Review of European Administrative Law最新文献_第2页

Taking Soft Law Into Account... of Course! But What Does That Concretely Mean? 考虑软法律……当然!但这具体意味着什么呢?

Review of European Administrative Law Pub Date : 2023-07-20 DOI: 10.7590/187479823x16878510945025

Francesco Liguori

{"title":"Taking Soft Law Into Account... of Course! But What Does That Concretely Mean?","authors":"Francesco Liguori","doi":"10.7590/187479823x16878510945025","DOIUrl":"https://doi.org/10.7590/187479823x16878510945025","url":null,"abstract":"This study attempts to verify what concretely the Grimaldi doctrine entails for national courts. According to this landmark decision, a national court is bound to take European soft law into account when adjudicating disputes. Although more than 30 years have passed since its adoption,\u0000 its role in the domestic legal order still appears ambiguous. In the hope of highlighting what the Court had meant to state, this paper intends to grasp the real implications of this leading case. First, in order to outline the scope of the duty enshrined by the Court, some aspects will be\u0000 examined, such as the addressees of the doctrine, the types of EU soft law measures involved, and the legal basis of this obligation. Secondly, while bearing in mind what some have argued, namely that Grimaldi imposes either a duty of consistent interpretation or a duty of effort, this article\u0000 intends to suggest a third way, which is the 'soft duty to apply' EU soft law. This obligation, of course, is not to be understood in the narrow sense of the word and varies in intensity depending on the situations in which national courts find themselves. In this respect, it will be appropriate\u0000 to explore what implications these measures entail for domestic courts and what the latter should concretely do when dealing with EU soft law instruments. Finally, this study identifies the possible consequences of the 'soft duty to apply' EU soft law in the framework of the dialogue between\u0000 courts by focusing on the dynamics governing the procedure under Article 267 TFEU and accordingly suggesting the applicability of Foto-Frost and CILFIT doctrines to proceedings where a source of European soft law is at stake.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129311406","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

The Right to an Effective Remedy In International Data Transfers of Electronic Evidence: Past Lessons and Future Outlook 电子证据国际数据传输中的有效救济权:过去的经验教训与未来展望

Review of European Administrative Law Pub Date : 2023-05-09 DOI: 10.7590/187479823x16800083010356

E. Kosta, Irene Kamara

{"title":"The Right to an Effective Remedy In International Data Transfers of Electronic Evidence: Past Lessons and Future Outlook","authors":"E. Kosta, Irene Kamara","doi":"10.7590/187479823x16800083010356","DOIUrl":"https://doi.org/10.7590/187479823x16800083010356","url":null,"abstract":"Cross-border and international collaboration of authorities is often a necessity, involving inter alia the exchange of good practices, tools, human resources, but also information, including personal data. Cross-border access to data is essential in the context of electronic evidence\u0000 in criminal investigations and proceedings, as more than half of all criminal investigations involve a cross-border request to obtain e-evidence. From a fundamental rights perspective, a common denominator in transborder exchanges of data -irrespective of whether they take place for commercial\u0000 or for criminal purposes- is that the right to effective remedy of the individuals concerned shall be safeguarded, a right protected under Article 47 of the Charter of Fundamental Rights and Freedoms of the European Union. Taking into account this context, this paper provides a comprehensive\u0000 analysis and assessment of the right on effective remedies for EU citizens in international data transfers of electronic evidence and discusses the future of the right to effective remedies in transatlantic transfers of data in this context. The main argument of the paper is that the effective\u0000 remedies for sharing electronic evidence outside the EU territory are not sufficiently guaranteed by the existing applicable rules, due to the piecemeal approach followed in the EU.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115749106","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

'Schrems II' Judgment C-311/18: Application of Charter Rights to Data Protection and Effective Remedy Beyond Eu Borders - A State of Play and a Critical Reflection Two Years Later “Schrems II”判决C-311/18:宪章权利在欧盟境外的数据保护和有效补救的应用-两年后的一种发挥状态和关键反思

Review of European Administrative Law Pub Date : 2023-05-09 DOI: 10.7590/187479823x16800083010365

Janvier Parewyck

{"title":"'Schrems II' Judgment C-311/18: Application of Charter Rights to Data Protection and Effective Remedy Beyond Eu Borders - A State of Play and a Critical Reflection Two Years Later","authors":"Janvier Parewyck","doi":"10.7590/187479823x16800083010365","DOIUrl":"https://doi.org/10.7590/187479823x16800083010365","url":null,"abstract":"In its Schrems II judgment,1 the Grand Chamber of the Court ruled that the United States law and practices, notably bulk-interception programmes, were not providing a level of protection of personal data essentially equivalent to the protection conferred by the EU Charter\u0000 of Fundamental Rights and, therefore, invalidated the Privacy Shield for violating Articles 7 and 8 of the Charter. Since, in addition, there is no effective remedy available to data subjects protected by the GDPR, the Court held that the Privacy Shield also violated Article 47 of the Charter.\u0000 The Court, nevertheless, left the standard data protection clauses as one of the transfer tools available to data exporters, with the understanding that it is up to the data exporter to implement the additional safeguards necessary to compensate for any shortcomings in the third country and\u0000 achieve an essentially equivalent level of protection. While the judgment provides, to some extent, clear guidance on the application of EU law and maps out a coherent regime as to how data can be transferred, this article reflects on some aspects that remain problematic in practice, both\u0000 for data exporters in general and for the original complainant in the Schrems litigation in particular.2The 'risk-based approach' and its recognition are discussed, revealing that ultimately the law, and the Court's judgment, do not seem to allow for certainty in this matter and\u0000 require the stakeholders to take a position in their respective situations, choosing between a strict or stretched interpretation.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116397443","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

Individual Rights in International Personal Data Transfers Under the General Data Protection Regulation 《一般资料保护规例》下国际个人资料转移的个人权利

Review of European Administrative Law Pub Date : 2023-05-09 DOI: 10.7590/187479823x16800083010347

L. Drechsler

引用次数: 0

International Personal Data Transfers and Effective Redress: Concluding Remarks 国际个人资料转移及有效补救:结束语

Review of European Administrative Law Pub Date : 2023-05-09 DOI: 10.7590/187479823x16800083010301

M. Eliantonio

引用次数: 0

How Many Appeals Does Effective Judicial Protection Require? 有效的司法保护需要多少次上诉?

Review of European Administrative Law Pub Date : 2023-01-30 DOI: 10.7590/187479822x16744783124951

R. Caranta

引用次数: 0

On the Principles of Effectiveness and Equivalence in State Liability Actions for Breaches of EU Law (C-278/00) 论违反欧盟法律的国家责任诉讼的效力原则和等效原则(C-278/00)

Review of European Administrative Law Pub Date : 2023-01-30 DOI: 10.7590/187479822x16744783124960

Gabriel Doménech-Pascual

引用次数: 0

The Right to an Interpreter in Hungarian Administrative Law: The Legal and Sociological Context of Regulatory Reform 匈牙利行政法中的口译权:法规改革的法律和社会学背景

Review of European Administrative Law Pub Date : 2023-01-30 DOI: 10.7590/187479822x16744783124942

P. Láncos, Barnabás Hajas

引用次数: 0

The Protection of the EU's Financial Interests and Pandemic Emergency Tools: an Analysis of the Control Mechanism between the EU and the Member States 欧盟金融利益保护与流行病应急工具:欧盟与成员国之间控制机制分析

Review of European Administrative Law Pub Date : 2022-11-11 DOI: 10.7590/187479822x16669633687975

Alessandro Nato, Valerio Bontempi

引用次数: 0

Maurizia De Bellis, I poteri ispettivi dell'amministrazione europea Giappichelli editore 欧洲行政当局的检查权力

Review of European Administrative Law Pub Date : 2022-11-11 DOI: 10.7590/187479822x16669633688019

P. Chirulli

引用次数: 0