Aleksandra Kuczerawy (2015)  Intermediary liability & freedom of expression:Recent developments in the EU notice & action initiative, in Computer Law and Security Review 31 (2015) 46-56

"A process whereby a private party, and possibly future defendant, decides arbitrarily whether content should be removed or blocked can lead to interference with the right to
freedom of expression, as delineated in art. 10 of the European  Convention of Human Rights29 and art. 11 of the Charter of  Fundamental Rights of the European Union. [...] The current mechanism also appears to be at odds with the principles of proportionality and due process."

Reference: Horten M., The Copyright Enforcement Enigma:  InternetPolitics and the ‘Telecoms Package’, p. 48-50.