{"title":"Regulating Digital Platforms: Will the DSA Correct Its Predecessor’s Deficiencies?","authors":"Berrak Genç-Gelgeç","doi":"10.3935/cyelp.18.2022.485","DOIUrl":"https://doi.org/10.3935/cyelp.18.2022.485","url":null,"abstract":"","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125618463","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":"How much critical distance in the academic study of European law?","authors":"B. de Witte","doi":"10.26481/spe.20221007bw","DOIUrl":"https://doi.org/10.26481/spe.20221007bw","url":null,"abstract":"What is, in the field of European Union law, the proper role of academic scholars? And how, specifically, do they and should they relate to the work of the practitioners of European law who work in the various institutions of the European Union: in the Court of Justice, the European Commission, the European Parliament, the Council of Ministers and the many other bodies and agencies? This kind of question is situated in a growing sub-field within the academic discipline of European Union law. That sub-field deals with self-reflection about the academic field itself. For instance, there are more and more contributions on the research methods to be used in dealing with EU law. There are also contributions by legal scholars on the sociology-and-politics of EU law academia. This essay fits into the latter category. It is about the sociology and politics of EU law as an academic discipline, but seen from one particular angle, namely the way in which EU law academic research is intertwined with the legal work accomplished by the European institutions.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133546268","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":"Is the Essential Facilities Doctrine Fit for Access to Data Cases? The Data Protection Aspect","authors":"Rok Dacar","doi":"10.3935/cyelp.18.2022.483","DOIUrl":"https://doi.org/10.3935/cyelp.18.2022.483","url":null,"abstract":"","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116643009","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 Risks to Judicial Independence in Latvia: A View Eighteen Years Since EU Accession","authors":"Beatrice Monciunskaite","doi":"10.3935/cyelp.18.2022.482","DOIUrl":"https://doi.org/10.3935/cyelp.18.2022.482","url":null,"abstract":": The European Union (EU) is in the midst of what could be deemed the biggest threat to its current order since its inception: Member States backsliding on EU founding values. Indeed, the EU is showing no sign of having the rule of law backsliding crisis under control in states such as Hungary and Poland, a decade since the first signs of populist takeovers emerged. Since the foundational values of liberal constitutional democracy were first challenged in these two Central Eastern European (CEE) countries, similar issues in other Member States have also come to light, such as in the Czech Republic and Malta, amongst others. However, little information is available about the democratic stability of other States that also acceded to the EU in 2004. This paper is a stocktaking exercise which aims to address this gap in relation to the fidelity of Latvia to the founding EU value of the rule of law 18 years since it became an EU member. It will examine the state of judicial independence in Latvia during the past few years. Attacks on judicial independence are the main battleground on which the EU is fighting Hungary and Poland, and a value that is considered central to the EU’s understanding of the rule of law. It is important to understand Latvia’s current state of judicial independence in order to build a broader picture of the status of the rule of law in all Member States. This knowledge will help to fight the EU’s rule of law crisis and the rise of populism. This is something that needs to be achieved sooner rather than later so that the EU can stand united against an ever more aggressive Russia to the East.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"322 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128304282","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":"Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System, Maciej Bernatt","authors":"Jasminka Pecotić Kaufman","doi":"10.3935/cyelp.18.2022.489","DOIUrl":"https://doi.org/10.3935/cyelp.18.2022.489","url":null,"abstract":"","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132543048","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":"Is There Room for Food Sovereignty Considerations in EU Competition Policy? A Theoretical Framework","authors":"M. M. Csirszki","doi":"10.3935/cyelp.18.2022.468","DOIUrl":"https://doi.org/10.3935/cyelp.18.2022.468","url":null,"abstract":"","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116664775","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 EU Regulation on the Import of Cultural Goods: A Paradigm Shift in EU Cultural Property Legislation?","authors":"T. Szabados","doi":"10.3935/cyelp.18.2022.472","DOIUrl":"https://doi.org/10.3935/cyelp.18.2022.472","url":null,"abstract":": The EU has recently decided to regulate the import of cultural goods in the EU. While the new provisions have been widely criticised for various reasons, primarily for having a freezing effect on the European art trade, it cannot be overlooked that the regulation of the import of works of art is not unprecedented, either in international, regional and national legal instruments or at the level of EU legislation. The new legislation can be considered a paradigm shift. It completes the pre-existing EU legal sources that primarily aimed to protect cultural goods originating from the EU and provides equal and symmetric protection for cultural goods arriving from third countries. In this way, the EU regulation transcends a self-centred regional approach and embodies a global vision of the protection of cultural heritage.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123251838","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":"International Jurisdiction and the Law Applicable to Disputes Arising From Infringement of the Right to a Trade Name as an Industrial Property Right","authors":"Helena Pullmannová","doi":"10.3935/cyelp.18.2022.484","DOIUrl":"https://doi.org/10.3935/cyelp.18.2022.484","url":null,"abstract":"","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117294138","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":"Book Review: The Politics of European Legal Research: Behind the Method, Marija Bartl and Jessica C. Lawrence (eds)","authors":"Branka Marušić","doi":"10.3935/cyelp.18.2022.474","DOIUrl":"https://doi.org/10.3935/cyelp.18.2022.474","url":null,"abstract":"The first thing that strikes the reader of The Politics of European Legal Research: Behind the Method is the narrative of the structure. A mere glance at the contents page promises the reader that the discussion will be viewed through four perspectives: the politics of questions, the politics of answers, the politics of audiences, and the politics of the concept of law. Although the reader might be enticed by this grouping and expect an overarching chapter for each perspective, this expectation falls short. Nevertheless, the grouping of the discussion in the aforementioned four focal points and then delivering different perspectives under these focal points is a most welcome contribution to the recent method debates.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115818334","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":"Proportionality of Internal Border Controls: From the Covid-19 Pandemic to the 2021 Proposal","authors":"Léa Schumacker","doi":"10.3935/cyelp.18.2022.490","DOIUrl":"https://doi.org/10.3935/cyelp.18.2022.490","url":null,"abstract":"Most Schengen Member States reintroduced internal border controls in response to the COVID-19 pandemic. These controls, which in some instances lasted for several months, jeopardised the principle of an area without borders and had to comply with the principle of proportionality. This article examines four aspects of these controls related to proportionality: the type of threat invoked, the adequacy of the measures, the duration of the controls, and the scrutiny over proportionality. First, it demonstrates that the current Schengen Borders Code contains appropriate safeguards for each aspect. However, some Schengen Member States disregarded them during the COVID-19 pandemic, and the Commission did not use its scrutiny powers. In December 2021, the Commission proposed to amend the Schengen Borders Code. This 2021 proposal adapts the rules to the Schengen Member States' practices during the COVID-19 pandemic. Then, this article argues that this proposal improves the aspects of legal certainty and scrutiny but does not satisfactorily address the aspects of adequacy and duration of internal border controls. In addition, the article presents some recommendations to increase the proportionality of the controls that the Schengen Member States would reintroduce following the 2021 proposal.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127366782","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}