e-Repositori UPF :: Master in European and Global Law

Recent Submissions

The challenges of tackling greenwashing in sports mega-events
(2025) Sampaio Monte de Macedo, Lucas
This thesis investigates the phenomenon of greenwashing in Sports Mega-Events (SMEs), particularly within the governance frameworks of FIFA and the International Olympic Committee (IOC). While both institutions have formally adopted sustainability commitments in recent decades, their implementation remains inconsistent - often lacking transparency, measurable outcomes, and enforceable oversight. As a result, host countries and organizing bodies frequently resort to exaggerated or misleading environmental claims that distort public perception – a practice known as greenwashing. Focusing on the Olympic Games and the FIFA Men’s World Cups, the study adopts a qualitative methodology combining legal analysis and literature review. Through case studies of the 2022 FIFA World Cup in Qatar, the 2024 Paris Olympic Games, and the upcoming 2026 World Cup in North America, the research reveals how sustainability rhetoric is often used as a tool of soft power, without corresponding environmental accountability. These events, despite bold claims of being “climate-neutral” or “green revolutions”, frequently lack transparency and rely on dubious offset strategies. The research concluded that FIFA and the IOC’s sustainability governance is currently vulnerable to systemic greenwashing due to the lack of governance frameworks and enforcement mechanisms in the bidding process and Host Agreements. The thesis proposes governance-based policy recommendations that the International Sporting Organizations (ISOs) should adopt in their SME frameworksto improve accountability and transparency, and ultimately, prevent the practice of greenwashing, a necessary measure for SMEs to become legitimate platforms for environmental progress.
Mediatisation in international law: the rise of the individual
(2025) Avallone, Angelo
The status of the individual under international law, specifically referring to a singular human being, has been as extensively debated as it has been controversially hypothesized, concluded, and contested. Indeed, the significance of this issue is evidenced by the fervent debates surrounding it—solutions diverge as widely as the justifications for them, with their roots embedded in philosophy and history, natural law and positive law, alongside political considerations. The result is a domain wherein virtually any resolution to the question can be found, leaving even the most fundamental definitions—such as subjectivity, mediatisation, or human rights—subject to disagreement. It is precisely in this context that this master’s thesis seeks to identify specific intersections with a singular aim: to articulate mediatisation in such a way that it can be employed as an abstract concept to address contemporary phenomena in the realm of international law. This thesis adopts the term mediatisation to describe the structural and procedural requirement that individuals, despite holding substantive rights under international law, must channel those rights through a state or another intermediary to access international legal fora or remedies. The scholarly approach undertaken here is resolutely stringent: it endeavors to define the most significant notions that have been thoroughly explored by other academics, uncovering their abstract legal (positive as well as natural) foundations and synthesizing them to construct a current, operational concept of mediatisation. In doing so, it must be emphasized that, for mediatisation to function as a distinct qualification, it must be carefully distinguished from other ongoing legal developments. Once this concept is formulated, the next logically requisite step is to apply it to the present-day legal landscape.
Player rights and anti-doping sanctions in the EU: a legal analysis of the compatibility of the ineligibility period under the 2021 WADC with EU law
(2025) Tkabladze, Giorgi
This thesis presents a legal analysis of the current anti-doping rules established by the World Anti-Doping Agency, focusing on the default ineligibility period and its compatibility with EU law. It will discuss the rights of players in the sports legal ecosystem in the EU and specifically analyze ifthe default ineligibility period under the 2021 World Anti-Doping Code violates these rights under EU law. While the fight against doping is legitimate, whether the sanctions imposed on individuals are fair and justified under EU law is often debated. The analysis is mainly based on the doctrine developed by the CJEU in the Meca-Medina ruling. The latter is the landmark case, which provides guidance for the future. The Meca-Medina allows restrictions from doping sanctions on an individual’srights if they are inherent to achieve the legitimate objective and proportionate to those objectives. The thesis finds that the proportionality of anti-doping rules is directly linked to the suspension period established in the World Anti-Doping Code. It argues that current default ineligibility periods may go beyond what is necessary to achieve the legitimate objective, therefore violating players’ rights provided by EU law, including economic and fundamental rights. Thus, the proportionality test will be significant for the matter discussed.
Impunity or accountability?: an analysis of the effectiveness of article 27 of the Rome statute post al-Bashir
(2025-06) Judd, Thomas Edward
This thesis examines whether Article 27 of the Rome Statute has fulfilled its promise of ending impunity for heads of state in the post al-Bashir era. Article 27 removes official capacity as a bar to prosecution before the International Criminal Court, establishing that heads of state do not enjoy immunity before the Court. However, its application and enforcement remain highly contested. The thesis explores whether, despite the clear legal precedent set by the International Criminal Court’s ruling in al-Bashir, Article 27 functions more as a symbolic provision than an enforceable rule. Through legal analysis and case studies, including recent warrants against Vladmir Putin, Benjamin Netanyahu, and Rodrigo Duterte, this thesis assesses both the reach and limitations of Article 27 in practice. It finds that although the al-Bashir and Jordan non-compliance rulings clarified that Article 27 overrides head of state immunity even for non-State Parties, enforcement remains fragmented. International Criminal Court State Parties continue to resist co-operation when politically inconvenient, and non-State Parties often reject the International Criminal Court’s authority entirely. The thesis also examines the interaction between Articles 27 and 98, sovereignty-based resistance, selective justice concerns, and geopolitical challenges. Despite these barriers, Article 27 continues to shape expectations around accountability and impunity, even if it falls short of full enforcement. It concludes that Article 27 has not yet achieved its promise of ending impunity, but it remains normatively powerful. Its symbolic value could still evolve into a binding custom, provided that states act in accordance with its principles. The thesis argues that a combination of institutional reform, diplomatic engagement, and support for domestic capacity-building will be necessary for Article 27 to shift from a symbolic norm into a functional tool of international criminal accountability that ends impunity for heads of state and aids in realising the International Criminal Court’s mandate.
Between empowerment and control: AI-enabled brain-computer interfaces, fundamental rights, and the quest for a European legal framework
(2025) Bonelli, Francesca
As artificial intelligence and neurotechnologies are merging together, the borders between human cognition and digital systems are blurring. These technologies promise significant benefits in healthcare and assistive communication, but they also introduce complex legal challenges related to mental privacy, data protection, and cognitive manipulation. This thesis addresses the regulatory gap in the European Union concerning the absence of a coherent legal framework for governing AI-enabled brain-computer interfaces. The research investigates how the EU can regulate BCIs in a way that safeguards fundamental rights, anticipates dual-use risks, and supports innovation. Adopting a comparative and interdisciplinary methodology, the thesis analyses key European instruments, including the GDPR, and the AI Act, alongside national developments in Chile, Colorado (USA), and Spain. The findings reveal at least seven structural weaknesses in the EU framework: lack of recognition of neurorights; inadequate categorisation and protection of neural data; exclusion of neurotechnologies from export control regimes; weak individual safeguards under the AI Act; fragmented oversight; overlapping norms; and the absence of a strategic EU vision. By contrast, Chile has elevated neurorights to constitutional status; Colorado has granted enforceable protection to neurodata; and Spain is trying to move the European Union towards the recognition of neurorights through the promotion and adoption of ethical charters and policy papers. Based on this analysis, the thesis proposes the creation of a dedicated European legal instrument on neurotechnology, grounded in the recognition of neurorights as extensions of existing fundamental rights. It calls for precise legal definitions, stronger protections for neural data, and a centralised governance mechanism for high-risk applications, particularly in military contexts. A forward-looking and integrated regulatory approach would allow the EU to shape neurotechnology governance in line with its core values of dignity, autonomy, and democratic accountability.
The legal and administrative challenges for the decent work right protection: a case study on lower-skilled TCN workers in Malta
(2025-06) Ramón Vera, Laura Daniela
This thesis investigates the structural and legal shortcomings that hinder the protection of decent work rights for lower-skilled Third-Country National (TCN) workers in Malta. Although the country formally adheres to key international and EU labour standards, a gap persists between legal frameworks and their enforcement. The study contends that this failure to protect arises not only from legislative deficiencies but also from deeper institutional dysfunction, which encompasses corruption, bureaucratic inefficiency, and limited transparency. The research employs a threefold methodology: a legal comparative analysis, a survey of TCNs’ lived experiences, and an institutional assessment leading to policy recommendations. The legal analysis reveals Malta’s partial transposition of core labour rights instruments while highlighting systemic issues in areas such as unfair dismissals, access to information, and dispute resolution. Empirical findings from a survey of 43 participants illustrate widespread labour abuses, including wage theft, unsafe working conditions, discrimination, and a pervasive mistrust of institutions. The final chapter identifies structural weaknesses, including the employer-tied work permit system, the absence of regularisation mechanisms, and the exclusion of irregular migrants from labour protections. To address these challenges, six recommendations are proposed: decoupling migration status from employment, introducing fair regularisation pathways, reinforcing public-private protection networks, certifying employers in human rights standards, mandating occupational safety training, and enhancing institutional accountability through transparency and ethics reforms.
The judicial dialogue between the court of justice of the European Union and the German federal constitutional court: a relation of cooperation or tension?
(2025) Siebold, Jonas
The thesis examines the judicial dialogue between the Court of Justice of the European Union (CJEU) and the German Federal Constitutional Court (BVerfG). Their relationship is often described as one of “cooperation”, a terminology chosen by Karlsruhe itself in its Maastricht judgment. It expresses the German Basic Law’s openness to European Integration. For understanding thisrelationship, it is important to outline their perspectives on the principle of primacy of EU Law. Even if there is a general consensus on the primacy principle, both differ considerably in reasoning and reach. While the CJEU ruled in Costa/E.N.E.L. that there is an absolute primacy due to the autonomous nature of EU law, the BVerfG considers this to be only relative. Grounded on the German constitution, it reserves itself three reservations of control, a fundamental right review, an ultra vires review and a national constitutional identity review. Both approaches are logically unassailable based on their respective premises. There is no superior authority that could bindingly determine which premise is correct. This repeatedly causes tensions. In its fiercely debated PSPP-judgment from 5 May 2020, the BVerfG for the first time in its history declared both a judgment of the CJEU as well as acts of secondary EU law to be ultra vires. Critically examined here must be the enormous legal but also political dimensions of the judgment. Ultimately, the big picture of the judicial dialogue between both courts reveals a fundamental requirement. Indispensable for a genuine cooperation is, that both courts mutually respect each other’s perspective to seek for balanced solutions that realise both as fully as possible.
Gatecrashing gatekeepers: evaluating the enforcement of the digital markets act against major digital gatekeepers and regulatory effectiveness
(2025-06) Allison, James C.
The Digital Markets Act 2022 represents a fundamental shift in European competition regulation, aiming to pre-emptively address the dominance of major digital gatekeepers. This thesis critically examines the effectiveness of the DMA in mitigating anti-competitive practices, its interplay with Article 102 TFEU, and its broader implications for regulatory governance in the digital era. While traditional competition law has relied upon reactive enforcement mechanisms, the DMA introduces an ex-ante framework designed to prevent the entrenchment of market power before competitive harm materialises. The study will analyse the designation of gatekeepers, key obligations under the DMA, and the enforcement mechanisms deployed to ensure compliance. By assessing early enforcement actions and corporate response, this research highlights both the successes and shortcomings of the DMA’s implementation. Whilst the regulation has compelled digital platforms to adjust business practices, continued concerns regarding compliance loopholes, regulatory agility, and potential unintended consequences for innovation remain relevant. The thesis further explores the challenges of harmonising DMA enforcement with existing competition laws and navigating the legal ambiguities arising from gatekeeper designation and obligations. Beyond the European context, the study shall further conclude with remarks on digital regulatory convergence on the global scale and how international coordination is necessary to counteract digital gatekeepers’ cross-border influence, a matter particularly relevant to the borderless nature of the digital economy. Recommendations include enhancing institutional capacity, refining enforcement protocols, and fostering stakeholder engagement to ensure the DMA remains a robust, adaptive, and effective tool in regulating digital markets. By situating the DMA within the broader evolution of competition policy, this research argues that whilst the regulation is a significant advancement, ongoing refinement and dynamic enforcement mechanisms are essential to achieving the goal of fair and contestable digital ecosystems.
The future of the European Union: existential & constitutional challenges from a human rights perspective: the case of the environment
(2025) Barrera Sosa, Ian
This thesis analyses the future of the European Union from the intersecting perspectives of Constitutional Law, Human Rights, and Environmental governance. Taking as a departure point the fact that the EU is currently facing a crisis that is existential, normative, and institutional in its nature, this work aims to expose the case for stating that the global climate emergency constitutes an illuminating case study to question the Union’s current legal and political architecture, specially when it comes to its human rights and environmental stances. While the EU’s foundational principles emphasize peace, prosperity, and fundamental rights, contemporary challenges—ranging from demographic shifts and geopolitical instability to ecological degradation—pose serious threats to its legitimacy and cohesion. Based on the Treaty of Lisbon and inspired by the Charter of Fundamental Rights, the thesis charts the development of the EU’s constitutional identity and an assessment of its current ability to implement environmental human rights. Key elements of the 2017 White Paper on the Future of Europe and the recent 2024 Draghi Report, which are carefully scrutinised to place debates such as sovereignty and strategic autonomy in the Union into perspective. The study also analyses the EU legislative package — having the European Green Deal as the cornerstone, and also considering other pieces such as the EU Emissions Trading System and the rest of the legislation on sustainability and due diligence — in the context of existing international legal obligations and recent case law, highlights the advancements and shortcomings evidenced in human rights terms. Ultimately, this essay aims to offer a critical reflection on the State of the Union in front of these global challenges and its role in their world and upon its citizens: whether, amid rising internal and external fragmentation, the Union can reassert itself as a legitimate and capable actor, committed to a sustainable and rights-based future.
Trabajo doméstico y migrantes latinoamericanas en España: perspectiva Interseccional y poscolonial
(2024-06) Lorusso, Camila Belén
Esta tesis analiza la situación de las mujeres latinoamericanas que se insertan en el ámbito doméstico en España desde un enfoque interseccional y poscolonial. El Real Decreto-Ley 16/2022 ofrece mejoras a las empleadas domésticas, principalmente en lo relativo a la protección por desempleo, pero en su impacto sobre las migrantes interactúa con otras estructuras de poder e instituciones. La falta de perspectiva interseccional en el Decreto-Ley resulta en una protección insuficiente para las trabajadoras domésticas, especialmente para las que se encuentran en situación irregular. La desigualdad estructural perpetúa su falta de acceso a derechos debido a la interacción de género, origen étnico, clase y estatus migratorio.
The European super league: kicking back the UEFA: can the UEFA threaten to exclude football clubs and players from joining championships such as the champions league?: a legal analysis of the ruling of 21
(2023-12) Smulders, Sarah
This Thesis contains a legal analysis of the judgment of the 23rd of December 2023 on the Super League. It will specifically discuss the role of the UEFA over the years and how it has grown into the dominant position it has today. The European Super League is a good example of how nowadays sports is more based on commercialization than merits. How do we deal with this commercialization and is it even desirable? This Thesis finds that sports are subjected to competition law, also binding sports governing bodies. This follows from article 165 of the Treaty on the Functioning of the European Union. The judgment finds that the UEFA has misused their dominant position, regarding the prior authorization and banning players from joining the national team, basing their claim on article 101 and 102 of the TFEU. However, this does not mean that every externally created competition will be allowed. This is because of older jurisprudence Meca-Medina. MecaMedina allows restrictions on competition if they are inherent in pursuing legitimate objectives and proportionate to those objectives. The proportionality test will be crucial for the future.
Ambush marketing
(2024) Abisambra Bernal, Evelyn
En este documento se presentan algunas prácticas de ambush marketing o marketing de emboscada y se realiza un análisis jurídico de estas estrategias para determinar si las mismas pueden ser consideradas como actos de competencia desleal. En primer lugar, se conceptualiza el ambush marketing y el contrato de patrocinio (conceptos claves para entender la problemática que nos ocupa). Posteriormente, se analizan diferentes prácticas de ambush marketing (por intrusión y por asociación). En la tercera sección, se describe el concepto de competencia desleal, junto con los actos de competencia desleal dentro de los cuales se podrían enmarcar las prácticas de ambush marketing. En cuarto lugar, se examinan los elementos jurídicos del ambush marketing para determinar si podría o no existir un acto de competencia desleal.
Balancing judicial independence and mutual recognition: the CJEU’s case–law on the European arrest warrant and fundamental rights protection
(2024-06) Gutiérrez García, Sara
Faced with attacks in certain EU states against the rule of law and which affect judicial independence, the Court of Justice of the European Union has been swamped by a series of preliminary questions where Member States receiving EAWs from those countries where such attacks are taking place are faced with the dilemma of whether should they execute the warrants, fearing that, if executed, they will be sending the individuals concerned to courts where their fundamental right to effective judicial protection will not be upheld. Against this background, the CJEU applied a mechanism consisting of a "double" test to determine whether the EAW should be executed, given the circumstances of each case. However, after being used on numerous occasions, this system has presented several problems. The aim of this Master Thesis is to highlight these problems and propose certain reformulations that allow for a better approach to this type of scenario.
Good faith in European preliminary agreements: should you consider a good faith clause when drafting preliminary agreements?
(2023-06-16) Scheer, Kimberley
This thesis deals with precontractual liability in Europe and more specifically focuses on the duty of acting in good faith as it is present in certain jurisdictions under the chapeau of culpa in contrahendo. It concentrates on the question of whether parties should consider inserting such a duty in their preliminary agreement. Since this thesis is library -based, the question will be answered mainly with the help of literature from “anti-good faith” -jurisdictions (commonlaw) such as the UK (subsidiarily the US). This will allow the detection of flaws supposedly inherent to such a duty. These insights, together with the advantages drawn from literature, case-law, and punctually inserted L&E elements, aim to contribute to the answer. Prima facie one might think that the most relevant factor of whether parties might consider such a clause is whether they come from different legal backgrounds, since this is the factor that constitutes the starting point of this thesis. Notwithstanding, many more elements influence the decision, some describe the positive elements of the good faith approach in general and some more specifically focus on the clause itself, especially its wording, the parties’ goals regarding the preliminary agreement, and its recognition and enforcement. This thesis argues in favour of the implementation of a duty to negotiate in good faith in preliminary agreements. However, this thesis only selectively addresses issues surrounding the duty to negotiate in good faith, and thus does not constitute a complete analysis of the subject. Lastly, since the common law jurisdictions are not completely averse to the good faith aspect anymore, this thesis should furthermore provide access to the culpa in contrahendo-doctrine, and should also deliver a more personalised and specific approach by including the duty to negotiate in good faith through preliminary agreements.
Copyright implications of the use of generative AI
(2023) Sandiumenge Torres, Isaac Yael
This thesis will be divided into three chapters: in the first chapter, I will talk about the copyright implications of training AI, which I refer to as inputs. To that end, I will acquaint the reader, on the one hand, with the statutory provisions concerning the temporary reproduction in article 5(1) of the InfoSoc Directive and the TDM exceptions in articles 3 and 4 of the DSM Directive. On the other hand, I will introduce the U.S. fair use doctrine and walk through how that would apply to Generative AI. In the second chapter, I will talk about the copyright implications of the AI -generated works, which I refer to as outputs. Since the EU has not armonized the infringement on the right of reproduction and adaptation (also known as derivative right), I will focus instead on the U.S. alone, since it is also the country hosting most AI companies. To this end, I will delve into the right of reproduction and, by extension, the right of derivatives. Finally, I will go through the fair use arguments from the perspective of the outputs. In the third and last chapter, I will ponder whether AI can be authors for the purposes of Copyright Law. If they cannot because they are not human, I will determine which, either the AI owner or the user, may own the copyright (if any) arising from a given AI generated work. To achieve this, I will go through how the situation is settled in the US, the EU and the UK.
Cross-border parental child abduction in the European Union: hearing the child’s voice
(2022) Fernandes, Elodie
As international parental abduction cases are often reported in the press and media, society tends to empathise with the victimised parent. Although the left-behind parent suffers the consequences, the child remains the main victim of parental abduction. This paper addresses cross-border parental child abduction within the European Union from the perspective of the child. The aim is to develop the way in which the child's opinion is gathered during the procedure before assessing its consideration by the judge.
No more thoughts and prayers: evaluating constitutional routes to gun control in the United States
(2022-06) Olstein, Sydney
This thesis aims to expose potential constitutional routes to gun control in the United States. Although this topic has been covered by many academics, legal scholars, lawyers, and judges before, here will be evaluated several different methods of constitutionally achieving regulation. This will include background of the issue facing the United States and how it differs from that in other areas of the world, specifically Europe due to the similarity in wealth. Further, the two battling methods of constitutional Interpretation in the United States will be thoroughly explained and discussed, one method reigning supreme. This method is also used in Europe to interpret the European Convention of Human Rights. The following section will compare the ways the living instrument doctrine works in the European context, and how it and the idea of European Consensus could be reasonably applied in an American context. From there the bipartisan viewings of the living tree doctrine will be analyzed, the common arguments of the right-wing version being refuted. Application of regulation will also be discussed as it is inspired by constitutional regulations on the First Amendment of the United States Constitution, the right to Freedom of Speech. Finally, I will reveal my proposal for constitutional regulation and gun control, while explaining the roadblocks that may be faced on the way there. I conclude by acknowledging now may not be the time for implementation, despite the death toll that continues to grow; but that the United States government and courts must see the statistics for what they are and implement strict, federally regulated controls.
Judicial comity overstretched: the Bosphorus presumption as an attempt to channel the opposing tides of European fundamental rights protection
(2022-07-21) Thomson, Eve
Far from channelling opposing tides, the Bosphorus presumption of equivalent protection is an example of judicial comity overstretched: with a distorting effect on fundamental rights protection. This thesis will contextualise Bosphorus against a background of concerns about the ‘fragmentation’ of international law: querying, but ultimately refuting, the idea that judicial comity can be framed as a legal concept in international law. By employing a comparative analysis with the Solange doctrine of the German Federal Constitutional Court, this thesis will rebut the assumption underlying Bosphorus. Where a substantive and procedural comparison between German law and EU law is justified as a comparison between two polities with similar political structures, the same procedural comparison of equivalence cannot be made between the EU and Council of Europe. The latter lacks constitutional traits. The insufficiently robust scrutiny of potential rights violations and lack of clarity surrounding the dynamic between EU law and the ECHR will lead to the conclusion that Bosphorus should be abandoned upon accession of the EU to the ECHR. This conclusion is reinforced by the importance of the EU, a self-referential legal system like any other Council of Europe state, being subject to an external control mechanism upon accession; without any presumptive benefit. The ECtHR can, however, continue to show comity: by deploying the margin of appreciation, with a particular mind to the nature of EU acts as the product of the negotiations of 27 member States.
Catcalling : a social problem in need of a legal solution?: criminalisation of street harassment from a comparative European perspective
(2022) Siggemann, Ina
In this master thesis I will analyse the existing problems of the phenomenon of catcalling and its possible criminalisation from a legal and gender perspective. For this purpose, I will first describe the impact of street harassment in general and elaborate the problem of the lack of a uniform definition, which makes it difficult to capture the social problem of street harassment exactly and to analyse its damage fully. My aim is then to show that most forms of street harassment are already regulated by existing criminal offences in the criminal laws of various European countries, which leaves only the phenomenon of catcalling open for a discussion about a possible criminalisation. In this context, I will then look at already existing regulations regarding catcalling in different European countries in order to then address the question whether regulating catcalling in criminal law is an effective solution to the problem. Especially existing constitutional principles and possible practical hurdles have to be considered. In the end, it can be stated that catcalling as a social problem does not bring with it the conditions for criminalisation in the light of recognized constitutional principles. A decisive role in this context is played by the function of criminal law and the principles of legal certainty, ultima ratio and proportionality. This result, of course, concerns only the question of criminalisation, but leaving open other possibilities of regulation as an administrative offense or within the framework of civil law that need to be further investigated.
Problematising the rule of law as a fundamental value of the European Union
(2022-08-11) Cowie, Sarah
By ‘problematising’, I mean to state my intention to discover why the rule of law has become such a significant problem in the European Union over the past decade. In turn, I will analyse the concept of the constitutional ideal that is the rule of law, how it surfaces in the legal order of the European Union and what framework is in place for supranational engagement with it. I rely on the examples of recent constitutional reform in both Poland and Hungary to develop an understanding of how such a lacuna has arisen and the ways in which this founding value is vulnerable to exploitation. Furthermore, I explain how a chain of shortcomings by drafters and European institutions has permitted Member States to regress on their commitment to the Copenhagen criteria, thereby failing to prevent the consolidation of illiberalism before it became entrenched. Finally, I examine the recent evolution in the role of the Court of Justice through the most significant jurisprudence on the topic; and defend the expansion of its competences in order to adequately tackle the so-called ‘Rule of Law Crisis’.

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