The Digital Markets Act Proposal of the European Commission: Ex-ante Regulation, Infused with Competition Principles

Insight

Abstract: This Insight on the legislative proposal for a Digital Markets Act (DMA), issued on 15 December 2020 by the European Commission, discusses the importance of clearly delineating the objectives under which enforcement of the said act will take place. This is necessitated because of the closeness, if not overlap with the domain of EU...

The European Union Customs Administration and the Fight Against Fraud

Insight

Abstract: The EU customs management system is based on uniform legislation that is implemented on a decentralised basis by the Member States. In theory, the Customs Union should operate as if it were one single administration. In practice, the non-harmonised and uncoordinated application of the common customs legislation disrupts the proper...

Soft Law in EU Electronic Communications Regulation: A Bulgarian Case Study

Insight

Abstract: Soft law adopted by the European Commission is an integral part of the EU regulatory framework for electronic communications networks and services, and has always played an important role in the regulatory process. In economic regulation under the framework, the use of binding legislation is limited to prescribing general regulatory powers...

AI Regulation Through the Lens of Fundamental Rights: How Well Does the GDPR Address the Challenges Posed by AI?

Insight

Abstract: In early 2020, the European Commission published a White Paper on artificial intelligence (AI) regulation, in which it highlighted the need to review the EU’s legislative framework with a view to making it fit for the current technological developments. The aim of this Insight is to carry out such review from the perspective of...

EU Soft Law Instruments as a Tool to Tackle the COVID-19 Crisis: Looking at the “Guidance” on Public Procurement Through the Prism of Solidarity

Insight

Abstract: The European Commission has used soft law instruments to tackle the COVID-19 crisis. In so doing, it not only tried to accommodate the emergency within the flexibilities inherent in EU law, but it also assumed, along with national authorities, its own share of responsibility to respond to economic and public health issues. By taking as a...

Free Movement of Workers in the Light of the COVID-19 Sanitary Crisis: From Restrictive Selection to Selective Mobility

Insight

Abstract: In a context of widespread border checks and border closures, the circulation of workers was not totally abolished: some workers, whose mobility was considered necessary, continued to benefit from free movement. The selection of the types of work mobility to be preserved, in the crisis, is the starting point of this contribution. After...

Regulating Composite Platform Economy Services: The State-of-play After Airbnb Ireland

Insight

Abstract: A number of platform economy services are composite insofar as they consist of an element provided by electronic means and another that is not provided by electronic means. Determining whether platforms provide only the online intermediation service or an overall service comprising the underlying physical service as well is instrumental in...

The COVID-19 Emergency and the Reintroduction of Internal Border Controls in the Schengen Area: Never Let a Serious Crisis Go to Waste

Insight

Abstract: The Insight analyses the wave of internal border control reintroductions following the COVID-19 outbreak. It addresses the relevant legal framework and discusses the possible implications for the Schengen Area, in the light of the recent practice of highly disputed prorogations of border controls and of the pending reform of the...

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