Tackling Migration Externally Through the EU Common Foreign and Security Policy: A Question of Legal Basis

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Table of Contents: I. Introduction. – II. Background: setting CFSP/CSDP missions on migration. – III. CFSP/CSDP missions versus AFSJ instruments. – III.1. Competence question. – III.2. Institutional implications for decision–making procedures. – III.3. ECJ competences and judicial protection. – IV. The ECJ doctrine on the choice of the appropriate...

The Externalisation of EU Migration Policies in Light of EU Constitutional Principles and Values: Reconciling the Irreconcilable? An Introduction to the Special Section

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Abstract: In recent years, the European Union (EU) has substantially intensified its activities directed at externalising border/migration management towards the territories of third countries. This specific model of EU migration management is often realized at the expense of democratic scrutiny, judicial supervision, transparency and, most...

The Activities of Frontex on the Territory of Third Countries: Outsourcing Border Controls Without Human Rights Limits?

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Table of Contents: I. Introduction. – II. The establishment of the European Border and Coast Guard. – III. The enhancement of the Agency’s mandate. – III.1. The conferral of executive powers on the Agency’s staff. - III.2. The emergence of a supervisory role. – IV. Cooperation with third countries in the framework of the European Border and Coast...

EU External Cooperation on Migration: In Search of the Treaty Principles

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Table of Contents: I. Introduction. – II. The EU Treaty as guidance for rule of law, democracy and fundamental rights. – II.1. Constitutionalisation of the EU values. – II.2. Guidance for the Member States. – II.3. Guidance for the EU. – II.4. Guidance for the external dimension of EU action. – III. External dimension of EU asylum and migration...

EU Member States’ Responsibility Under International Law for Breaching Human Rights When Cooperating with Third Countries on Migration: Grey Zones of Law in Selected Scenarios

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Table of Contents: I. Setting the scene. – II. Challenges of EU Member States’ extraterritorial border management measures in select scenarios. – III. Allocating international responsibility of EU Member States for their extra-territorial border management activities: Twilight zone. – III.1. First scenario: Activities carried out by EU Member States...

The Informalisation of EU Readmission Policy: Eclipsing Human Rights Protection Under the Shadow of Informality and Conditionality

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Table of Contents: I. Informality and the EU external action on migration and asylum. – I.1. Informalisation and cooperation on the readmission. – I.2. Growing interest in informalisation: a literature review. – II. Informalisation, soft law and soft agreements: key concepts and definitions in the readmission policy field. – II.1. Understanding...

Market Power and the GDPR: Can Consent Given to Dominant Companies Ever Be Freely Given?

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Table of Contents: I. Introduction. – II. The Facebook case. – II.1. Case overview. – II.2. The opinion of the AG. – III. Dominance for GDPR purposes. – III.1. Market power and the GDPR. – III.2. Dominance in AG Ranto’s opinion. – III.3. The definition of “gatekeeper” under the DMA. – IV. Dominance and the validity of consent. – IV.1. Freely given...

Digital Detectives: A Research Agenda for Consumer Forensics

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Table of Contents: I. Introduction. – II. Consumer law enforcement through computational investigations. – II.1. The CPC Regulation. – II.2. DSA. – III. Computational Measurements of Influencer Activity: a case study for digital enforcement. – IV. Consumer forensics: a new field for digital detectives. – IV.1. Consolidating data collection and...

Regulation of Crypto-assets in the EU: Future-proofing the Regulation of Innovation in Digital Finance

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Table of Contents: I. Introduction. – II. Regulating innovation in the digitalised age. – II.1. Impact of regulation on innovation. – II.2. Crypto-assets as innovation: a moving target. – III. The regulation of crypto-assets in the EU. – III.1. The MiCA framework, its objectives and challenges. – III.2. Activity- and risk-based approach to...

Introduction: Future-proof Regulation and Enforcement for the Digitalised Age

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Abstract: This Special Section is devoted to assessing whether core areas and core values of European law are future-proof (and how they could or should be made future-proof) in light of developments in terms of digitalisation and technological innovation. It is the result of a joint project of researchers at the Utrecht Centre for Regulation and...

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