European Public Law: National eJournal最新文献

{"title":"Smart Metering Interoperability Issues and Solutions: Taking Inspiration from Other Ecosystems and Sectors","authors":"Valerie Reif, L. Meeus","doi":"10.2139/ssrn.3916192","DOIUrl":"https://doi.org/10.2139/ssrn.3916192","url":null,"abstract":"Interoperability in the context of smart electricity metering is high on the European policy agenda but its essence has been challenging to capture. In this paper, we look at experiences in other ecosystems (electromobility and buildings), other sectors (healthcare and public administration) and at the national level (the Netherlands and the UK). We show that the definition of interoperability depends on the context, that there are common solutions to different issues across sectors and that cross-sectoral factors must be increasingly considered. We recommend adopting a broader view in smart metering that goes beyond the interoperability of devices, considering solutions that have worked in other sectors and exploiting synergies across sectors. Our analysis of experiences provides a comparison that can help to move the debate at the EU level forward.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128488921","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COVID-19 Vaccination and Data Protection Issues: A European Comparative Study With Focuses on France, Germany, Belgium, and Switzerland","authors":"Olivia Tambou, A. Pato","doi":"10.2139/ssrn.3841427","DOIUrl":"https://doi.org/10.2139/ssrn.3841427","url":null,"abstract":"This report, which tackles data protection issues related to Covid-19 vaccinations, completes the study on vaccination policies carried out by the Max Planck Institute Luxembourg upon the request, and for the benefit of, the Ministry of Health of Luxembourg.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126330545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Costituzionalismo e diversità etnica: il caso della Bosnia-Erzegovina (Constitutionalism and Ethnic Diversity: The Case of Bosnia and Herzegovina)","authors":"Edin Skrebo","doi":"10.2139/ssrn.3756766","DOIUrl":"https://doi.org/10.2139/ssrn.3756766","url":null,"abstract":"<b>Italian Abstract:</b> Il presente contributo cerca di illustrare – prendendo spunto dal venticinquesimo anniversario dall’entrata in vigore della Costituzione della Bosnia-Erzegovina – il ruolo centrale che il fattore etnico assume all’interno dell’ordinamento bosniaco. Il testo si apre dedicando alcune considerazioni introduttive alla peculiare modalità con cui questa Carta costituzionale è stata redatta e adottata. Nella parte centrale del contributo, invece, si è posta l’attenzione sull’“istituzionalizzazione del fattore etnico”, il quale assume tanto peso circa l’assetto federale dello Stato, quanto per il funzionamento e la formazione delle istituzioni della Bosnia. Da ultimo, sono stati evidenziati alcuni limiti e criticità emersi dall’ordinamento costituzionale del paese.<br><br><b>English Abstract:</b> Twenty-five years have passed since the new Constitution of Bosnia and Herzegovina came into force. To celebrate this anniversary, the present article will try to highlight its peculiarities: first of all, the way in which this Constitution was drafted and adopted. Instead, the central part of the paper will be aimed at an in-depth analysis of the constitutional text on the topic of ethnic diversity. What emerges is a constitutional order based on the institutionalization of ethnic diversity, both at the level of the local structure of the States, and at the level of the composition and functioning of the state institutions themselves. In conclusion, the article will focus on a brief illustration of the main issues that have emerged over the last few years.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124632764","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Judicial Assistants in Europe – A Comparative Analysis","authors":"Anne Sanders","doi":"10.36745/ijca.360","DOIUrl":"https://doi.org/10.36745/ijca.360","url":null,"abstract":"In almost all Council of Europe Member States, judges do not work alone but are supported in their adjudicative duties by a growing number of judicial assistants. At first glance, these judicial assistants are as different as the legal systems in which they are employed. On a second glance, however, common features can be identified to analyse and compare judicial assistant schemes across courts and legal systems. First, the paper identifies three types of judicial assistants: potentially permanent “scribes” as in the Netherlands and Switzerland, “interns” fresh from legal education as in the UK, and “seconded judges” as in Germany, who spend a limited time at a higher court to gain experience for promotion. Second, the paper looks at the organisation of judicial assistants. They can be assigned to a specific judge (cabinet system) or organised in a pool for the whole court (pool system) or for a division or chamber (panel system). Third, the paper classifies the duties of judicial assistants in different systems on a scale according to the degree of involvement in the judicial process from mere research as in the UK to the complete drafting of decisions as in Switzerland and the Netherlands to (almost) independent work on small cases as in Slovenia.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116886901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Connected Italy","authors":"Giacomo Roma, Emanuela Ciapanna","doi":"10.2139/ssrn.3680749","DOIUrl":"https://doi.org/10.2139/ssrn.3680749","url":null,"abstract":"The purpose of this work is to describe the present conditions and possible development of telecommunication networks in Italy, with particular reference to new generation networks. We review the main technological solutions adopted from a cross-country perspective and investigate the determinants of the Italian lag on both the supply and demand side. We also assess the congestion risk associated with the COVID-19 emergency. The latter is interpreted as a large demand shock, whose effects on some sectors ? namely smart working, e-commerce and e-government ? are already visible. The main message from our analysis is that our country has shown varying degrees of resilience and adaptability to the shock: areas covered with high-speed broadband and clusters of firms and public administrations that had invested in digitalization in the past found themselves well equipped to face the shock. On the contrary, areas without an adequate bandwidth coverage, as well as firms and public administrations devoid of a settled digital culture, were caught unprepared. Our study reiterates the urgent need to maximize the coverage of the whole territory with high-speed internet broadband, and to invest in digital human capital development.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121622233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Draft for the 10th Amendment of German Competition Law: Towards a new Concept of 'Outstanding Relevance across Markets'?","authors":"Oliver Budzinski, Sophia Gaenssle, Annika Stöhr","doi":"10.2139/ssrn.3629066","DOIUrl":"https://doi.org/10.2139/ssrn.3629066","url":null,"abstract":"The ministerial proposal for a 10th amendment of the German competition law particularly addresses abuse control and seeks to tighten this pillar of competition policy against the background of the challenges from the digital economy. Next to extending the classic policy instruments of abuse control, the reform proposal suggests to introduce an additional and novel type of market power: the outstanding relevance across markets (ORAM). From an economic perspective, such an institution is interesting as it emphasizes non-horizontal and less direct anticompetitive abuses of market power. We review what type of cases could be subject to such a concept of systemic market power. Furthermore, we address the question whether merger control could also benefit from an ORAM-style conception.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114837999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Public Sector Purchase Programme Case","authors":"M. Waibel","doi":"10.2139/ssrn.3627749","DOIUrl":"https://doi.org/10.2139/ssrn.3627749","url":null,"abstract":"1747 applicants brought four constitutional complaints before the German Constitutional Court, which the Court consolidated for joint adjudication. They challenged the constitutionality of the European Central Bank’s Public Sector Purchase Programme (‘PSPP’), particularly the inaction of the German Federal Government, the Bundestag (German Parliament) and the Bundesbank (German Central Bank) concerning the PSPP. The European Central Bank (‘ECB’) launched the PSPP on 22 January 2015. This case note discusses the Court's judgment.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125583887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Publish Offer. Official Quotation.","authors":"Vito Gnazzo","doi":"10.2139/ssrn.3621411","DOIUrl":"https://doi.org/10.2139/ssrn.3621411","url":null,"abstract":"For the publication 2020-21.04 we looked at the legislative evolution in the context of the conditions for the admission of securities to the official listing of a stock exchange starting from 1979; we have considered the changes introduced in the Italian legal system introduced with the stability decree of 2014 with reference to the increased vote and multiple vote, that make changes to the provisions regarding the obligation to publish a takeover bid, including in the limit beyond the holding of a stake of more than 30% also the availability of a voting right of more than 30% following purchases. We carried out a study on the official listing on the stock exchange regulated by Directive 2001/34/EC, taking a look at the legislative changes since 1979 at the EU level and which led to the same directive; further studies were of interest to the public prospectus with reference to the requirements relating to the preparation, approval and dissemination. In the last paragraph we took a look at the regulation (EU) 909/2014 (CSDR) concerning central depositories that improves the securities settlment operated by CSDs, considering the systemic importance they assume in this role for the functioning of the securities markets. The commission has issued provisions aimed at increasing the prudential requirements established by the CRD IV regulation which regulates access to credit institutions, both for depositaries and for the same credit institutions when they provide the accessory banking services defined by the CSDR regulation for a securities settlement system has also sanctioned the prohibition of providing other banking services by the same legal entity to reduce exposure to the risk of bankruptcy, considering the application of limited liability for corporations and the article 44 paragraph 1 subparagraph 1 letter b and f that the relative subparagraph 3, of the BRRD directive (2014/59/EU). In the appendix we are interested in the additions made by the European Commission to the market abuse regulation, regulation (EU) 596/2014, with reference to the provisions of article 16 concerning the harmonization of a single model for reporting transactions and information deemed suspicious (STOR).","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"324 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133372910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Impact of the Rule of Law as a Fundamental Public Governance Principle on Administrative Law Interpretation in the Czech Republic","authors":"J. Janderová","doi":"10.17573/cepar.2019.2.06","DOIUrl":"https://doi.org/10.17573/cepar.2019.2.06","url":null,"abstract":"The rule of law is a fundamental principle and the cornerstone of Western democracies and their public governance. Its underlying value is the idea of constraint of governmental power. The rule of law principle acts as an interpretative concept in most contexts of the exercise of public powers in the EU and its Member States, with the courts exercising supervision over the activities of administrative bodies. However, the teleological argumentation through fundamental principles is not inherent to all Central and Eastern European judicial and administrative bodies, given the long tradition of formalistic approach in most of them. The article analyses whether the approach has changed during the past thirty years and to which level the principle of the rule of law is used for interpretation of administrative law provisions by courts in the Czech Republic. Since the case law of the Czech Constitutional Court and the Czech Supreme Administrative Court is based on the arguments of legality and proportionality as the key elements of the rule of law, their cases were analysed using a comparative method. The article identifies a general tendency in legally difficult cases to move from purely linguistic interpretation to interpretation through values, including the rule of law. Most of the analysed cases reveal that the formalistic interpretation was strongly criticised by both the Constitutional and the Supreme Administrative courts. However, slight differences in their perception of the principles of legality and proportionality were discerned, namely in the debate on the intensity of control exercised by administrative courts over factual and discretionary decisions by administrative authorities. Nevertheless, these differences produce beneficial effects, as both principles continue being developed thanks to the exchange of opinions between the courts. Further research could be conducted for similar countries in the region.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123130193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Accountability","authors":"Athanasios Psygkas","doi":"10.2139/ssrn.3543600","DOIUrl":"https://doi.org/10.2139/ssrn.3543600","url":null,"abstract":"Key debates in administrative law often play out within the contours of ‘accountability’. This chapter suggests that the concept of accountability is normatively and analytically useful in comparative administrative law, provided that there is clarity as to the level of abstraction at which the term is used. The chapter proposes a three-tier approach to the concept of accountability—accountability as a political ideal (‘level 1 accountability’), as a specific set of normative commitments (‘level 2 accountability’), and as an empirical phenomenon (‘level 3 accountability’). It argues that the usefulness (and contestability) of comparative approaches will vary as one moves from one tier to the next. Next, it discusses three case studies that illustrate specific institutional manifestations of accountability and demonstrate how the operation of accountability differ based on the background constitutional structure. Finally, the chapter presents certain key challenges to accountability that implicate different tiers of accountability.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"45 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129766059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}