical confidentiality, personal data, the clinical process, informed consent, ethical and professional issues. The project is aimed at students and health practitioners (doctors, nurses, psychologists, hospital managers) and students and legal practitioners (lawyers, judges and legal counselors). The aim is to increase the understanding and awareness of those who have to work on the fields of medicine and law, developing a common expertise between these interrelated categories of knowledge. The aim is to stimulate discussion about medical-legal issues, to provide practice-oriented training in order to contribute to a better and efficient exercise of the professional activity of health professionals, to avoid the mass complaints and lawsuits filed against health professionals and to contribute to the improvement of the relationships established between health professionals and patients. Health professionals do not often have an in-depth knowledge of medical-legal issues, which increases the proliferation of patient complaints and lawsuits, with serious practical consequences for health professionals, medical institutions, and patients. Additionally, this issue has not been sufficiently investigated within the scope of the law, and there is a notable lack of knowledge among jurists about it. Despite its practical relevance, this is a topic that is not very developed in law schools and is practically unknown among health professionals.
PI: Anabela Gonçalves
Co-PI: Margarida Santos
Team: Cláudia Figueiras, Diana Coutinho, Isa Meireles, João Nuno Barros, Maria João Lourenço, Miriam Rocha, Rui Polónia
Legal language, legal hermeneutics and the legitimacy of legal decisions
Description: The judicial decision is now an irrefutable part in the construction of any legal order. The project aims to reflect on the linguistic and hermeneutic dimensions of the judicial decision as grounding for its potentially discretionary nature. It also seeks to assess the scope of this discretionary power – and the language in which it is embedded, balancing the needs for public intelligibility with those of professional and scientific accuracy – in the context of our current democratic states, under the rule of law, and within legislative frameworks which are due to operate in dynamic and multicultural societies. The question of the legitimacy of this judiciary will also be examined, in particular through the obligation to state reasons for decisions taken, both in terms of fact as in terms of law, and through the analysis of the role played in this field by different notions of truth, factual and semantic determinability, or normative and discursive rationality.
PI: Joana Aguiar e Silva
Co-PI: Clara Calheiros
Team: Ana Beatriz Silva Faria, Ana Carolina Trindade Cohen, Clementino Tiago Balsa, José Carlos Velho,Miriam Rocha, Ricardo Macedo Menna Barreto, Sofia Crista Marques, Thiago Coutinho de Oliveira
Meaning and purpose of criminal sanctions: For a more humane system of penalties (Penalties+Humane)
Description: The project aims to study criminal sanctions from the combined perspectives of Law and Criminology. It will take stock of the meaning and purpose of criminal sanctions by covering four distinct dimensions: (a) normative (critical study of criminal law); (b) judicial (review of leading cases); (c) penitentiary (enforcement of criminal sanctions); and (d) sociological (practical implications of a social nature for the convicted person and his or her family). The main purpose of the project is to ascertain the extent to which the penal system fulfils its preventive and humanitarian goals, and whether it can be developed towards a greater humanization, both in its conception and in its execution. The project will discuss inter aliaproposals regarding a dritte spur(third path) of criminal sanctions, or even Restorative Justice, to move towards a reparative and reconciling dimension of criminal sanctions (criminal law of reparation). The project will focus on the Portuguese legal system, while comparing it with the Brazilian and the German legal systems. It will furthermore involve academics and judicial actors from different Portuguese-speaking countries.
PI: Mário Monte
Co-PI: Pedro Freitas
Team: Clovis Demarchi, Diogo Pinto da Costa, Fernando da Costa Gonçalves, Fernando Conde Monteiro, Flávia Noversa Loureiro, Helena Grangeia, Joana Aguiar e Silva,Leonor Assunção, Madalena Oliveira, Manuel Simas Santos, Margarida Santos, Marisalva Fávero, Nestor Santiago, Olga Furriel Cruz, Paulo Silva Fernandes, Selma Santana,Valéria Gomes
Partners: UNIVALI (AICTS)
Medically Assisted Procreation: Review of Recent Legal Developments in Portugal
Description: Law no. 17/2016 and Law no. 25/2016 have introduced relevant changes in the legal regime of medically assisted procreation in Portugal, established by Law no. 32/2006. Surrogate motherhood was introduced by Law no. 25/2016 (although in quite restrictive terms) and Law no. 17/2016 allows any woman to use medically assisted procreation methods, regardless of infertility causes, changing the existing paradigm. The Portuguese Constitutional Court was called to evaluate the constitutionality of some of the provisions of the Acts, particularly those concerning surrogacy, and some aspects of the regime were actually declared unconstitutional. The aim of this project is, therefore, to evaluate the consequences of these changes in many legal fields, (Constitutional Law, Law of Succession, Private International Law, Family Law) and also if they can be considered to promote gender equality.
PI: Benedita Mac Crorie
Team: Anabela Gonçalves, Cristina Dias, Diana Coutinho, Isa António, Mariana Boçon, Miriam Rocha, Sónia Moreira, Rossana Costa
Monitoring human rights of sexual minorities in the CPLP (SOGI.CPLP_Observer)
Description: The project aims to monitor legal developments in the protection of individuals’ sexual orientation and gender identity (SOGI) by the Member States of the Community of Portuguese Speaking Countries (CPLP) – Angola, Brazil, Cape Verde, Equatorial-Guinea, Guinea-Bissau, Mozambique, Portugal, Sao Tome and Principe and Timor-Leste. All CPLP Member States are internationally committed to the protection of human rights, both at global and (with the exception of Timor-Leste) regional levels. In spite of being bound by similar human rights standards, CPLP Member States have different legal approaches to the regulation of sexual orientation and gender identity issues and the protection of sexual minorities. The project aims to map similarities and differences among CPLP Member States on the legal framework and case law, as well as on the policy debates and options in such fields as health care, access to justice, education and employment. The comparative study is coordinated by the PI and her team at JusGov and at the Centre for International Studies (CEI-IUL), while relying on a network of national rapporteurs for the different CPLP Member States. Individual state reports and a final comparative report are expected outcomes of the project.
Duration: 1 December 2018 – 31 November 2020
PI: Maria de Assunção do Vale Pereira
Team: Ana Lúcia Sá, Douglas Weber, Edalina Rodrigues Sanches, Larissa Coelho, Mojana Vargas Correia da Silva, Patrícia Jerónimo, Rui Garrido
Partners: Centro de Estudos Internacionais – Instituto Universitário de Lisboa (CEI-IUL)
ProChild Against Poverty and Social Exclusion Collaborative Lab(ProChild CoLab)
Description: The ProChild Against Poverty and Social Exclusion Collaborative Lab prioritizes policies of child protection, as children are true subjects of rights, but more vulnerable beings. The work to be done by CoLab is part of the Convention on the Rights of the Child and is aligned with the UN Agenda 2030 to eradicate poverty and promote prosperity and well-being. The Collaborative Lab will function as an Interdisciplinary Competence Centre and intends to contribute to the promotion of healthy development and social inclusion of children (0-10 years old) in situations of poverty and high psychosocial risk. The ProChild Association integrates (1) a Social Intervention Area grounded in four fundamental units: Health and Wellbeing; Development and Education; Social Participation, Citizenship, and Gender; Protection against Violence, Exploitation, Abuse, and Negligence; and (2) a Social Technology CoLAB Area, including Living labs anchored on a Digital Unit and on a Nanotechnology Unit. School of Law and JusGov will contribute in the Protection against Violence, Exploitation, Abuse, and Negligence unit, which aims to develop and implement an integrated and scientifically based assessment and intervention model to improve the quality of the Child Protection System (CPS). Specific strategies to increase the success of family reunification and adoption will be implemented, as well as the development, implementation and evaluation of training programs for psychologists and social workers and other professionals from other relevant areas (e.g., law, education, health); and the definition of guidelines and systematic advocacy actions for legal and social policies concerning child protection and welfare issues (e.g., open adoption, audience, participation, and effective representation of children in court).
Duration: 5 years
PI (at JusGov): Cristina Dias
Team (at JusGov): Anabela Gonçalves, Margarida Santos
Partners: UPorto; UCoimbra, Faculdade de Psicologia da ULisboa; CES; Universidade Nova Lisboa; ISEG; UCP; UAveiro; Pedrosa & Rodrigues, SA; Irmãos Rodrigues Confecções, SA; Comissão Nacional de Promoção dos Direitos e Proteção das Crianças e Jovens (CNPDPCJ); Câmara Municipal de Guimarães; Santa Casa da Misericórdia de Lisboa (SCML); Fundação Vasco Vieira de Almeida; SONAE.
Psychological trauma, criminal justice system and secondary victimization
Description: This project aims to draw trauma into the frame of criminal justice and is based on the premise that the criminal justice system might constitute a space of re-victimisation and re-activation of traumatic symptoms or be a source of support and recovery for victims of crime. Overall, this research project intends to understand how psychological trauma of crime victimization may affect and be affected by the contact and participation of the victim in criminal justice proceedings. This research pursues two main objectives: 1) to explore how psychological trauma may impact upon victims’ ability to understand, cope, and engage with the criminal justice system, and 2) to understand the ways in which the criminal justice system addresses, manages, and incorporates psychological trauma of crime victims into its practices and procedures. This study aims to bridge the gap in research on psychological trauma and to help to incorporate trauma knowledge into criminal justice. Ultimately, this knowledge, when converted into practices, may reduce experiences of secondary victimisation and contribute to the victim’s psychological recovery.
Duration: 1 February 2019 – 31 January 2022
PI: Helena Grangeia
Team: Madalena Sofia Oliveira, Manuel Simas Santos, Margarida Santos, Marisalva Fávero, Olga Cruz
Robotics, Society and Labour
Description: This project aims to research the modifications arising out of the introduction of robots in daily life and its impact on law, in the context of organizational modifications and its subsequent need for adaptation of legal rules. This project will start from the computational reality, alongside the most recent technical developments and begin a process of legal reflection on the consequences of the introduction of software and robots with higher and higher degrees of autonomy. The technical concepts will be the starting point. It is intended to consider the adaptation of concepts from computational science to the legal framework. These concepts include “agent” and “object” as well as “robot” and “mechanism. From this, traditional legal concepts and institutes shall be revisited. The problems of will considering the existence of intentional states in software and robots shall be equated. And, from this, the traditional legal institutes of liabilities and torts, in both civil and criminal domains, will be questioned and developed. This will be done in full consideration of the characteristics of new electronic entities, mainly autonomy, the capacity of learning, pro-activity and sociability. The impacts on organized society will then be analysed. This will be done at both the level of public administration, considering the transformation and adaptation of the urban areas to a new connectivity and interactivity (smart cities) and at the level of entrepreneurial organizations, with particular focus in the modifications that will necessarily occur in the domain of labour relationships.
PI: Francisco Andrade
Co-PI: Teresa Coelho Moreira
Team: Diogo Azevedo, Joana Covelo de Abreu, Marciele Berger Bernardes, Paulo Jorge Freitas Novais, Pedro Freitas, Sónia Moreira, Tiago Azevedo
Partners: Centro de Investigação Algoritmi (University of Minho), Telles e Associados – Sociedade de Advogados
Social Europe – Unconditional Basic Income (UBI)
Description: Portugal, as many other Member-States of the EU, in collaboration with the European Commission and partners of civil society will organize several «Encounters with Citizens» in order to debate Europe and its future. These events will take place throughout 2018 and 2019, and the outcome of these consultations will be presented to the European Council. A team of JusGov researchers will take part in the debates which,after consultations with Portuguese Government, will focus on the topic Social Europe: The hypothesis of a Unconditional Basic Income. The first conference on Social Europe and UBI will be held in Vila Real on October 27 2018. JusGov researchers will contribute with papers on the ethic foundations of UBI, on the possibility of creating European taxes to fund UBI, and on UBI and the Constitution. The conclusions of the first debate will be presented by a rapporteur to the Secretary of State of European Affairs and to the general public attending the conference who are expected to share their opinions and contribute further to the debates. The outcome of this final debate will materialize in a policy paper to be delivered to the Portuguese Government by the middle of November 2018 so that it prepares the Portuguese conclusions on the debate about Europe to be presented to the European Council. There will be a final two day conference on January 24-25 2019, which will have Philippe Van Parijs as keynote speaker and will count on the presence of representatives from the European Commission, the Portuguese Government and of experts from around Europe to debate Social Europe and UBI. An edited volume will bring together the research papers produced in the context of the project.
PI: João Sérgio Ribeiro
Team: Sofia Pinto Oliveira, Benedita Mac Crorie, Clara Calheiros
Partners: Centre for Ethics, Politics and Society, Catholic University, UTAD (University of Trás-os-Montes e Alto Douro), the Portuguese Government Secretary of European Affairs and the Portuguese Representation of the European Commission.
Funding: Portuguese Government
Transnational Migration, Citizenship and the Circulation of Rights and Responsibilities (TRANSMIC)
Description: Initial Training Network implemented by a consortium led by Maastricht University. The overall aim of the project is to contribute to the understanding of transnational migration, in particular by looking at the conditions for and effects of transnational migration, possibilities for the mobility of migrants’ rights to be enhanced, and the links between migration, citizenship, and migration and development. The University of Minho hosted a PhD candidate who developed a research project on the possible legal and policy relevance of Mobility Partnerships with third countries, with the Mobility Partnerships with Cape Verde and Morocco as case studies.
Duration: 1 September 2014 to 31 August 2018
PI (at JusGov): Patrícia Jerónimo
Team (at JusGov): Clara Calheiros, Fanny Tittel-Mosser, Maarten Vink, Pedro Froufe, Sofia Pinto Oliveira
Partners: Maastricht University, University of Liège, Oxford University, University of Aix-Marseille, University of Tampere, University of Warsaw, Centre for European Policy Studies (CEPS), University of Minho
Funding: Project funded by the European Commission under the Marie Curie Actions framework
Diseño y establecimiento de mecanismo de concertación permanente entre las administraciones gallego-portuguesas para favorecer la ubicación y atracción de empresas industriales en la Eurorregión[Design and implementation of a permanent cooperation structure between the Portuguese and the Galician administrative authorities in order to foster the placement of industries on the Euro-region] (UBIQUA)
Description: UBICUA deals with challenges emerging from cross-border co-operation. Its goal is to effectively contribute to improve the level of efficiency of local and regional administrative authorities, namely their ability to interact with private companies and citizens willing to engage in economic activities inside the Euro-region. The research in UBICUA will focus on the comparative study of the existing legal framework on both sides of the border, in order to suggest possible changes and improvements that could work in favour of better governance. This is considered to be key for the setting of an attractive economic environment that could stimulate the performance of the Euro-region’s economy. One of the expected outcomes is the creation of a permanent co-operation structure between the Portuguese and the Galician regional and local authorities aimed at improving labour mobility, the development of a common communication and marketing strategy and a coordinated plan to attract private investors. This consortium consists of leading experts on the topics concerned, and is diverse in many ways: it includes academic and non-academic institutions (enterprises, public authorities, among others) in the north of Portugal and in Galicia.
Call: EP – INTERREG V A España Portugal (POCTEP)
PI (at JusGov): Clara Calheiros
Team (at JusGov): Joaquim Freitas da Rocha, Isabel Fonseca, João Sérgio Ribeiro, Maria Miguel Carvalho, Teresa Coelho Moreira
Partners: University of Santiago de Compostela, University of Minho, University of Porto, InvestBraga, CEVAL – Confederação Empresarial do Alto Minho, Comissão de Coordenação e Desenvolvimento Regional do Norte (CCDR-N), CEP – Confederación Provincial de Empresarios de Pontevedra, IGAPE – Instituto Gallego de Promoción Económica.
Desafíos del Mercado Financiero Digital: Riesgos para la Administración y los inversores (Innovación 4.0.) [Challenges of the Digital Financial Market: Risks for the Administration and the investors (Innovation 4.0.)]
The Project Challenges of the digital financial market: risks for the Administration and investors, brings together a large group of researchers from the Universitat de València and other national and foreign universities that have spent years studying in depth the financial law and the protection of investors. The research group is a consolidated group that has had the support and support of two previous research projects, one national and one regional, and in this project addresses the digitalization of the financial market, in particular, the stock market by delving into the lines of research that takes time developing. The analysis is made from a necessarily interdisciplinary approach, but always having as an agglutinating element the impact of the new scenario on the regulatory functions of the Administration and on the small investor. The project revolves around five axes. The first of them, addresses the delimitation and analysis of virtual currencies and fintech companies from the public perspective. The aim is to examine the appropriate legal response for each of these figures, based on the traditional regulatory frameworks of the legal system, especially that of prior authorization. In this axis requires the collaboration of both administrators, who know in depth this technique of public intervention in economic activity, and mercantilists, who show us the complex reality that digitalization is introducing in the market. The second of the axes deals with the digitalization of the regulatory Administration: the CNMV. The study here will address two fundamental issues, the progressive inclusion of blockchain technology in specific functions, such as registration, and secondly, the need to adapt its supervision procedures to the new environment. The third of the axes is dedicated especially to the consumer investor and it will examine the advantages and disadvantages that the techno-financing is producing. Regarding the fourth axis, it deals with the adequacy of investor conflict resolution in this context through fast-track channels that fit into this new dimension of the securities market. That is why online mediation will be examined in response to the digitization of securities market services. Finally, the last of the research axes addresses the risks of digitizing stock markets from other non-administrative public perspectives. The connection here between this digitalization of the financial market with crimes such as money laundering or the affection of these new entities to the protection of personal data will be analyzed here.
Call: Ministerio de la Ciencia, Innovación y Universidades (Spain)
Partners: Universitat de Valencia
Ethical and legal challenges of data-driven decision-making in health and autonomous systems
Description: The Action aims at understanding the interaction between law/ethics and big data technologies. It strategically focuses on how the data-driven revolution is unfolding in two critical areas: biomedicine and robotics. These two fields have been chosen for their complementary scientific, socio-economic and ethical/legal implications. Big data in medicine has the potential to innovate in different fields such as knowledge production, clinical practice, insurance markets and health services. In the field of robotics, big data has revolutionary effects in areas such as autonomous vehicles and large-scale work automation with disruptive implications on the consumer and job market. These two fields suggest two complementary ways of interaction: in biomedicine big-data tools support human decision while in robotics they seem to replace it. This will strategically allow sketching the role of the results of BD tools in a broader spectrum of decision-making. After developing a preliminary overview on Law/Ethics and Big Data technologies (e.g. the rules regulating Big Data, Internet Research Ethics -IRE-, data ownership, responsibility, Intellectual Property Rights -IPR, privacy and more), the Action will focus on these two complementary areas, medicine and robotics, which constitute its laboratory bench. The Action brings researchers, engineers, scholars and other stakeholders in medicine, robotics and big data together with expert jurists and ethicists, with the goal of developing a strong interdisciplinary approach. This highly interdisciplinary network of international experts will be able to face timely scientific, technological, ethical and legal challenges.
Team (at JusGov): Maria Miguel Rocha Morais de Carvalho Castro Martins, Pedro Freitas, Eva Sónia Moreira da Silva, Maria Clara Calheiros Carvalho, Anabela Susana de Sousa Gonçalves
Partners: Main Proposer – Amedeo Santosuosso (University of Pavia – Italy); Other secondary proposers: Adam Poulsen (Charles Sturt University [Faculty of Business, Justice and Behavioural Sciences] Australia); Dipak Kalra (The European Institute for Innovation through Health Data (i~HD) [c/o University Hospital Gent 5K3, Unit of Medical Informatics and Statistics], Belgium); Radim Polcak (Masaryk University), Czech Republic; Klaus Hoeyer (University of Copenhagen [Public Health], Denmark); Rachel Douglas-Jones (IT University of Copenhagen [Business IT], Denmark);Irene Kull (University of Tartu), Estonia; Ulrich Sax (University Medical Center Göttingen [Medical Informatics], Germany); Gordon Cheng (Technical University of Munich [Chair for Congitive Systems], Germany); Susanne Beck (Leibniz University Hanover [Kriminalwissenschaftliches Institut], Germany); Christoph Busch (University of Osnabrueck [European Legal Studies Institute], Germany); Aneta Wiewiórowska (Osnabrück University), Germany; Giorgio Metta (Istituto Italiano di Tecnologia), Italy; Riccardo Bellazzi (Università di Pavia), Italy; Gabriella Bottini (University of Pavia), Italy, Guglielmo Tamburrini (Universita’ di Napoli Federico II), Italy; Roberto Prevete (University of Naples Federico II [Department of Electrical Engineering and Information Technology (DIETI], Italy); Francesco Isgro’ (Università degli Studi di Napoli Federico II [Ingegneria Elettrica e delle Tecnologie dell’Infromazione], Italy); Anna Corazza (Università di Napoli “Federico II” [Department of Electrical Engineering and Information Technology (DIETI)], Italy); Giulia Pinotti (Università di Milano, Italy); Marta Santos Silva (University of Maastricht [Faculty of Law], Netherlands); Michel Dumontier (Maastricht University, Netherlands); Tamar Sharon (Maastricht University [Philosophy Department, Faculty of Arts and Social Sciences], Netherlands); Linnet Taylor (Tilburg University [Tilburg Institute for Law, Technology and Society (TILT)], Netherlands); Robin Pierce (Tilburg University [Tilburg Law School, Tilburg Institute of Law and Technology], Netherlands); Jan Smits (Maastricht University [Faculty of Law], Netherlands); Gijs van Dijck (Maastricht University),Nerherlands; Caroline Cauffman (Universiteit Maastricht [Private law, Mepli, Cerim], Netherlands); Catalina Goanta (Maastricht University), Netherlands; Jose Santos-Victor (Instituto Superior Técnico, Universidade de Lisboa [Institute for Systems and Robotics, ISR-Lisboa], Portugal); Maria Regina Redinha (University of Porto [Faculty of Law/ CIJE – Centre for Legal and Economic Research], Portugal); Henrique Sousa Antunes (Universidade Católica Portuguesa [Faculty of Law], Portugal); Gregor Štiglic (University of Maribor – University of Maribor Faculty of Health Sciences), Slovenia; Alejandro Zornoza (Zorzona Abogados [IT LAW], Spain); Fernando Martin-Sanchez (Instituto de Salud Carlos III [Centre for Innovation in Chronicity, Digital Health and Systems Research], Spain); Luis Fernandez Luque (Salumedia Tecnologias), Spain; Teresa Moreno-Casbas (Instituto de Salud Carlos III), Spain; Federica Lucivero (University of Oxford [Nuffield Department of Population Health], United Kingdom); Angelo Cangelosi (University of Manchester [School of Computer Science], United Kingdom); Sylvie Delacroix (University of Birmingham [Birmingham Law School], United Kingdom); Karen Yeung (University of Birmingham [School of Law], United Kingdom); Patrick Haggard (University College London [Institute of Cognitive Neuroscience], United Kingdom); Oliver Goodenough (Vermont Law School), USA.
Traversing European Borders: Mobility, Integration and Security (TREMIS)
Description: TREMIS investigates the challenges and issues arising from cross-border mobility. On the one hand, Schengen is hailed as the greatest achievement of the EU; on the other hand, administrative, legal, and societal challenges and issues arise when people cross borders. The research in TREMIS investigates these challenges according to three sub-themes: mobility and the welfare state; mobility, identity and integration; and mobility as a security risk. Researchers in the TREMIS project will collect a rich pool of empirical data related to the tensions arising from free movement. The consortium consists of leading experts on the topics concerned, and is diverse in many ways: it includes academic and non-academic institutions in countries spread all across Europe, in both old and new EU member states, and the supervisors represent a range of backgrounds and methodological approaches. ESRs will receive high-quality, multidisciplinary training of both academic and professional skills, offered by beneficiaries or one of the partner organisations. This allows for the combination of theoretical and practical insights into the research topic. In addition, ESRs will spend time on secondment at both another beneficiary and at a partner organisation, honing their professional skills, developing their networks, and thus enhancing their career prospects. Finally TREMIS has a strong ‘science with and for society component’: the project aims to connect researchers with societal stakeholders through an active communication strategy and through a number of events such as the stakeholder meetings. The results of the TREMIS project can thus feed into public and political debates surrounding the opportunities and challenges associated with Schengen and free movement.
PI (at JusGov): Patrícia Jerónimo
Partners: Maastricht University, University of Liège, University of Minho, University of Maribor, University of Osnabrueck, University of Tampere, University of Warsaw, Queen’s University of Belfast, CEPS, SWPS University of Social Sciences and Humanities
Academic Network to perform research services on issues pertaining to Citizenship of the Union rights and related policies (EU-CITZEN)
EU-CITZEN establishes a new Academic Network on European Citizenship Rights aimed at providing the European Commission with the best independent scholarly knowledge and advice on Citizenship of the Union rights and related policies, and their implementation in EU Member States and other third countries of relevance. EU-CITZEN will secure inter-disciplinary expertise and a forum for discussion on all issues and questions to be covered in the European Commission’s 2019 Citizenship of the Union Report and the 2019 European elections. EU-CITZEN brings together a network of academic and research institutions and a Brussels-based think tank, along with a pool of national experts, which are uniquely positioned to deliver the multifaceted set of Tasks envisaged in the Tender Specifications. The Network is coordinated by CEPS (Justice & Home Affairs Programme) and by Maastricht University (Faculty of Law).
JusGov researcher Patrícia Jerónimo is country expert for Portugal.
Project website: https://www.ceps.eu/projects/eu-citzen-project
Aliens before the European Court of Human Rights: Ensuring Minimum Standards Protection
This project aims to examine the case-law of the European Court of Human Rights (ECHR) in immigration, asylum and refugee cases in its application and interpretation of the European Convention on Human Rights. In the last thirty years, through a set of landmark cases combined with a myriad of less known cases, the ECHR has established a corpusof cases that regulate the fundamental rights of aliens in Europe and that lay down negative and positive obligations of the States, and the limits and conditions for State action (legislative, executive and judicial) in this field. That jurisprudence is also relevant nowadays because it lies the foundations of EU Law in this area, it has been a source of interpretation for the EU institutions before the adoption of the European Union Charter of Fundamental Rights, inspired its adoption and clearly influences its interpretation. The project is coordinated by David Moya and Georgios Milios from the University of Barcelona and will be developed with the support of a regional government grant and the Migration Studies and Research Centre at the Autonomous University of Barcelona. There are researchers from several institutions involved, namely from the University of Friburg, Suleyman Demirel University, University of Cadiz, University of Reading, University of London, University of Milan, University of Rome La Sapienza and the International Organization for Migration.
Collective Bargaining and the Gig Economy – New Perspectives – COGENS
This Project follows the path of previous research by the INLACRIS team. Since its first works in 2010, the approach has changed to a great extent. The traditional structures of collective bargaining have been decisively affected by the crisis, as well as important features of the labour market. The current scenario can be described as a never-before perceived evasion of labour law, where traditional structures are eroding.
The challenges labour law is facing right now due to the gig-economy, digitalization and the erosion of the employment contract promise to be severe and long-lasting. The main proposal of this project is a deeper look into collective bargaining as possible instrument to tackle the problems arising from the changes in the standard employment relationship. In 2014, President Juncker declared in his Political Guidelines: “The social market economy can only work if there is social dialogue. Social dialogue suffered during the crisis years. Now it must be resumed at national and especially at European level”. Accordingly, the European Pillar of Social Rights, in its Paragraph 8 refers to social dialogue as one of the main elements of Social Europe, emphasizing the importance of collective agreements. This reference to social dialogue seems to be fruitful and promising at the same time because in most of the European countries, non-standard employment relationships are not covered by labour legislation. Collective agreements, though, could quite easily provide a means for including persons working in the gig economy- context and thus granting minimum protection, as reflected by the ILO-report on non-standard employment. Contrary to recent developments and the decline in collective bargaining, the challenges of the gig-economy-labour market could therefore lead to a renaissance of collective bargainingas a central regulatory instrument in labour law. The organizations participating in this project are a total of 21, representing 17 countries. All the partners have a well-proved expertise in Labour Law, and many of them have already an independent research on the gig economy, digitalisation and artificial intelligence in relation with the labour market.
JusGov researcher Teresa Coelho Moreira is country expert for Portugal.
Council of Europe Study on Human Rights Aspects of Integration Policies
The study seeks to examine the human rights aspects of integration policies and measures of immigrants in a selection of Council of Europe (CoE) member states. It aims to assess integration policies and measures presenting a compulsory and restrictive nature in light of equal access to human rights and legal standards developed by the European Court of Human Rights, the Court of Justice of the European Union and CoE monitoring bodies and mechanisms.The Study will map and analyse examples of civic integration policies presenting a mandatory nature in selected CoE Member States: Denmark, France, Germany, Greece, Hungary, Italy, Portugal, Sweden, Turkey, the Russian Federation and the UK. As part of the study, an e-survey will be distributed among experts in all these countries to gather information on practical use and implementation of these policies. The project is funded by the Special Representative of Migration and Refugees of the Council of Europe (CoE) and implemented by the Migration Policy Centre at the EUI in Florence.
JusGov researcher Patrícia Jerónimo is country expert for Portugal.
Project website: http://www.migrationpolicycentre.eu/research/
European Law and Technology Network
The European Law and Technology Network is an initiative of two scholars affiliated with Dutch universities: Sofia Ranchordas has published extensively on the regulation of digital platforms and comparative public law. She is currently based at Leiden Law School and as of October 1st, 2017, she will be Chair of European & Comparative Public Law and Rosalind Franklin Fellow at Groningen Law School. Sofia is also affiliated with the Information Society Project at Yale Law School. Catalina Goanta is an Assistant Professor of Private Law who writes on consumer law, innovation policy, and is behind a number of local and international law and technology initiatives. While many decades ago, the field of law and technology was focused on the study of intellectual property, more recently, legal scholars have extended their interest in technology to other fields such as the regulation and governance of the Internet, privacy and cybersecurity, data collection, digital platforms, artificial intelligence, and blockchain. The European Law and Technology Network brings together scholars from different nationalities and fields of research that are trying to understand how technology works and how law should respond to its challenges.
JusGov researcher Maria Miguel is a member of the Network.
Network website: http://europeanlawtech.eu/
GLOBALCIT is a programme committed to fact-based and non-partisan analysis of citizenship laws and policies around the globe. As of 1 January 2017 GLOBALCIT is part of the Global Governance Programmeand the successor of EUDO Citizenship,which started in 2009 with an initial focus on citizenship laws in the EU Member States and gradually expanded its thematic and geographic scope. The new name reflects the Observatory’s worldwide coverage. GLOBALCIT addresses the need to understand the varieties of citizenship laws and policies in a globalised world, where national perspectives no longer suffice to explain the transformations of membership. It provides reliable and comparative data on the content, causes and consequences of the laws that govern the acquisition and loss of citizenship and the franchise. It enables scholars, policy-makers, and the general public to critically analyse how citizenship connects people across international borders. GLOBALCIT publishes databases, analyses, indicators and debates on citizenship status and electoral rights. It relies on a large international network of country experts who write country reports, collect legal documents and provide input for our comparative databases. Its user-friendly interactive tools enable the comparison of data across countries and over time.
JusGov researcher Patrícia Jerónimo is country expert for Angola, Brazil, Mozambique, Portugal and Timor-Leste.
Project website: http://globalcit.eu/
International Consumer Protection Committee of the International Law Association
The International Law Association has the scope of studying, clarifying and developing international law, both public and private, and the furtherance of international understanding and respect for international law. The ILA has consultative status, as an international non-governmental organization, with a number of the United Nations specialized agencies. The ILA’s International Committees are established to undertake research and to prepare reports on carefully selected areas of international law (public, private or commercial). These reports are discussed and considered by the membership and other interested parties at the Biennial Conferences. The reports take various forms: a re-statement of the law; a draft treaty or convention; an elaboration of a code or rules or principles of international law; or a review of recent developments of law or practice. The International Consumer Protection Committee is one of the committees of the International Law Association. The current Committee’s mandate includes a study of the role of public and private international law to protect consumers, the review of the Guidelines, Model laws and Treaties, as well as national legislations concerning protection and consumer redress, especially in the context of conflict of laws and jurisdiction. Since its creation, the Committee has addressed three issues: (1) the impact of the financial crisis on consumers and its international dimension; (2) the issue of consumer redress in cross-border transactions and the role of international law to protect consumers; (3) International Organizations dealing with consumer protection.
JusGov researcher Anabela Gonçalves is member and national rapporteurof the committee.
Network of International Civil Procedure (Rede de Direito Processual Civil Internacional)
Network of International Civil Procedure is a research network that involves professors of Private International Law and other academics that study private international law situations in the perspective of the conflict of jurisdictions. The Network of International Civil Procedure gathers academics from several Brazilian, Spanish and Portuguese universities trying to get them together in research projects, conferences, and studies about topics in international civil procedure, namely, the general theory of international civil procedure, international jurisdiction, judicial international cooperation, international arbitration, provisional measures, international employment jurisdiction. The of International Civil Procedure is coordinated by the University of Brasília, the University Federal of Uberlândia, PUC-Campinas University and the University of Valencia.
JusGov researcher Anabela Gonçalves is one of the Portuguese members of the network.
Social and economic constitutionalism: new challenges for the Rule of Law in Europe
This project aims to evaluate how the changes in the EU in recent years have modified the role that European and national actors have regarding key decisions for European citizenship and that were affected by the changes that followed the euro crisis. The questions that the project wants to address are the following: Who decides public policies and how, EU institutions or national institutions? What courts are protecting and how social rights? Is there a legal vacuum or is it necessary to rethink the system?This project is financed by the Spanish Government and is coordinated by Maribel Gonzalez Pascual and Aida Torres Pérez, from the Pompeu Fabra University, in Barcelona. There are researchers from several institutions involved, namely from the Salamanca University, Basque Country University, IE Business School, Trento University, Scuola Superiore Sant’Anna (Pisa), Federico II Naples University, Calabria University, Maastricht University, Copenhagen University and Aristotle University of Thessaloniki.
UNALEX – The Portal to International Law (international, multi-lingual information system on European and international private law and international procedural law)
Unalex is an international information system on European and International Uniform Law with special emphasis on international private and civil procedural law. The information and factual material of unalex is continuously updated and developed further. Unalex is multilingual. Therefore the information provided is identical in the variety of the relevant legal systems for all users. Users can navigate through unalex in five different languages so far. The information offered via the system unalex is prepared and translated into all these languages. The particular unalex language concept aims to facilitate the cross-border acquisition and exchange of information on International Uniform Law. The unalex product range comprises i.a.: the unalex collection of court cases of more than 8000 deliberately chosen decisions with guiding principles; the unalex Compendium, a systematic collection, assigned by articles, with explanations and summaries of principles on selected legal instruments. A direct link with the unalex case collection ensures that the most up to-date Compendium is accessible; legislative texts and materials on Uniform Law. The project was developed by the IPR Verlag Munich (Germany), University of Innsbruck (Austria), Università degli Studi di Genova – DDG (Italy); a Právnická fakulta Univerzity Karlovy v Praze (Check Republic); SIA “Rígas Juridiská augstskola”, Latvia (Leetonia); Universitat de València (Spain); University of Zagreb – Faculty of Law (Croatia) and was co-financed by the European Union.
JusGov researcher Anabela Gonçalves is national correspondent for Portugal.
Project website: https://www.unalex.eu/
Varieties of Democracy (V-DEM)
Varieties of Democracy (V-Dem) provides a multidimensional and disaggregated dataset that reflects the complexity of the concept of democracy as a system of rule that goes beyond the simple presence of elections. The V-Dem project distinguishes between five high-level principles of democracy: electoral, liberal, participatory, deliberative, and egalitarian, and collects data to measure these principles. With six Principal Investigators (PIs), seventeen Project Managers (PMs) with special responsibility for issue areas, more than thirty Regional Managers (RMs), 170 Country Coordinators (CCs), Research Assistants, and 3,000 Country Experts (CEs), the V-Dem project is one of the largest social science data collection projects focusing on research. The Headquarters is based at the V-Dem Institute, the Department of Political Science at the University of Gothenburg, Sweden.
JusGov researcher Patrícia Jerónimo is Country Coordinator on Timor-Leste
Project website: https://www.v-dem.net/en/