The Misleading Consequences of Comparing Algorithmic and Tacit Collusion: Tackling Algorithmic Concerted Practices Under Art. 101 TFEU

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Table of Contents: I. Preliminary remarks. – II. The increasing attractiveness of cartels in the age of big data analytics. – III. Collusion between rational algorithms: the relation between market transparency and artificial intelligence in a world of big data. – IV. Existing vs created market conditions: tacit collusion or algorithmic...

In Limbo: Divergent Conceptualisations of Ill-treatment by European Courts and the Creation of Non-removable Migrants

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Table of Contents: I. Introduction. – II. Art. 3 ECHR as an obstacle to deportation. – II.1. Soering and beyond: absolute protection under the ECHR. – II.2. From inflicted to situational risks: cases of illness and non-refoulement. – II.3. What next? Non-refoulement and non-removability. – III. The scope of subsidiary...

Creating European Public Spheres: Legitimising EU Law Through a Reconfiguration of European Political Parties

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Table of Contents: I. Introduction. – II. The importance of the public sphere for the democratic legitimacy of law. – III. Conceptualising European public spheres. – III.1. Barriers to European public spheres. – III.2. Adaptations at the EU level. – IV. Status quo of European public spheres. – IV.1. Institutions of the EU’s sphere of will...

Reasoning, Interpretation, Authority, Pluralism, and the Weiss/PSPP Saga

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Table of Contents: I. Introduction. – II. National courts interpret EU law. – III. German Constitutional Court interprets EU law. – III.1. Surrendering. – III.2. Forgetting. – III.3. Rejecting. – IV. Interpretation, contestation, pluralism. – IV.1. I hear, but I cannot understand. – IV.2. That’s just the way it is. – IV.3. Enter interpretive...

EU Law Against Hybrid Threats: A First Assessment

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Table of Contents: I. Introduction. – II. Disinformation. – II.1. Fake news. – II.2. Art. 114 TFEU: common foreign and security policy restrictive measures. – III. Foreign subsidies and investment. – III.1. “Hostile” subsidies and investment. – III.2. Art. 207 TFEU: the common commercial policy, the foreign direct investment screening regulation,...

An Army of Peoples? A Demoicratic Perspective on a Future European Army

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Table of Contents: I. Introduction. – II. The constitutional dimension of armed forces. – II.1. The military as part of State authority. – II.2. International military forces. – II.3. The EU and defence: from failure to incremental integration. – II.4. Interim conclusion. – III. The EU as a demoicracy. – IV. Taking stock: the combination of...

Shaping the Future Towards a Solidary Refugee Resettlement in the European Union

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Table of Contents: I. Introduction. – II. The concept of refugee resettlement. – III. A Union based on solidarity and fair responsibility sharing? – IV. The EU can spur global refugee resettlement. – IV.1. The EU’s competence to adopt legislation in the field of refugee resettlement. – IV.2. The EU can support but not replace EUMS’ administration...

Reshaping the Future of Europe with Complementary Currencies

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Table of Contents: I. The phenomenon of complementary currencies. – II. The bigger picture: the eurozone. – III. Legal status of complementary currencies in Germany. – IV. Societal challenges. – V. Collective design of money. – VI. Oligarchical and democratic ways of creating money. – VII. Conclusion.

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The ECN+ Directive: An Example of Decentralised Cooperation to Enforce Competition Law

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Table of Contents: I. Introduction. – II. The road to the ECN+. – II.1. Regulation 1/2003. – II.2. Success and shortcomings of Regulation 1/2003. – II.3. Actions taken to address the shortcomings. – III. The ECN+ Directive. – III.1. Institutional security of NCAs. – III.2. Harmonised power to investigate and sanction. – III.3. Dissuasive fines. –...

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Forum Européen

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