General Principles Of Eu Law And The Eu Digital Order
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General Principles Of Eu Law And The Eu Digital Order
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Author : Ulf Bernitz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-01-09
General Principles Of Eu Law And The Eu Digital Order written by Ulf Bernitz and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.
Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules. Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to: effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law. The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization. Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.
General Principles Of Eu Civil Law
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Author : Norbert Reich
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2013
General Principles Of Eu Civil Law written by Norbert Reich and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.
The General Principles Of Eu Law
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Author : Takis Tridimas
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
The General Principles Of Eu Law written by Takis Tridimas and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.
New Directions In Digitalisation
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Author : Annegret Engel
language : en
Publisher: Springer Nature
Release Date : 2024-11-12
New Directions In Digitalisation written by Annegret Engel and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-12 with Law categories.
This open access book brings together experts from both EU competition law as well fundamental rights backgrounds, discussing the most recent developments in EU legislation on digitalisation. Most prominently, it explores the recently introduced Digital Markets Act (DMA), including a discussion on other related legislative acts and the respective case law. It is aimed mostly at academics and researchers in the area of digitalisation, EU competition law, and the EU Charter, but will also provide some useful insights from practitioners in the field. The internet has long been neglected and exempt from being regulated at EU level. In particular, this concerns the application of fundamental rights. The specific challenges for the digital sphere are numerous; worldwide scope, easy access, interoperability, rapid technological change, fluctuating market conditions, anonymity, disinformation, lack of traceability and thus enforcement, to name but a few. Fundamental EU values, in particular including democracy and the respect for human rights, have suffered as a direct result of these growing problems in the digital sphere. More recently, however, the EU has started to actively regulate the new technologies in order to avoid European values being undermined by an unregulated internet. In the specific field of competition law, the development of new technologies has created many challenges and raised questions for the legislator how to regulate big market players: their cross-border nature, vicissitudes, and enormous market powers allow some of them to be able to escape legal scrutiny under the current set of ex-post rules. The DMA now introduces an ex-ante mechanism for competition law and claims to be aligned with the procedural and institutional rights granted under the Charter, which will be scrutinised and challenged by the various contributions in this book.
The Risk Of Discrimination In The Digital Market
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Author : Sara Tommasi
language : en
Publisher: Springer Nature
Release Date : 2023-10-28
The Risk Of Discrimination In The Digital Market written by Sara Tommasi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-28 with Law categories.
The book starts with an analysis of what is new in the Digital Services Act. The aim is to see whether this new Regulation is appropriate both for not halting technological innovation and for addressing the risks that technological innovation poses to society and to the people who use digital services. The focal point is the risk of discrimination as people are often helpless in the face of the potential discriminations in the digital services sector. In particular, the book analyses how the Digital Services Act can make a concrete contribution to the protection against discrimination. To this end, it focuses on the responsibility of digital service providers and the fact that discrimination may also depend on the way in which algorithms and artificial intelligence systems are used. Therefore, a comparison is made between the Digital Services Act and the proposed Artificial Intelligence Act. The comparison discloses that the risk-based approach is the common thread followed by the EU in regulating the digital market. The book elaborates also on the practical implications of the risk-based approach. Highlighting advantages and limitations leading the author to conclude that the risk-based approach is the way forward only if the differences between risk and danger, the limits of law, and the limits of the tendency to humanise artificial intelligence systems are considered. With specific reference to the risk of discrimination, the need for a systemic and multi-level approach is highlighted, which reinforces the contribution that can be made not only by the Digital Services Act, but also by more general and cross-cutting legislation as those on data protection and unfair commercial practices.
General Principles Of Law
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Author : Stefan Vogenauer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-15
General Principles Of Law written by Stefan Vogenauer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-15 with Law categories.
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
Fixing The Euro Within The National Constitutional Guardrails
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Author : Frederik Behre
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-07-14
Fixing The Euro Within The National Constitutional Guardrails written by Frederik Behre and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-14 with Law categories.
EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment of Finland and Germany – two countries which have comprehensively dealt with Eurocrisis-issues in largely contrasting constitutional ways – and continuing with a comparative assessment of the specific French, German, Polish, and Spanish constitutional (identity) limits, EU fiscal integration steps are tested against the charted national constitutional space to determine their attainability. The resulting overview identifies best practices that can be employed to locate constitutional space for EU fiscal integration while enhancing the protection of core constitutional principles. The analysis addresses such specific areas as the following: constitutional red-line limits vs. flexible or mutable constitutional approaches to EU fiscal integration; strict constitutional identity limits that formulate obstacles to the attainment of EU fiscal integration; how national constitutional authorities perceive and portray the EU in their respective approaches; integration measures as an increase in the impact of sovereign powers vs. loss of autonomous decision-making; application of national constitutional frameworks during the Eurocrisis; ex ante constitutional review and ex post judicial scrutiny in representative Member States; national budgetary responsibility and fiscal autonomy; emergency budgetary instruments; and funding options for fiscal integration. The analysis throughout highlights the important role EU integration plays in stabilizing core national constitutional values in light of such complex challenges as the COVID-19 pandemic, the current Russian war of aggression against Ukraine and the required common defence strategies, but also climate change and digitalization. In its innovative response to the urgent challenge of feasible EMU reforms to stabilize the euro, this book displays how national constitutional systems can address EU (fiscal) integration in a more flexible and yet more effective manner, how EU integration steps can engage with national constitutional concerns in a more structured manner, as well as specifically hownational parliaments can be integrated and play a decisive role even when budgetary and fiscal powers are conferred at the EU level, thereby identifying a future model for EU cooperation in politically important competence areas. It thus offers a constructive outlook on achievable fiscal integration steps which will prove of inestimable value to lawyers, judges, and policymakers at the national and EU levels.
Blockchain And Public Law
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Author : Pollicino, Oreste
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-07-31
Blockchain And Public Law written by Pollicino, Oreste and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-31 with Law categories.
This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.
Proportionality In Eu Digital Law
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Author : Jan Czarnocki
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-10-03
Proportionality In Eu Digital Law written by Jan Czarnocki and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-03 with Law categories.
This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.
Decent Work In The Digital Age
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Author : Tamás Gyulavári
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-10-20
Decent Work In The Digital Age written by Tamás Gyulavári and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-20 with Law categories.
This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects – and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations.