Lobbying by The European Young Bar Association

The European Young Bar Association

EYBA

The objects of the EYBA are: to support and promulgate the maintenance and promulgation of the rule of law, the principle of democracy, the principles enshrined in the ECHR and the importance of access to justice; to work for the welfare of Young Lawyers in Europe; to educate and train Young Lawyers in Europe; to facilitate the exchange of Young Lawyers in Europe; to encourage and develop Organisations; to seek to influence policies affecting Young Lawyers at all European institutions, and in particular at the European Commission and European Parliament; to improve the working conditions and standard of living of Young Lawyers in Europe; to support Organisations who are in difficulty or request support for a particular project; to develop and promote a professional network amongst Members; to organise, and to assist Members to organise, conferences for the benefit of Members.

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ID: 349030043996-35

Lobbying Activity

Response to Liability rules for Artificial Intelligence – The Artificial Intelligence Liability Directive (AILD)

28 Nov 2022

The European Young Bar Association (hereinafter EYBA or the Association) strongly supports the Authorities to embrace a regulation on AI systems and to approach it in a way that its balanced: facing the risks of a detrimental impact on human rights and democracy and at the same time taking into consideration the technology and its development. As a consequence, not any and all AI systems and techniques should be allowed: in certain circumstances EYBA totally opposes to the implementation of such technology and a strong regulation should be into force, namely, when it comes to protect the essence of the human being. EYBA would like to point out that civil liability and enforcement are essential in a legal environment that fosters Democracy and Human Rights protection, with the goal of providing safety and security to citizens. EYBA praises the introduction of a comprehensive legislation on AI. The Association understands that it is not possible to concentrate all the rules in a single statute and that different aspects of AI legal framework may require separate kind of acts (regulations and directives). Nonetheless EYBA remarks the necessity to establish a clear set of rules, avoiding the coexistence of an indefinite number of pieces of legislation. In any case, an effective synchronization among the multiple acts is a key factor to ensure a real enforcement. With reference to the Proposal for a Directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to Artificial intelligence (AI Liability Directive) dated as of 28.9.2022, COM(2022) 496 final 2022/0303 (COD), hereinafter the Proposal or the Directive, EYBA points out what follows. i) When dealing with high-risk AI, strict liability should be the rule - and not the exception. A similar set of rules should be adopted in all Member States, even in countries where strict liability it is not used in the national law. i) The provider, operations systems and AI Technology should be made available upfront to any user and its risks and liabilities. If the user of a high-risk AI system did not make it available to another user it should be held liable under a strict liability rule. ii) The Directive should provide adequate safeguards in order to ensure that a final judgement on the liability of the provider will be enforced even outside EU. iii) The Proposal, and in particular article 4 paragraph 2, seems to take into consideration cases in which only one AI system is involved. In practice an AI system is often used jointly with other AI systems in a composed/complex data system that depends on several machines and other data. The Proposal should expressly mention complex AI systems. iv) The Proposal does not take into account the possibility of use of multiple devices where it is uncertain to determine who and where the provider is. The Proposal should expressly provide for joint liability of all providers, at least as a default rule. For instance, a real estate that falls apart and it has been built by multiple AI systems, run by several providers. In such case the joint liability may be an instrument to protect the claimant by giving him the opportunity to act against those providers he can easily identify. v) As for the review of the application of the Directive provided for by Articles 5 of the Proposal, the term of 5 years after the implementation is too long for a technology-based directive. EYBA suggests a shorter term of 2 years. Furthermore, the term should be synchronised with the term for the review of AI Act and other pieces of legislation focused on AI, in order to ensure a harmonised policy of the Union. EYBA is eager to have a constant dialogue with EU institutions in order to contribute to the legislative process. The Association reaffirms its commitment to support the Have Your Say project and to take part to it.

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Response to ISC on proposal for a decision of EP and Council providing further MFA to Moldova

16 Nov 2022

European Young Bar Association (EYBA), representing over 200 000 young lawyer across Europe and beyond, expresses its support for closer ties and cooperation of the EU with the Eastern Partnership Countries, envisaging the association perspective of the Republic of Moldova. In line with the intent of the EU, EYBA fosters deep ties with legal communities from Moldova, Ukraine, Georgia, Armenia and witnessed active involvement of Moldovan young lawyers in promoting EYBAs goals, the rule of law, professional ethics and better standards for justice sector within European legal community and at national level. EYBA has strong feeling for the need to support democratic transformations in Moldova (as well as Ukraine, Georgia, Armenia), especially within the justice sector. The EU and the Republic of Moldova have developed a close political and economic relationship, by signing the Association Agreement and DCFTA. In line with this, providing macro-financial assistance to Moldova is welcomed and, in the future, should be synchronized with Moldovas Association Agenda for the 2021-2027 period, which is currently developed. In EYBAs experience, Moldovan young lawyers proved successful use of the funding provided by EU to support certain initiatives, noticeably when organizing EYBA Spring Conference 2019 in Chisinau, which turned into further expansion of professional associations from European Eastern Countries to EYBA membership. In addition to the above EYBA considers that it is favorable to offer financial assistance to Moldova, with the primary emphasis on the objective to support structural reform efforts aimed at improving justice sector, enhance standards in exercise of the legal profession, consolidate the actions for better functioning of the democratic institutions, fight against corruption, promote rule of law and respect for human rights.

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Response to European Year of Youth (2022)

14 Dec 2021

EUROPEAN YEAR OF YOUTH (2022) Type of act Proposal for a decision FEEDBACK BY THE EUROPEAN YOUNG BAR ASSOCIATION PUBLIC IDENTIFICATION NUMBER: 349030043996-35 The European Young Bar Association welcomes the announcement of the European Year of Youth 2022. The Proposal for a Decision on a European Year of Youth 2022 is particularly important in this historical moment of repair and recovery. Covid has shaken Europe and has had a strong impact on education, employment and mental health, to the detriment of the youngest. We firmly believe that, especially in this period, fresh and broad-minded people are an indispensable resource. Therefore, young people (students and workers) should be supported, prioritised, inspired and actively involved, demonstrating that their conditions, their opinion and their contribution count. For example, it is very important that “the active involvement and engagement of young people and youth civil society organisations in implementing the activities of the Year” is effective, through giving young people a specific and significant role in the meetings (mentioned by the Proposal) at national level but also at Union level. We suggest the inclusion (at art. 4) of the appointment of a young national coordinator, together with the national coordinator, for organising the participation of Members States in the European Year of Youth. We have a similar suggestion with regard to the Coordination at Union level (at art. 5), where it should be provided that the young national coordinator is allowed to participate to the meetings of the national coordinators in order to coordinate the running of the European Year. With regard to art. 6, we suggest that in advance all the stakeholders and representatives of organisations or bodies in the field of youth are identified and informed, about the programme and a dialogue initiated with them, harnessing their expertise in the different areas in order to reach as many young people as possible (especially in the less privileged countries) to raise awareness on the opportunities created in the context of the Year of Youth, particularly those where funding is available. Widespread communication is fundamental for the success of the Year. Moreover, it would be useful to launch a survey among the stakeholders and representatives of organisations or bodies in the field of youth to identify the major challenges for young people. With regard to the EU funding, it is necessary that a dedicated budget is assigned to the European Year of Youth, leaving untouched the budget that is already assigned to the other programmes listed in the Explanatory Memorandum of the Proposal. It is crucial that, beyond the Year 2022, long-term projects are implemented to ensure continuity and consistency. At the European Young Bar Association, we are looking forward to working closely with the European Commission, the European Parliament and Member States, to co-implement the Year of Youth and guarantee a legacy for the young generations to come. Feedback prepared by the EYBA Executive Committee: Giulia Guagliardi (President), Joyce Herrent (Immediate Past President), Ayla Prentice Iridag (Vice-President), Nikoline Muck Krogh (Secretary), Vladimir Palamarciuc (Treasurer), Sergiy Barbashin, Chiara Palombi, Carmen Del Castillo Vericat (Executive Officers)

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