Proportionality In Eu Digital Law
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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.
Rules And Principles In European Contract Law
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Author : Jacobien Rutgers
language : en
Publisher: Intersentia
Release Date : 2015-03-01
Rules And Principles In European Contract Law written by Jacobien Rutgers and has been published by Intersentia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-01 with categories.
This book brings together the papers presented at the Society of European Contract Law's 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States, and whether common principles can be transformed into rules. The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law, including its economic, sociological, and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the series European Contract Law and Theory combines dogmatic thinking in comparative and EU law with strong social theory considerations, and makes publicly available the results of the discussions of leading scholars and practitioner. (Series: European Contract Law and Theory - Vol. 1) [Subject: European Law, Contract Law]
Proportionality Of Criminal Offences And Penalties In Eu Law
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Author : Lorenzo Grossio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-06-26
Proportionality Of Criminal Offences And Penalties In Eu Law written by Lorenzo Grossio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-26 with Law categories.
This book analyses the theorisation and application of proportionality of criminal offences and penalties in EU law, shedding light on its hybrid nature. In the EU legal order, proportionality amounts to a general principle playing a crucial role in limiting the exercise of EU powers, assessing domestic measures' compatibility with internal market freedoms, and adjudicating fundamental rights. The EU concept of proportionality has a precise theorisation, but the principle assumes a distinct physiognomy in EU criminal law. Indeed, proportionality has a different meaning in criminal law, linked to theories of punishment. Not only do the two understandings of proportionality coexist in EU criminal law, but they are also intertwined, thus giving rise to a hybrid principle. However, their uneasy relationship remains unexplored. To understand this unique interaction, the book deepens theorisation and applications of the hybrid principle of proportionality of criminal offences and penalties in the EU legislative practice on the harmonisation of substantive criminal law and ECJ case law on the review of domestic criminal measures. This analysis gives fresh insights into the relationship between the EU and criminal law concepts of proportionality within the EU legal order.
European Union Law In Context
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Author : Ester Herlin-Karnell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-09-23
European Union Law In Context written by Ester Herlin-Karnell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-23 with Law categories.
This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject. The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.
The Concept Of Proportionality In Public Law
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Author : CHUNG Wai Man, Franco
language : en
Publisher: City University of HK Press
Release Date : 2020-06-30
The Concept Of Proportionality In Public Law written by CHUNG Wai Man, Franco and has been published by City University of HK Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Law categories.
Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
Protecting Children In The Digital Era
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Author : Eva Lievens
language : en
Publisher: BRILL
Release Date : 2010-07-26
Protecting Children In The Digital Era written by Eva Lievens and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-26 with Law categories.
From the mid-1990s onwards concerns regarding the exposure of children to harmful content in the increasingly digital media environment intensified. Soon thereafter policy makers across Europe realised that alternative regulatory instruments, such as self- and co-regulation, might be more appropriate than traditional legislation to address this matter of public interest. Taking the complex and delicate nature of protecting minors into account, this book provides an in-depth legal analysis of the alternative regulatory instruments that can be used to regulate content in the digital era, with particular attention to the protection of fundamental rights, such as freedom of expression, privacy and procedural guarantees, internal market regulation, competition rules, and implementation requirements.
Eu Digital Markets Law
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Author : Allegra Canepa
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2025-06-17
Eu Digital Markets Law written by Allegra Canepa 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 2025-06-17 with Political Science categories.
As digital technologies and models propel data to the centre of economic and social experience, new EU directives, regulations, legislative proposals, and policy strategies attempt to deal with the unprecedented challenges that come in the wake of digital expansion. Yet it remains to be seen whether such initiatives will prove adequate. This important and much-needed book looks at the main regulatory initiatives taken by the EU legislature on digital markets, with a particular focus on features affecting the individual users, mostly consumers. With detailed attention to all relevant EU legal instruments, the authors – three well-known authorities on the intersection of technology and law – offer in-depth analyses of such legal aspects of digitisation as the following: content moderation and transparency; maintaining democratic control of societies vis-à-vis dominant large digital platforms; conditions under which public sector bodies may access private sector data; digital identities and their protection, including the so-called digital wallet; risk-based classification of artificial intelligence systems; and rethinking the consumer protection regime to reconcile the needs of new markets and the protection of its consumer users. Because the digital revolution has blurred many existing legal frameworks and principles, regulation plays a pivotal role in shaping an EU Single Market fit for a sustainable digital regime, ensuring an optimal economic and social balance. For practitioners, policymakers, and academics concerned with the legal impact of technology, this comprehensive description of the policies, regulatory techniques, and key features of EU digital markets law will greatly facilitate their approach to the emergence of digital markets with awareness of applicable rules and procedures.
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.
Digital Constitutionalism In Europe
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Author : Giovanni De Gregorio
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
Digital Constitutionalism In Europe written by Giovanni De Gregorio and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-26 with Law categories.
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
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.