Croatian Yearbook of European Law and Policy最新文献

{"title":"Twists and Turns of Democratic Transition and Europeanisation in East-Central Europe Since 1989: Betwixt EU Member and Neighbour State-Building","authors":"Andriy Tyushka","doi":"10.3935/CYELP.16.2020.375","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.375","url":null,"abstract":"With democracy declining and becoming sporadically illiberal and populist in Europe and elsewhere, the questions of democratic transformation gain new resonance and topicality. Within the European Union and its neighbourhoods, the results of long-pursued Europeanisation are being reconsidered against the new criteria of democratic transition resilience, as well as against the new realities of emerging de-democratisation and de-Europeanisation undercurrents – and the re-emerging split of Europe. The thirtieth anniversary of the Central and Eastern European countries’ democratic transition and ‘return to EUrope’ provides a good opportunity to reassess successes and shortcomings of their transformation trajectories. Rather than engaging in a metrical exercise of measuring the quality of democracy in each EU member state, this article approaches the puzzle of East-Central European states’ transition resilience from an interdisciplinary law and politics perspective on the respective countries’ transition to EU ‘member-statehood’ and ‘neighbour-statehood’ as distinct types of statehood. In so doing, it develops an account of European Union ‘member state-building’ and ‘neighbour state-building’ as an inherent part of the respective countries’ simultaneous transformation, European integration, and state-building agendas. Drawing on the democratisation, Europeanisation and state-building literatures, as well as a wealth of primary sources, this article bridges the discussion of the differentiated EU-induced and EU-centric transition trajectories of candidate and non-candidate countries in light of them becoming successfully, or less so, ‘ideal’ EU members or neighbours, respectively. \u0000Keywords: Central and Eastern Europe, transformation, democratic transition, Europeanization, state-building, EU member state-building, EU neighbour state-building. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: A Tyushka, ‘Twists and Turns of Democratic Transition and Europeanisation in East-Central Europe Since 1989: Betwixt EU Member and Neighbour State-Building’ (2020) 16 CYELP 133.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"207 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122146014","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 It Time to Consider EU Criminal Law Rules on Robotics?","authors":"Igor Vuletić, T. Petrašević","doi":"10.3935/CYELP.16.2020.371","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.371","url":null,"abstract":"This paper is devoted to issues which have not been sufficiently explored in European literature, and which have had fragmented consideration in comparative literature. These issues raise the question of whether the EU legislator should develop a framework of criminal law rules which would regulate the use of Artificial Intelligence (hereinafter: AI) in the near future, and what such rules should specifically address. The authors recognise two issues of particular importance for the future regulation of AI development within the EU, and offer their perspective on the areas which should be subjected to regulation in this regard. In order to provide a systematic overview of this topic, the paper starts with a description of the recent regulatory action of the EU in the field of AI, with special reflection on the Ethics Guidelines for Trustworthy AI. The authors then describe what are, in their opinion, the most important intersections of AI and criminal law in the broader sense, and in conclusion present their views of which areas should be specifically regulated by EU legislature in this context. \u0000Keywords: robot, Artificial Intelligence, criminal law, criminal procedure, autonomous, sanctions, European Union. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: I Vuletic and T Petrasevic, ‘Is it Time to Consider EU Criminal Law Rules on Robotics?’ (2020) 16 CYELP 225.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"678 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122973359","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":"Cross-Border Commercial Disputes: Jurisdiction, Recognition and Enforcement of Judgments After Brexit","authors":"M. Kulińska","doi":"10.3935/CYELP.16.2020.370","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.370","url":null,"abstract":"Brexit raises a whole range of legal issues in multiple areas. The consequences on the EU framework for jurisdiction, recognition and enforcement of judgments are of particular interest for private parties involved in cross-border commercial agreements. This paper explores the legal basis for the jurisdiction of courts and the enforcement and recognition of judgments between the UK and EU-27 courts after Brexit. In addition, it broadly contrasts the main differences of the proposed solutions compared to the EU system. The paper argues that international conventions can provide answers to some of the questions as they set out rules for the jurisdiction, enforcement and recognition of judgments. However, there are factors that can have an impact on possible legal outcomes, such as the framework of the future deal between the UK and the EU-27, the moment of the commencement of proceedings by the parties in the transition period, or the fact that the parties did not opt for exclusive jurisdiction in their agreements. The Withdrawal Agreement provides for some clarity on which EU law provisions apply during the transition period. In addition, the EC Notices and the UK Brexit legislation provide for guidelines as to the rules applicable in and immediately after the transition period. Nevertheless, as the paper analyses, there is still a need for further clarification. Therefore, other methods of dispute resolution proposed in the article such as moving to arbitration instead of English court jurisdiction could provide legal certainty for private parties. \u0000Keywords: EU law, Brexit, art 50, withdrawal agreement, recognition and enforcement of judgements, EU civil justice and judicial cooperation, cross-border commercial disputes. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: M Kulinska, ‘Cross-Border Commercial Disputes: Jurisdiction, Recognition and Enforcement of Judgments After Brexit’ (2020) 16 CYELP 279.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130645918","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 Common Commercial Policy after Opinion 2/15: No Simple Way to Make Life Easier for Free Trade Agreements in the EU","authors":"O. Svoboda","doi":"10.3935/cyelp.15.2019.350","DOIUrl":"https://doi.org/10.3935/cyelp.15.2019.350","url":null,"abstract":"On 16 May 2017, the Court of Justice of the EU (CJEU) delivered a long-awaited opinion on the legal nature of the free trade agreement between the EU and Singapore (Opinion 2/15). This decision was highly anticipated as it was expected to clarify uncertainties of several aspects of the EU Common Commercial Policy (CCP) which has broadened in scope after the Lisbon Treaty. The CJEU’s conclusion on the division of competences and its possible impacts on the CCP immediately sparked a debate within the Union’s institutions about its future direction. In particular, the architecture of EU free trade agreements, the dominant tool of the CCP at the beginning of the 21st century, is now under scrutiny. Trade deals without investment provisions could potentially simplify many steps which now burden the treaty-making process. This paper discusses Opinion 2/15 and its significance for the future development of the CCP. It explores and analyses the implications for shaping the post-Lisbon CCP with regard to two specific areas: investment protection and sustainable development. The paper concludes that a new architecture for EU trade agreements could be further improved as there is a potential to preserve the CCP as both an operational and ambitious trade policy. In this respect, comprehensive FTAs encompassing trade, investment and sustainability deserve a second thought in the EU. \u0000Keywords: Common Commercial Policy, free trade agreement, competence, investment protection, sustainable development. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000Suggested citation: O Svoboda, ‘The Common Commercial Policy after Opinion 2/15: No Simple Way to Make Life Easier for Free Trade Agreements in the EU’ (2019) 15 CYELP 189.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129880354","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":"Migration and the Rule of (Human Rights) Law: Two ‘Crises’ Looking in the Same Mirror","authors":"Francesco Luigi Gatta","doi":"10.3935/cyelp.15.2019.346","DOIUrl":"https://doi.org/10.3935/cyelp.15.2019.346","url":null,"abstract":"This article will attempt to demonstrate the interrelationship between two ‘crises’ that the European Union is facing: the so-called ‘migration’ or ‘refugee crisis’ and the crisis of the principle of the rule of law. In particular, the two crises find their point of connection in the responses to migratory flows put in place by the EU and some of its Member States. The increasing migratory pressure on European external borders has induced some governments to adopt a restrictive and security-driven approach, carried out, on the one hand, by reinforcing border controls and surveillance, and, on the other, by seeking the cooperation of non-EU countries in order to curb migratory flows, contain departures, and tackle the movements of migrants towards Europe. These ‘securitisation’ and ‘externalisation’ strategies are in contrast with the principle of the rule of law under two perspectives: on the one hand, they violate some of its essential components, such as transparency, legal and procedural certainty, democratic participation, and control; on the other, they breach the same principle insofar as they lead to severe human rights violations. As for the first aspect, migration and border control policies have been put in place by frontline States through a growing proliferation of atypical, informal, and non-transparent measures of migration governance, which, sounding ‘legal’ without actually being so, allow legislative, procedural and democratic frames to be avoided. Examples in this sense may be identified in the so-called EU-Turkey Statement or in the informal, over-simplified cooperation arrangements concluded by some EU frontline Member States with African countries, as in the case of Italy and Niger. As for the second aspect, the impact on the rule of (human rights) law of the response of some EU Member States to the migration crisis may be measured through the case law of the European Court of Human Rights and, more specifically, by considering the decisions concerning the most severe violations of migrants’ rights, including those of the prohibitions of refoulement and of collective expulsion, as well as cases of illegal detention and deprivation of liberty. \u0000Keywords: rule of law, refugee crisis, refoulement, collective expulsion, detention, European Court of Human Rights, European Union. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000Suggested citation: F L Gatta, ‘Migration and the Rule of (Human Rights) Law: Two ‘Crises’ Looking in the Same Mirror’ (2019) 15 CYELP 99.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130140341","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":"Innovation Ecosystems in the European Union: Towards a Theoretical Framework for their Structural Advancement Assessment","authors":"S. González, Renata Kubus, Juan Mascareñas","doi":"10.3935/CYELP.14.2018.307","DOIUrl":"https://doi.org/10.3935/CYELP.14.2018.307","url":null,"abstract":"A theoretical framework to describe and assess the advancement of innovation ecosystems in the contemporary European Union is more than necessary in order to map actors and processes, and thus provide a more comprehensive and dynamic approach. For actors, the reframed innovation helix perspective is applied, while the multilevel perspective is used for processes. At each innovation progress stage, other actors should have a slightly different role, be more active and important, and also relate to each other in a different manner. The emergence and density of intermediary actors are seen as important aspects. From the process perspective, the innovation application and also its adoption at the sociotechnical landscape level are seen as crucial. Thus, collective intelligence with societal implications and consideration for the environment evolve into the key ingredients of an advanced innovation ecosystem in the European Union.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130798792","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":"Blame it on Brussels: EU Law and the Distributive Effects of Globalisation","authors":"Tamara Perišin, S. Koplewicz","doi":"10.3935/CYELP.14.2018.314","DOIUrl":"https://doi.org/10.3935/CYELP.14.2018.314","url":null,"abstract":"Over recent years, or even decades, issues such as globalisation, technology, globalised wars, migration, or Brexit have accentuated two phenomena. The fi rst is the distributive effects of law and of globalisation, and the second is the inadequacies in the political processes and outcomes where governments get rightly or wrongly blamed. These two phenomena inspired the theme of the 16th annual Jean Monnet seminar on advanced issues of EU law (Inter University Centre, Dubrovnik, April 2018) titled ‘Blame It on Brussels: EU Law and the Distributive Effects of Globalisation’. This editorial note is based on the authors’ keynote dialogue at the opening of the seminar and seeks to discuss the mentioned two phenomena, and consider what law and governments, and in particular the EU, can do about them.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126368847","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":"EU Bibliography","authors":"Aleksandra Čar","doi":"10.3935/cyelp.14.2018.316","DOIUrl":"https://doi.org/10.3935/cyelp.14.2018.316","url":null,"abstract":"","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133327516","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":"Transparency of (Pre-)Contractual Information in Consumer Credit Agreements: Is Consistency the Missing Key?","authors":"M. Junuzović","doi":"10.3935/CYELP.14.2018.310","DOIUrl":"https://doi.org/10.3935/CYELP.14.2018.310","url":null,"abstract":"This article shows that there is a lack of consistency in the interpretation of the meaning and scope of the obligation of traders to provide transparent pre-contractual and contractual information on consumer credit to consumers in EU law. On the basis of an analysis of transparency requirements prescribed by the Unfair Contract Terms Directive and the Consumer Credit Directive, differences in the understanding of transparency are highlighted. While the transparency test under the Unfair Contract Terms Directive focuses on the question of comprehensibility of credit information, the transparency test under the Consumer Credit Directive focuses on the format, position, length and font size of information. Consequently, the transparency of the same information provided in the course of concluding a consumer credit agreement could be evaluated differently on the basis of these two directives. This lack of consistency in the interpretation of transparency might pose a particular problem for national enforcement authorities. In the example of Croatia, it is demonstrated that the lack of guidance and consistency in the interpretation of various transparency requirements in the area of consumer credit at the EU level leaves space for national enforcement authorities to develop their own understanding of transparency. Where national enforcement authorities develop a narrower approach to transparency, consumers can be deprived of the protection guaranteed by EU law. In areas such as consumer credit, where the obligation of the transparent provision of information is the main tool of consumer protection and market integration, ensuring greater consistency in the interpretation of the content of this obligation is the key to ensuring its effectiveness.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"178 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124420406","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":"European Competition Law: A Case Commentary (2nd Edition), Weijer VerLoren van Themaat and Berend Reuder (eds)","authors":"Irena Tušek","doi":"10.3935/CYELP.14.2018.315","DOIUrl":"https://doi.org/10.3935/CYELP.14.2018.315","url":null,"abstract":"Book Review: European Competition Law: A Case Commentary, Edited by Weijer VerLoren van Themaat and Berend Reuder (Elgar Commentaries, Edward Elgar Publishing 2018, ISBN 978-1-78643-546-0), 2nd edition, lxiii+945 pp, index, £225.00 hb.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117217496","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}