Research Activity in European and International Law
Could we start with the first of many steps that shaped your academic and scientific journey? Which milestones would you highlight as the most significant in your rich and diverse scientific career?
When I finished my degree in 1991, Europe was experiencing a moment of great enthusiasm. It seemed that the great "European Home" of peace and progress, from the Atlantic to the Urals, could become a reality. Several ambitions were advancing: the completion of the large internal market; the new European Union with a new currency, new domains of political and legal cooperation – the Common Foreign and Security Policy, Cooperation in Justice and Home Affairs – and Union citizenship. This reality excited me, and I wanted to study it. Therefore, I enrolled in the European Integration specialisation of the Master's in Law at the Faculty of Law of the University of Coimbra. There, I realised that the identity mark of this integration project between States and European peoples was its Law. This moment and this choice ended up determining my academic and professional future. I embarked on an academic career, where I have had the opportunity and pleasure of introducing successive generations of young people to what I consider the most significant contemporary European political project and its Law. As is evident to those who attend my classes in the Bachelor's, Master's, and other activities, I remain as enthusiastic about Europe and the European project as I was three decades ago, always maintaining a critical perspective. This career has provided me with other important tasks, whether collaborating with institutions such as the European Commission or, especially, performing scientific and academic management functions, namely in the Coordination of Erasmus mobility, the Commission of the 2nd Cycle of Studies in Law, and the Direction of the Faculty of Law of the University of Porto. Since 2021, working in the Direction of CIJ has been a very enriching challenge.
You are a prolific scientific author and have a curriculum that also highlights contexts of research and international cooperation. Is there currently any topic or specific issue that particularly excites you? What would you like the lay society to understand about the fundamental role of Law in responding to contemporary challenges?
The two domains with global impact that seem most relevant to me are the digital revolution, especially AI, and the climate crisis. Both pose multiple challenges and present risks that can undermine societies, including fundamental human values, and even the survival of Humanity. The digital revolution can provide unprecedented development, similar to the agricultural revolution in the Neolithic, but it has also shown disruptive potential in the world of work, the functioning of democracies, and even social cohesion and human relationships. The articulation between the digital world and the real world is not always virtuous. We are living in a pivotal moment where the old world is fading, and the new one is not yet clearly visible. I am increasingly convinced that this is a moment that calls us to make great decisions that will define the cornerstones of this new world. Similarly, the human-induced climate crisis has not received the necessary response to avoid true calamities that threaten societies and human relationships, and the future will require a rapid adaptation of physical and social infrastructures. What is the role of Law? The legal system has a triple social function: it is the repository of structuring social values, which will be essential in the constitution and fabric of this new world; it has a regulatory function of interests and conflicts, both preventive and repressive, through its rules, principles, and institutions; and it limits power, especially public power, to safeguard the freedom and autonomy of citizens, but also, at present, the new powers of the digital "global public square". It is up to legitimate national and international institutions and citizens, in general, to decide which values will weave the future society, the rules and institutional resources for conflict resolution, and the limits to public and private powers that should prevail. And don't forget, the absence of Law does not necessarily mean more freedom and autonomy, but possibly the opposite.
European Law, International Law, and the new challenges of international political governance are areas particularly dear to you. What is your perspective on the disparities between European and international realities, and what major trends might materialise in the near future in both contexts?
These are questions worth "a million euros"! My research has always focused on structural issues, especially the ways in which legal, economic, and governance solutions can be configured to adequately respond to the challenges posed on the European and international levels, particularly concerning the European Union. The international panorama is experiencing a critical moment and potential paradigm shift. This change is also one of the most relevant challenges facing the EU. Internationally, we have a legal and institutional order with multiple sectoral fora and a global forum, the United Nations. This framework faces increasing turmoil and has difficulties responding to growing conflicts and risks, whether climate change, wealth distribution, arms proliferation, human trafficking, terrorism, public health, or misinformation. New and old seats of power, public and private, explicitly or implicitly move away from democratic values, freedom, pluralism, and respect for individual rights, openly challenge the precarious international order, and, invoking a new multilateralism or identity and "traditional values", pose a threat of civilisational regression for Humanity. The legal foundations, constituted by the United Nations Charter and instruments as relevant as the Convention on the Prevention and Punishment of the Crime of Genocide or the Treaty on the Non-Proliferation of Nuclear Weapons are under threat. Europe and its States are at the centre of this reality, and the European Union finds itself at a crossroads that is revealing itself to be a true labyrinth. The challenges to this project are multiple, and all, even those that are internal, such as the exacerbation of nationalisms and national selfishness, relate to those I mentioned at the international level, to which is added the weakening of the transatlantic relationship, which increases insecurity in European territory. The recent "Draghi Report" pointed out the loss of European competitiveness and its secondary place in technological innovation. Answering these challenges requires a discussion about the material, financial, and human resources necessary for a capable response that simultaneously respects commitments to liberal-democratic values and the green transition, and also requires discussing the future model of economic, political, and legal integration of the EU, in both internal and external dimensions.
The digital advent, which also intersects with your research interests, has been a hot topic, often raising ethical, security, or even constitutional rights concerns. In the context of the European Union in particular, whose reality is closer and more impactful to us, what do you think are the main legal obstacles to more comprehensive and rigorous digital regulation?
The EU has been attentive and pioneering in this regulatory effort, seeking to define a regulatory framework that ensures respect for European values and fundamental rights. In fact, it is in the EU that we find the most comprehensive regulation of the digital sector, exemplified by the historic General Data Protection Regulation, the Open Data Directive, the Free Flow of Data Regulation, the Data Governance Act, the Data Act, the Digital Markets Act, the Digital Services Act, and the famous Artificial Intelligence Act. As for "rigorous," if the sense is "restrictive," we need to evaluate more closely. The digital sector is the most innovative economic sector; it is synonymous with innovation. One of the recurring criticisms is that regulation can hinder innovation. The "Draghi Report," which I have already mentioned, recently highlighted that digital innovation has occurred in other latitudes. The European Digital Strategy enshrined the goal of placing the Union at the forefront of innovation throughout this decade, which is called the "Digital Decade." Success has been relative. On the other hand, digital means are intrinsically ambivalent: they can promote freedom, cohesion, and development, but they can also serve as instruments of repression, fostering division and socio-economic disparities. Globally, there are at least three regulatory models: the American model, based on market freedom, with limited public intervention and primarily concerned with national security; the Chinese model, which, while not rejecting capitalism, is essentially guided by political-strategic and security objectives, where individual freedoms are not a priority; and the European model, which, with its shortcomings and inconsistencies, seeks to achieve a balance between preserving liberal competition and freedom, and respecting fundamental rights and values, while also seeking, through an active R&D promotion policy, to ensure that Europeans do not fall behind in this technological revolution. Will one model prevail over the others? Will we have a digital world fragmented by different models? It is not yet clear. I take this opportunity to invite the entire U.Porto community to the III International Conference of the Jean Monnet Module, on April 23, 2025, entitled "Midterm Assessment of the Digital Decade", where Portuguese and foreign scholars and specialists will analyse the achievements of the digital decade and the European and international digital governance.
You currently head the Centre for Interdisciplinary Research on Justice (CIJ), which, in 2024, celebrated its 25th anniversary. We would like you to share with the U.Porto scientific community the work that has been developed and your vision for the future of CIJ. What advice would you share for the longevity of research structures and what investments do you consider to be priorities to ensure the transfer of knowledge to society?
When I took on this role in 2021, I adopted a programme of inclusion, innovation, and internationalisation, reinforcing the path already taken since the Centre's creation in 1998. The CIJ, then CIJE (Centre for Legal and Economic Research), has the seal of pioneering in Portugal. It was the first research centre in Law to integrate the FCT's R&D system and to sign a programme contract that, recognising the project's value, provided it with funding. Since it began its activity in 1999, the Centre has maintained this connection with the FCT. This longevity is the result of the commitment of successive teams that have led the Centre and, above all, the work of its researchers. The Centre expanded its activity to research in all areas of Law and, since 2021, has included all members of the Faculty of Law of the University of Porto who wish to join as researchers. More recently, we have integrated criminological sciences, making the CIJ a unique centre in the national landscape. I particularly wish to highlight the integration of PhD students in Law and Criminology from FDUP and the concern with gender equality. From a centre with about four dozen researchers in 2021, we have grown to 117 researchers in 2024. Innovation is achieved by paying constant attention not only to the issues that are priorities for local, national, and international society but also to good research practices, notably the "COARA" commitments. The development of innovation and internationalisation has been fostered through the multiplication and diversification of partnerships, projects, and other scientific initiatives. I also highlight the proactivity in contacting various societal stakeholders and active participation in the European Law Institute, namely with the creation of the Portuguese Hub, headquartered at CIJ. The results of this path are already visible in projects, international events, and publications, but I must remind you that this collaborative path of scientific development must be a two-way street, and it is equally crucial that societal institutions take an interest in the scientific system and become aware that, also in Law and Criminology, science can support informed and rational choices and decisions. You can follow our activities on our website.
You co-coordinate the Portuguese Hub of the European Law Institute. Could you share in which specific legal domains the organisation is currently positioned, and what challenges in the European reality appear to be most in need of attention?
The European Law Institute (ELI) is a trans-European associative organisation inspired by the American Law Institute, which develops and promotes legal research and culture, including through projects and studies in all areas of Law, from a European and global perspective, bridging theory and practice. It has significant influence on the development of European, international, and national legislative policy. Among the topics currently prioritised are constitutional principles, the Rule of Law and judicial independence, digital space regulation, sustainability challenges, as well as more "classic" topics related to family law, civil and criminal procedural law, or corporate law. In addition to individual members, it includes institutional members, among which is the CIJ, and it also operates through its national Hubs. I had the privilege of launching the initiative to establish the Portuguese Hub, headquartered at CIJ. Since its creation in 2023, and as Co-Chair, I have had the opportunity to co-organise several initiatives: a Newsletter, a Conference on Sustainability, held at FDUP on May 22, 2024, and a panel at the ELI Annual Conference in Dublin on October 11, 2024, on "Food Law." You can find more information about the ELI here, and about the Portuguese Hub here.
You currently coordinate one of the Jean Monnet Modules of ERASMUS+, a programme for promoting teaching, research, and debate, titled "A Digital Europe for Citizens. Constitutional and Policymaking Challenges". Could you share with the U.Porto Scientific Community the framework and main objectives of this module?
This module, which started in September 2022 and runs until August 2025, aims to promote excellence in teaching and research on European Union Law, with a particular focus on “Digital Europe" and the constitutional and policymaking challenges it poses. While promoting dialogue, debate, and the exchange of ideas among different target groups and stakeholders at local, national, and international levels, the project focuses on citizens. This project intends to participate in the ongoing debate on digital issues in the European Union, from a constitutional perspective and with a comprehensive approach to the challenges to fundamental rights, the protection of our democracies, and the exercise of citizenship in open, pluralistic, and democratic societies, as well as safeguarding the general interests of the European Union and its Member States. It involves including these topics in the EU Law curriculum across all three study cycles, as well as organising specific courses, scientific events, and publications for diverse audiences, including Law students and those from other fields, young professionals from various areas, and the general public. The teaching team consists of myself, Inês Neves, and Tiago Rocha, but we have also collaborated with eminent national and international specialists from different areas and various public and private institutions, European institutions, and the national government, academia, public administration, the legal profession, and industry. The project also involves collaboration in the activities of a team of students. I invite the U.Porto community to visit the project's website.
Throughout your academic and professional career, you have held various leadership positions and remained involved in numerous initiatives, not only scientific, demonstrating a strong desire to actively contribute to the dynamic evolution of the areas you research. Based on your experience, what advice would you share with the younger generations of researchers and jurists who are now starting their careers?
It is always difficult to give advice, as each experience is essentially unique. Therefore, I want to relativise my opinion, which is the result of a personal experience, obviously non-transferable. Nevertheless, to future and young jurists, I remind you that you should always keep in mind that Law and its agents, in their various functions and actions, should always be guided by the fundamental values enshrined in the Constitution, the European Convention on Human Rights, or the Charter of Fundamental Rights of the European Union, and that their guiding principle and horizon of action should be the realisation of Justice, ensuring that each and every one receives what is due. In practice, this means refusing to be instruments, consciously or unconsciously, of other interests. This will indeed be the greatest manifestation of freedom and professional success. Achieving this will be a constant challenge and will require a continuous effort of exercising citizenship, which involves understanding the surrounding reality, actively, rationally, and critically seeking information and knowledge, because, to paraphrase the words attributed to Abel Salazar, displayed in the old building of the Abel Salazar Institute of Biomedical Sciences (ICBAS), "A jurist who only knows Law does not even know Law" (I believe this can be said of any field of knowledge). For researchers, I believe those pieces of advice also apply, as they are essential to ensuring free, inclusive, and diverse science, capable of putting evidence and knowledge at the service of society and people. I would add, in particular, the willingness to surprise and be surprised, not allowing themselves to be imprisoned by dogmas, authorities, and traditions.
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