Croatian Yearbook of European Law & Policy最新文献_第5页

Europeanization through Standardization: ICT and Telecommunications 通过标准化实现欧洲化:ICT和电信

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY018

M. Gamito

引用次数: 5

Upholding a Principled Approach to the Use of EU Administrative Activities Externally: What Role for the Court of Justice of the European Union? 对欧盟行政活动的对外运用持原则性态度:欧盟法院的角色是什么?

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/yel/yey007

Ilaria Vianello

引用次数: 0

Innovation in EU competition law : The resource-based view and disruption 欧盟竞争法的创新:资源基础观与颠覆

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY019

F. Costa-Cabral

{"title":"Innovation in EU competition law : The resource-based view and disruption","authors":"F. Costa-Cabral","doi":"10.1093/YEL/YEY019","DOIUrl":"https://doi.org/10.1093/YEL/YEY019","url":null,"abstract":"Innovation has so far been handled by competition law according to market structure, that is, by assuming that market power also allows undertakings to evade the competitive pressures that spur innovation. This structural approach has fitted innovation into a tried-and-tested analytical and normative framework. Its limits have nonetheless become apparent as competition law is increasingly hemmed in by a static outlook and is called on to apply no harm to innovation unrelated to market power. As such, this paper proposes complementing a structural approach with two advances from strategic management studies. The first advance is the ‘resource-based view’, which connects competitive advantage with firm heterogeneity. Since undertakings do not have the same capabilities, the exit of innovators from the market might not be compensated for by the entry of equally innovating undertakings even if barriers to entry are low. Harm to innovation is thus centred on assets granting ‘innovation capabilities’, such as intellectual property or pipeline products. Cases of abusive refusal to license and mergers of parallel research show that rival claims over these assets are to be resolved based on differences in those innovation capabilities. The second advance is the theory of disruptive innovation, which explains major changes in consumer preferences and production methods. Strategic management has established that an inefficient start is an integral part of disruption, allowing disruptors to be ignored until their productive efficiency increases enough to shift the market. This contrasts with the notion of competition on the merits allowing the exclusion of less efficient competitors. Competition law must therefore adapt to strategies which do not show an effect on market structure, notably the higher prices of market power, but which are aimed at preventing disruptive innovation from occurring.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"20 1","pages":"305-343"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89048547","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: 2

The Better Regulation Guidelines and the Regulatory Scrutiny Board as a ‘Support’ for Judicial Review: A Case Study of EU Consumer Law 更好的监管指南和监管审查委员会作为司法审查的“支持”:欧盟消费者法的案例研究

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY010

E. V. Schagen

引用次数: 0

Who are the ‘gatekeepers’?: in continuation of the debate on direct applicability and direct effect of EU international agreements 谁是“看门人”?:继续就欧盟国际协定的直接适用性和直接效力进行辩论

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY003

N. Ghazaryan

引用次数: 4

Soft Law in Environmental Matters and the Role of the European Courts: Too Much or Too Little of It? 环境事务中的软法和欧洲法院的角色:太多还是太少?

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY011

M. Eliantonio

引用次数: 2

Doing Too Little or Too Much? Private Law Before the European Court of Human Rights 做得太少还是太多?欧洲人权法院前的私法

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY013

Jan Zglinski

引用次数: 2

Soft Law Before the European Courts: Discovering a ‘common pattern’? 欧洲法院面前的软法:发现一种“共同模式”?

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY017

M. Eliantonio, Oana Stefan

引用次数: 7

Jurisdiction, Rule of Law, and Unity of EU Law in Rosneft 俄罗斯石油公司的管辖权、法治和欧盟法律的统一

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY016

M. Kuisma

{"title":"Jurisdiction, Rule of Law, and Unity of EU Law in Rosneft","authors":"M. Kuisma","doi":"10.1093/YEL/YEY016","DOIUrl":"https://doi.org/10.1093/YEL/YEY016","url":null,"abstract":"This article engages in a critical reading of the treatment of issues concerning the jurisdiction of the European Court of Justice (the Court), the rule of law, and the principle of unity of EU law in the Rosneft ruling of March 2017, and offers a contemplation of the nature of the Court's jurisdiction and of its role in the EU legal order. In Rosneft, the Court engaged in a judicial correction of the scheme of Common Foreign and Security Policy (CFSP) remedies in the Treaties. In light of previous developments in case law, the finding of jurisdiction to hear preliminary rulings on the validity of CFSP acts in Rosneft was doctrinally unsurprising. That being said, the justifications offered for that finding in the ruling slightly mistreat both the Treaty text and the case law upon which they build. The reading given to Rosneft in this article suggests that the outcome of the jurisdictional question in the case is primarily based on considerations flowing from the principle of unity of EU law and the Foto-Frost maxim. This notwithstanding, the Court's reasoning rested centrally on arguments relying on the principle of the rule of law, thus making the justifications seem like a veneer rarher than a transparent representation of the logic underlying the ruling. It is suggested that in light of the interests at play, a more open emphasis of all relevant considerations in the ruling would have been both possible and preferable. After sketching an alternative reasoning for the rationale of Rosneft and discussing the risk of future expansion of Article 267 TFEU jurisdiction within the field of CFSP, the article concludes by drawing conclusions on the implications of the chosen manner of justification for the Court itself, and on the importance of the Court's self-depiction in Rosneft for the broader scheme of the Treaties.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"41 1","pages":"3-26"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77965146","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: 9

The Creeping Juridification of the Code of Conduct for Business Taxation: How EU Codes of Conduct Become Hard Law 商业税收行为准则的逐渐合法化:欧盟行为准则如何成为硬性法律

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Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY006

Anna Beckers

引用次数: 2