- 1289 visitas
Foro Europeo
EU Cross-border Telemedicine: A Partial Harmonisation of Product and Professional Liability?
- 3220 visitas
Abstract: Telemedicine raises complex legal issues. The challenging regulatory choices needed to adequately cope with the digital transformation of healthcare become more pronounced when the provision of healthcare services bridges national borders. Recently the EU has undoubtedly presented itself as a particularly active player in harmonising the...
Who are the Russian Oligarchs? Recent Developments in the Case Law of the European Court of Justice
- 3082 visitas
Abstract: This Insight examines the developments in the EU restrictive measures against Russia in the aftermath of the full-scale aggression in Ukraine, focusing on the novel "(g) criterion" designed to target Russian businesspersons (often referred to as Russian oligarchs). The analysis illustrates the recent litigation before the General...
The EU and Russian Aggression: Perspectives from Kant, Hobbes, and Machiavelli
- 3798 visitas
Abstract: This Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking as its starting point Josep Borrell’s comment that “we are too much Kantians and not enough Hobbesians” at the 2022 EU Ambassadors’...
Media in War: An Overview of the European Restrictions on Russian Media
- 5370 visitas
Abstract: The ongoing Russia-Ukraine conflict has triggered a multitude of media regulation challenges within the EU. With the Russian state propaganda machinery continuing to work in full swing, it has become increasingly critical for the EU to regulate media content to prevent the dissemination of disinformation, harmful and misleading information...
La contribution de l’arrêt J.K. à la redéfinition des frontières du droit social de l’Union
- 2201 visitas
Abstract: From an EU social law perspective, the decision of the Court of justice in J.K. appears prima facie to be a step forward in the construction of a universal labour law regime. However, the case strictly limits the progress towards an assimilation of the situation of employees and self-employed, in EU social law. First, by...
La directive 2000/78/CE au cœur de la politique sociale et des valeurs de l’UE. Les enjeux de l’arrêt J.K c TP S.A
- 2259 visitas
Abstract: The J.K. v TP S.A ruling is an important judgment, and not only because it led the Court to settle main questions of substantive law. In the context of adapting social law to new forms of employment relations, the Court first clarified the personal scope of Directive 2000/78/CE. Secondly, it addressed the relationship between non-...
Mutual Trust and EU Accession to the ECHR: Are We Over the Opinion 2/13 Hurdle?
- 6711 visitas
Abstract: After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns...
L’arrêt J.K. au prisme de la liberté contractuelle
- 2686 visitas
Abstract: In the J.K. case, the CJEU condemned Polish legislation derogating, in the name of the freedom to choose a contract, from the prohibition of discrimination based on sexual orientation in employment and occupation. However, one may wonder about the scope of this decision concerning the exemptions permitted by Directive 2000/78 when...
L’Europe est-elle queer? Homosexualité et valeurs de l’Union européenne
- 2572 visitas
Abstract: One way of understanding the JK ruling is to see it as the symptom of a war of values within the European Union. In the context of “illiberal democracy”, the question of sexual identity resonates and conflicts with that of religious identity, creating a trouble within European values. In an attempt to resolve it, the jurisprudence tries to...
Páginas
- 13847 visitas