Croatian Yearbook of European Law and Policy最新文献

Regulating Digital Platforms: Will the DSA Correct Its Predecessor’s Deficiencies? 数字平台监管:DSA会纠正其前身的不足吗?

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.3935/cyelp.18.2022.485

Berrak Genç-Gelgeç

引用次数: 1

How much critical distance in the academic study of European law? 欧洲法学术研究的临界距离有多远?

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.26481/spe.20221007bw

B. de Witte

引用次数: 0

Is the Essential Facilities Doctrine Fit for Access to Data Cases? The Data Protection Aspect 基本设施原则是否适用于查阅资料个案?资料保障方面

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.3935/cyelp.18.2022.483

Rok Dacar

引用次数: 1

The Risks to Judicial Independence in Latvia: A View Eighteen Years Since EU Accession 拉脱维亚司法独立面临的风险:加入欧盟18年来的观察

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.3935/cyelp.18.2022.482

Beatrice Monciunskaite

{"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}

引用次数: 1

Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System, Maciej Bernatt 民粹主义与反垄断:民粹主义政府对竞争法体系的非自由主义影响[j]

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.3935/cyelp.18.2022.489

Jasminka Pecotić Kaufman

引用次数: 2

Is There Room for Food Sovereignty Considerations in EU Competition Policy? A Theoretical Framework 欧盟竞争政策是否有考虑粮食主权的余地?理论框架

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.3935/cyelp.18.2022.468

M. M. Csirszki

引用次数: 0

The EU Regulation on the Import of Cultural Goods: A Paradigm Shift in EU Cultural Property Legislation? 欧盟文化产品进口法规:欧盟文化财产立法的范式转变?

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.3935/cyelp.18.2022.472

T. Szabados

引用次数: 0

International Jurisdiction and the Law Applicable to Disputes Arising From Infringement of the Right to a Trade Name as an Industrial Property Right 商号作为工业产权的权利被侵犯所引起的争端的国际管辖和适用法律

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.3935/cyelp.18.2022.484

Helena Pullmannová

引用次数: 0

Book Review: The Politics of European Legal Research: Behind the Method, Marija Bartl and Jessica C. Lawrence (eds) 《欧洲法律研究的政治:方法背后》，玛丽亚·巴特尔、杰西卡·c·劳伦斯主编。

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.3935/cyelp.18.2022.474

Branka Marušić

引用次数: 0

Proportionality of Internal Border Controls: From the Covid-19 Pandemic to the 2021 Proposal 内部边境管制的相称性:从2019冠状病毒病大流行到2021年提案

Croatian Yearbook of European Law and Policy Pub Date : 2022-12-30 DOI: 10.3935/cyelp.18.2022.490

Léa Schumacker

{"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}

引用次数: 0