Table of Contents: I. Introduction. – II. The evolution of the “New Approach” to harmonisation in the EU: setting the scene. – II.1. The “New Approach” to technical harmonisation. – II.2. The Digital Single Market. – III. Harmonisation in the Draft AI Act: old wine in a new bottle, or new wine? – III.1. Risk-based approach of the Draft AI Act. – III...
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...
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...
Table of Contents: I. Introduction: libraries and copyright law in the digital networked environment. – II. Digital library developments: institutional organisation, purpose and functions. – III. Assessment: digital libraries under the modernised DSM directive: is EU copyright law currently future-proof? – III.1. Institutional organisation. – III.2...
Table of Contents: I. Introduction: data retention and future-proofing. – II. “The Lighthouse for Privacy Rights in Europe”? Past and present CJEU case law on communications data retention. – II.1 Retain in haste, repent at leisure: the legacy of Directive 2006/24/EC. – II.2. La Quadrature du Net and Privacy International: from...
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...
Table of Contents: I. Introduction. – II. Personalised marketing and its potential to exploit consumer vulnerabilities. – II.1. Personalised marketing. – II.2. Potential to exploit consumer vulnerabilities. – III. Consumer protection against personalised marketing: shortcomings of the current EU legal framework. – III.1. The Unfair Commercial...
Table of Contents: I. Convention control over the application of Union law by domestic courts. – I.1 The principle. – I.2. Applications. – II. The case for a wholistic approach to fundamental rights: state of the play. – II.1. The European Court of Human Rights. – II.2. The Court of Justice of the European Union. – III. Conclusion....
Table of Contents: I. Introduction. – II. Post-Charter situation at first glance. – III. Post-Charter situation: second thoughts. – III.1. Autonomy (first). – III.2. Legitimacy (when needed). – IV. Conclusion: what about the standard of protection?
Abstract: Whilst the ECtHR’s case-law has occupied...
Abstract: The relationship between EU law and the ECHR has undergone significant changes in recent decades. The EU has developed its own Charter of Fundamental Rights, gained powers to promote specific fundamental rights, and negotiations for EU accession to the ECHR are ongoing. These evolving parameters strengthen the interactions between the EU...
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