Maastricht Journal of European and Comparative Law最新文献_第2页

The proposal for a revised Product Liability Directive: The emperor's new clothes? 产品责任指令修订提案：皇帝的新衣？

Maastricht Journal of European and Comparative Law Pub Date : 2023-12-06 DOI: 10.1177/1023263x231216941

Shu Li, Béatrice Schütte

{"title":"The proposal for a revised Product Liability Directive: The emperor's new clothes?","authors":"Shu Li, Béatrice Schütte","doi":"10.1177/1023263x231216941","DOIUrl":"https://doi.org/10.1177/1023263x231216941","url":null,"abstract":"On September 28, 2022, the European Commission presented the long-awaited proposal for a revised Product Liability Directive (PLD). By adapting rules and concepts to digitalization and circular economy, the revised PLD aims to ensure that the damage that defective products caused can be remedied adequately. This paper provides a comprehensive analysis of the substantive and procedural harmonized rules that are reshaped in the revised PLD. The discussion shows that although the revised version makes progress, ambiguities remain about essential concepts such as ‘product’, ‘damage’, and ‘defectiveness’. Those ambiguities could generate significant legal uncertainties. In addition, it is imperative to consider whether the harmonization that results from the revised PLD strikes a balance between centralized policy goals and local preferences. Since it has been reiterated that the revised PLD will be limited to safety-related harm rather than to harm to other fundamental rights (e.g., data protection and equal treatment), it is also crucial to inquire whether harms of the latter kind can be remedied effectively by other relevant legal regimes.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"64 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138596439","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

Bridging the gap between corporate sustainability due diligence and EU public procurement 缩小企业可持续性尽职调查与欧盟公共采购之间的差距

Maastricht Journal of European and Comparative Law Pub Date : 2023-11-27 DOI: 10.1177/1023263x231213335

Laura Treviño-Lozano, Ezgi Uysal

引用次数: 0

Patent law in comparative context: Differences and similarities of patent law in he European Union, the United States and China 比较语境下的专利法:欧盟、美国和中国专利法的异同

Maastricht Journal of European and Comparative Law Pub Date : 2023-10-25 DOI: 10.1177/1023263x231206007

Päivi Hutukka

{"title":"Patent law in comparative context: Differences and similarities of patent law in he European Union, the United States and China","authors":"Päivi Hutukka","doi":"10.1177/1023263x231206007","DOIUrl":"https://doi.org/10.1177/1023263x231206007","url":null,"abstract":"This study presents the main features of patent law in the European Union, the United States and China, with a special focus on patentability. Each patent regime is reviewed in its historical context, exploring the stages leading to the given jurisdiction's contemporary patent law. After mapping the differences and similarities of patent law in the EU, the US and China, possible reasons for the detected divergence and convergence will be explored. This study reveals that the differences in codified patent law between the EU, the US, and China are for the most part a matter of nuance and much of the convergence stems from international harmonization efforts and common historical roots as well as external pressure to convergence in patent law for mainly economic reasons. Whereas patent laws in the EU and US are more established, China's patent law has been moulded into its contemporary form only recently. Differences across the chosen jurisdictions are explained not only by cultural factors but also by underlying theoretical differences in patent doctrine and differing aims of patent protection, as well as the divide concerning the role of statutory law and case law between the common law and Romano-Germanic law.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135168561","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

Compensation for non-material damage under Article 82 GDPR: A review of Case C-300/21 GDPR第82条规定的非实质性损害赔偿:案例C-300/21的回顾

Maastricht Journal of European and Comparative Law Pub Date : 2023-10-25 DOI: 10.1177/1023263x231208835

Shu Li

引用次数: 0

The principle of mutual trust and the protection of fundamental rights in the Area of Freedom, Security and Justice: A critical look at the Court of Justice's stone-by-stone approach 在自由、安全和正义领域相互信任和保护基本权利的原则:对法院的一石一石做法的批判

Maastricht Journal of European and Comparative Law Pub Date : 2023-10-23 DOI: 10.1177/1023263x231205826

Cecilia Rizcallah

引用次数: 0

HYA and Others: Reshaping participation at criminal trials in Europe HYA和其他:重塑欧洲刑事审判的参与

Maastricht Journal of European and Comparative Law Pub Date : 2023-10-12 DOI: 10.1177/1023263x231205829

Lorenzo Bernardini, Gaetano Ancona

引用次数: 0

Increasing gender equality on board level through stay-on-board regulations 通过留职规定提高船上的性别平等

Maastricht Journal of European and Comparative Law Pub Date : 2023-10-09 DOI: 10.1177/1023263x231205830

Brigitte Steinbauer

{"title":"Increasing gender equality on board level through stay-on-board regulations","authors":"Brigitte Steinbauer","doi":"10.1177/1023263x231205830","DOIUrl":"https://doi.org/10.1177/1023263x231205830","url":null,"abstract":"Diversity and gender equality in executive boards, as well as finding ways to balance private needs and business requirements, are topics that are on the agenda of legislators around the globe. Given the significant role of executive board members in shaping organizational strategy and culture and for the company’s success, understanding the impact of rules that allow a mandate pause for this group is essential. The German ‘stay-on-board’ rules grant a mandate pause to board members for maternity, parental or care leave or for a board member's convalescence since August 2021. The objective of this paper is to examine the necessity for a legal framework on the European Union level that provides for a mandate pause for board members as a way to increase gender equality on the board level. The author recommends closing the gap in gender equality on the board level at European level by adopting comparable measures to those implemented in Germany, supplemented by additional measures. The implementation of a comprehensive set of measures, in conjunction with widespread acceptance in society, is crucial for the advancement of gender equality within corporate boardrooms.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135146639","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

Meta platforms: How the CJEU leaves competition and data protection authorities with an assignment 元平台:欧洲法院如何将竞争和数据保护机构留给任务

Maastricht Journal of European and Comparative Law Pub Date : 2023-10-09 DOI: 10.1177/1023263x231205836

Inge Graef

{"title":"<i>Meta platforms</i>: How the CJEU leaves competition and data protection authorities with an assignment","authors":"Inge Graef","doi":"10.1177/1023263x231205836","DOIUrl":"https://doi.org/10.1177/1023263x231205836","url":null,"abstract":"Competition authorities can identify a violation of the data protection rules when such a finding is necessary to establish an abuse of dominance under the competition rules. This is the main outcome of the judgment that the Court of Justice of the European Union (CJEU) delivered in Meta Platforms on 4 July 2023. The judgment is the next step in the saga that started with the 2019 competition decision of the Bundeskartellamt (the German Federal Cartel Office) requiring Facebook (now Meta) to refrain from combining user data from different sources beyond its social network. The judgment provides a welcome confirmation that data protection standards can also matter for the interpretation of the competition rules. However, what is more remarkable and less expected is the general framework the CJEU sets out for coordination between competition and data protection authorities building on the duty of sincere cooperation and the clarity with which it evaluates the different legal bases Meta invoked for processing user data. The judgment can become a reference point for assessing the legality of personal data processing by powerful firms, but also leaves competition and data protection authorities with an assignment to explore how to coordinate their work in the future.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135146747","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 European Union and global warming: A fundamental right to (live in) a sustainable climate? 欧盟与全球变暖:可持续气候的基本权利?

Maastricht Journal of European and Comparative Law Pub Date : 2023-10-09 DOI: 10.1177/1023263x231202481

Ottavio Quirico

{"title":"The European Union and global warming: A fundamental right to (live in) a sustainable climate?","authors":"Ottavio Quirico","doi":"10.1177/1023263x231202481","DOIUrl":"https://doi.org/10.1177/1023263x231202481","url":null,"abstract":"Multiple developments are taking place in the European Union (EU) as concerns climate action through fundamental rights. On the one hand, the Court of Justice of the European Union (CJEU) might afford protection from climate change via first- and second-generation human rights; on the other, the EU is progressively recognizing the human right to a sustainable environment, and possibly to a sustainable climate, via Article 37 of the Charter of Fundamental Rights. These developments are nonetheless restrained by the limited possibility for individual natural and legal persons to act in the Court. On the other hand, EU Member States are parties to the European Convention on Human Rights (ECHR), to which the EU will also foreseeably accede in the future and through which a string of claims has been brought to the attention of the European Court of Human Rights (ECtHR). Also in this context, protection from climate change might be afforded via first- and second-generation fundamental rights, and possibly via the third-generation right to a sustainable environment and climate. Contrary to the CJEU system, however, there are no procedural limits to action by individual natural and legal persons in the ECtHR. The article argues that an extensive interpretation of first- and second-generation human rights, particularly the rights to life and to private and family life under ECHR articles 2 and 8, collectively interpreted as the rights to live in a sustainable environment and climate in line with the jurisprudence of the ECtHR, reverses the burden of proof and is essentially tantamount to acknowledging an independent fundamental right to a sustainable environment and climate, thus ensuring adequate climate protection in the EU from a human rights perspective.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135095279","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

Purely Intramuscular Giant Epidermoid Cyst of the Temporalis Muscle. 颞肌纯肌内巨大表皮样囊肿

Maastricht Journal of European and Comparative Law Pub Date : 2023-08-31 eCollection Date: 2023-09-01 DOI: 10.1055/s-0043-1772766

Dimble Raju, Shamshuddin Patel, Sayan Das, Prasad Krishnan

引用次数: 0