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...

Sovereign Within the Union? The Polish Constitutional Tribunal and the Struggle for European Values

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On 6 October 2021, the Polish Constitutional Tribunal (CT) delivered its much-awaited ruling in case K 3/21. The Tribunal declared the unconstitutionality of arts 1, 2 and 19 TEU inasmuch as they require that national judges discard the Polish legislation on the organisation of the judiciary; in particular, those provisions which, in the view of the CJEU, place the Polish...

The EU Response to Terrorist Content Online: Too Little, (Maybe not) Too Late?

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Table of Contents: I. Introduction. – II. The fight against the dissemination of terrorist content online: a substantive framework. – III. The Commission’s proposal on the extension of the EPPO’s competence to terrorist conducts. – IV. The persistent role of Eurojust and Europol as crucial cybersecurity and human rights guardians. – V. Some...

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. –...

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...

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...

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,...

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.

Abstract...

The Court of Justice, Genuine Disputes and Jurisdictional Control: Making Sense of Foglia II in Light of Its Dossier

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Table of Contents: I. Introduction. – II. The Foglia saga: towards jurisdictional control. – II.1. Foglia I and the facts leading to Foglia II. – II.2. Foglia II: main features and reception in the literature. – III. Paths not taken: reflecting on the dossier and its value. – III.1. A (lack of) genuine...

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Forum Européen

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