Are you interested in EU public law and the intersection between fundamental rights and technology? Do you want to be part of a research team investigating how digitalisation challenges the effective protection of fundamental rights in the EU and exploring the legal pathways towards ensuring fair and transparent digital services, data flows, and AI technology? If so, apply to this PhD position and join us at the Department of Public Law at Maastricht University.

JOB DESCRIPTION

Research project: The Shifting Governance and Enforcement of Fundamental Rights under EU Digital Law
The European Union (EU) is a frontrunner in the field of digital regulation. Its legal framework is composed of, inter alia, the Digital Services Act (DSA), the Digital Markets Act (DMA), the Artificial Intelligence (AI) Act, the Data Governance Act (DGA) and the Data Act. While adopted on the basis of Article 114 TFEU, these instruments seek to not only ensure the smooth functioning of the internal market but also secure a high level of protection for fundamental rights as enshrined in the Charter of Fundamental Rights of the EU. However, much remains unknown regarding how EU digital law should be interpreted, applied, and enforced in order to effectively address the pressing challenges posed by the rise of Big Tech platforms and the advent of state-of-the-art technologies.
One fast-evolving line of legal scholarship looks at how EU digital law is reshaping the traditional architecture of fundamental rights. A leading role in safeguarding fundamental rights is afforded to private actors, such as online platforms or providers of AI systems. They exercise this role through, inter alia, applying and enforcing their terms and conditions and developing technical standards. This has the potential to redefine the scope of application of fundamental rights guaranteed by the Charter. At the same time, it is unclear how rights such as data protection, freedom of expression or the right to vote and to stand as a candidate in elections must operate in horizontal scenarios. Much of the current academic debate revolves around the adequacy of risk-based frameworks in tackling fundamental rights concerns. On a more conceptual level, one could also inquire whether the language of fundamental rights transcending EU digital law can truly deliver on the promise of equality and fairness in the digital realm. The rapidly worsening geopolitical situation contributes to the complexity of the issues at stake. In light of the recent backsliding of US-based corporations on their commitments to ensuring the safety of their products and services, it is crucial to understand how private actors can be compelled to respect and correctly apply EU fundamental rights.
Another strand of academic inquiry concerns the effective implementation and enforcement of EU digital law. Given the shortcomings of GDPR enforcement, newly adopted legal acts have established more robust non-judicial mechanisms for enhancing accountability of private actors providing digital services or developing AI technologies. Yet crucial questions regarding the institutional set-up and coordination remain unresolved, particularly in light of overlaps emerging between legal instruments. While some legal acts, such as the DSA and the DMA, afford significant enforcement powers to the European Commission, many of its recently completed or ongoing enforcement actions have been criticised for a lack of transparency. There are also multiple barriers to effective cooperation between national supervisory authorities in cross-border cases, including conflicts of competence or disparities in capacities. Additionally, the adoption of these digital acts creates significant gaps in judicial protection, which undermines the fundamental right to an effective remedy. On the other hand, recent court cases in Member States such as the Netherlands and Germany have exposed the significant potential of digital rights NGOs and individual activists to drive the bottom-up enforcement of EU digital law. Regardless of such potential, however, civil society actors continue to face significant obstacles to access to justice. This highlights the strong need to further explore the legal pathways available for addressing the impact of sweeping digitalisation on fundamental rights (in various areas of law).

The academic debates outlined above present two distinct directions for further research:

• The shifting governance of fundamental rights under EU digital law: how does the EU legal framework on data, AI, digital services and digital markets contribute to the protection of fundamental rights? The topics can include: the promises and challenges of risk-based approaches to protecting fundamental rights; the use of soft law (such as the Commission’s guidances and codes of conduct) in safeguarding fundamental rights; the potential of private governance instruments (such as terms and conditions of online platforms and technical documentation of high-risk AI systems) for safeguarding fundamental rights; and the legal avenues to ensuring fundamental rights protection by design and by default.
• The shifting enforcement of fundamental rights under EU digital law: how can the EU legal framework on data, AI, digital services and digital markets be effectively implemented and enforced? The topics can include: a need for a harmonized approach on enforcement; the fundamental rights-compliant public enforcement of EU digital law; the role of European and national courts or non-judicial mechanisms (such as out-of-court dispute settlement bodies) in resolving cases concerning fundamental rights; the potential of collective private enforcement for protecting fundamental rights; and the role of soft law in the implementation and enforcement of EU digital law.

The candidate is expected to present an original research project that fits into one of the two research directions described above. Please note that the questions provided are prompts to help the candidate develop their own research question and are not exhaustive.
The supervisory team will be composed of dr. Valentina Golunova, dr. Sarah Tas and prof. dr. Mariolina Eliantonio.

The candidate will:

• Determine a specific research focus within the research project described above;
• Regularly meet with the supervisory team to discuss progress;
• Write and defend a PhD thesis, either in the form of submitted/published articles or a monograph;
• Teach courses coordinated by the Department of Public Law, amounting to 0.2fte of the full appointment;
• Take active part in the supervisory team’s research activities and grant applications;
• Take active part in the research projects and activities organised by the Globalisation & Law Network and the Maastricht Centre for European Law;
• Take part in training by the Graduate School of Law at Maastricht University;
• Organise events and conferences.

REQUIREMENTS

We are seeking a highly motivated candidate with a completed university master’s degree (or research master) in Law - preferably with a specialization in EU law, public law or other discipline relevant for this PhD position.

Moreover, the ideal candidate should possess the following skills:

• Excellent writing skills, preferably evidenced by an excellent MA thesis or another substantial piece of academic writing;
• Strong interest in scientific research and demonstrable research skills;
• Ability to work in a team and share knowledge in an open and inclusive working environment;
• Ability to conduct research in a self-driven and independent manner;
• Excellent communication skills;
• Fluent written and oral English.

MAASTRICHT UNIVERSITY

Why work at Maastricht University?
At Maastricht University (UM), everything revolves around the future. The future of our students, as we work to equip them with a solid, broad-based foundation for the rest of their lives. And the future of society, as we seek solutions through our research to issues from all around the world. Our six faculties combined provide a comprehensive package of study programmes and research.
In our teaching, we use the Problem-Based Learning (PBL) method. Students work in small groups, looking for solutions to problems themselves. By discussing issues and working together to draw conclusions, formulate answers and present them to their peers, students develop essential skills for their future careers.
With over 22,300 students and more than 5,000 employees from all over the world, UM is home to a vibrant and inspiring international community.
Are you drawn to an international setting focused on education, science and scholarship? Are you keen to contribute however your skills and qualities allow? Our door is open to you! As a young European university, we value your talent and look forward to creating the future together.

Please refer the Job description for details