e-Journal
- 655 visitas
Tackling Migration Externally Through the EU Common Foreign and Security Policy: A Question of Legal Basis
e-Journal
- 806 visitas
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 Value of Democracy in EU Law and Its Enforcement: A Legal Analysis
e-Journal
- 1478 visitas
Table of Contents: I. Introduction. – II. Democracy as a value of EU Law. – II.1. The development of the value of democracy in the European Union – II.2. The value of democracy in art. 2 TEU and the Copenhagen criteria – III. The value of democracy beyond art. 2 TEU. – III.1. Right to vote and to stand as a candidate – III.2. Art. 10 TEU – III.3....
The Activities of Frontex on the Territory of Third Countries: Outsourcing Border Controls Without Human Rights Limits?
e-Journal
- 1004 visitas
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...
The Ne Bis in Idem Principle in the Age of Balancing
e-Journal
- 859 visitas
Table of Contents: I. Dual-track proceedings and the current scope of protection. – II. The need for a clear notion of “idem”. – III. The “sufficiently close connection in substance and time”: ECtHR case-law post A and B v Norway. – IV. The “sufficiently close connection in substance and time”: the unspoken balancing act engaged in by the...
Digital Libraries Under EU Copyright Law: A Relationship Set in Stone?
e-Journal
- 658 visitas
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...
Internal Market 3.0: The Old 'New Approach' for Harmonising AI Regulation
e-Journal
- 1350 visitas
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...
Targeted Retention of Communications Metadata: Future-proofing the Fight Against Serious Crime in Europe
e-Journal
- 1721 visitas
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...
Market Power and the GDPR: Can Consent Given to Dominant Companies Ever Be Freely Given?
e-Journal
- 846 visitas
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
e-Journal
- 749 visitas
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...
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