European Commission

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International Governance

Can the UK Rescind Its Withdrawal from the EU?

Events in Washington may overshadow what's happening around the world, but nobody can miss the confusion that attends the British government right now. Two ministers have resigned over Brexit, and the furture of Britain’s negotiations with the European Union is radically uncertain. All of which led me to an odd musing—what if Britain changed its mind? Not that it is terribly likely to happen, but what would be the result if the U.K. decided it wanted to stay in the EU?

Privacy Paradox

Europe Is Deeply Unserious

Being an American is tough these days. One has to explain a lot to foreigners that is inexplicable. Then, along comes Europe to show that congential foolishness is not a uniquely American trait. Consider this bit of privacy imperialism from the European Court of Justice. Apparently the court thinks that Canada's data privacy laws—CANADA!—is inadequate to protect European privacy.

Cross-Border Data

Trump Puts U.S.-EU Privacy Shield At Risk

The U.S.-EU Privacy Shield framework, the agreement between the U.S. government and the European Commission that enables continued flows of commercial data from Europe to the United States, is undergoing its first annual review by the Commission and other European institutions. A report on their review is due in September. In the longer term, the Privacy Shield faces potential legal challenges in the Court of Justice of the European Union. [Disclosure: I have advised legal clients on the Privacy Shield and legal challenges.]


The EU-Turkey Deal: Expediency Trumps the EU’s Higher Calling

The deal between the EU and Turkey to manage the flow of refugees from Syria, made public at the end of the European Council meeting on March 18, has big potential benefits for both the EU and Turkey. But it has big costs as well. If successful, it will stem the tide of refugees, help prevent the collapse of the Greek state, allow the EU to start healing its own wounds and prepare the ground for a more orderly placement and distribution of the refugees.

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