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Croatian Yearbook of European Law & Policy最新文献

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Europeanization through Standardization: ICT and Telecommunications 通过标准化实现欧洲化:ICT和电信
IF 0.4
Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY018
M. Gamito
{"title":"Europeanization through Standardization: ICT and Telecommunications","authors":"M. Gamito","doi":"10.1093/YEL/YEY018","DOIUrl":"https://doi.org/10.1093/YEL/YEY018","url":null,"abstract":"This paper analyses the global reach of European Union (EU) policies and rules using international standardization for telecommunications and information and Communications Technologies (ICT) as a case study. The nature of the telecoms and ICT sectors require interconnection and interoperability between netwotks, systems, and services. At the same time, interoperability and quality standards are conducive to market competition by enabling freedom of choice for users. On the other hand, telecoms and ICT technologies cannot be understood without the occurrence of network effects. In this light, the paper posits that regulatory and policy diffusion actually represent an externality of the EU Internal Market building process, complemented by a meaningful involvement of the EU in global standard-setting activities. While international standard-setting activities are largely dominated by non-state and private actors, the paper assesses how the EU manages regulatory and policy export through standardization.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"49 1","pages":"395-423"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82691370","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: 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?
IF 0.4
Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/yel/yey007
Ilaria Vianello
{"title":"Upholding a Principled Approach to the Use of EU Administrative Activities Externally: What Role for the Court of Justice of the European Union?","authors":"Ilaria Vianello","doi":"10.1093/yel/yey007","DOIUrl":"https://doi.org/10.1093/yel/yey007","url":null,"abstract":"","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"42 1","pages":"551-568"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81433406","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
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
IF 0.4
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
IF 0.4
Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY010
E. V. Schagen
{"title":"The Better Regulation Guidelines and the Regulatory Scrutiny Board as a ‘Support’ for Judicial Review: A Case Study of EU Consumer Law","authors":"E. V. Schagen","doi":"10.1093/YEL/YEY010","DOIUrl":"https://doi.org/10.1093/YEL/YEY010","url":null,"abstract":"","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"33 1","pages":"597-625"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78277269","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
EU Financial Market Governance and the Retail Investor: Reflections at an Inflection Point 欧盟金融市场治理与散户投资者:在拐点上的反思
IF 0.4
Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY012
N. Moloney
{"title":"EU Financial Market Governance and the Retail Investor: Reflections at an Inflection Point","authors":"N. Moloney","doi":"10.1093/YEL/YEY012","DOIUrl":"https://doi.org/10.1093/YEL/YEY012","url":null,"abstract":"LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"7 4 1","pages":"251-304"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72989176","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: 4
Data Protection and the Role of Fairness 资料保护及公平的角色
IF 0.4
Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.2139/SSRN.3013139
Damian Clifford, J. Ausloos
{"title":"Data Protection and the Role of Fairness","authors":"Damian Clifford, J. Ausloos","doi":"10.2139/SSRN.3013139","DOIUrl":"https://doi.org/10.2139/SSRN.3013139","url":null,"abstract":"The purpose of this article is to examine the principle of fairness as it appears in EU data protection law. Despite the fact that this principle is often referred to as a key tenet of the data protection framework, a precise understanding of its role remains elusive. As such, this article aims to provide the first steps towards a more thorough understanding of the fairness principle. This is significant as it is argued that fairness is delineated from the other data protection principles and thus this article aims to clarify its overarching role and importance in the General Data Protection Regulation (GDPR). The article divides the fairness principle into procedural fairness and fair balancing elements which are evident in the fairness checks and balances in the GDPR. Building on this analysis the article identifies gaps, shortcomings and areas for future research thus calling for further analysis on the precise contours of the fairness principle.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"38 1","pages":"130-187"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78136759","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: 38
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
IF 0.4
Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY003
N. Ghazaryan
{"title":"Who are the ‘gatekeepers’?: in continuation of the debate on direct applicability and direct effect of EU international agreements","authors":"N. Ghazaryan","doi":"10.1093/YEL/YEY003","DOIUrl":"https://doi.org/10.1093/YEL/YEY003","url":null,"abstract":"The article revisits the debate on direct applicability and direct effect of EU international agreements by questioning the role of the so called gatekeepers. It considers the established role of the Court of Justice of the EU as the gatekeeper of the EU legal order through identifying the stages of gatekeeping and their implications. It further analyses the possibilities of sidelining the Court through various techniques, which include the agreement between the parties to the international agreement. A more controversial challenge to the Court’s position stems from a practice emerging from Council decisions concluding a number of international agreements. These decisions make a strong pronouncement on the exclusion of direct effect for the entire agreement. The status of such pronouncements is analysed with reference to CJEU’s jurisprudence as well as the relevant rules of international law.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"223 1","pages":"27-74"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85932127","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: 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?
IF 0.4
Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY011
M. Eliantonio
{"title":"Soft Law in Environmental Matters and the Role of the European Courts: Too Much or Too Little of It?","authors":"M. Eliantonio","doi":"10.1093/YEL/YEY011","DOIUrl":"https://doi.org/10.1093/YEL/YEY011","url":null,"abstract":"","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"30 1","pages":"496-524"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85948881","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
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
IF 0.4
Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY013
Jan Zglinski
{"title":"Doing Too Little or Too Much? Private Law Before the European Court of Human Rights","authors":"Jan Zglinski","doi":"10.1093/YEL/YEY013","DOIUrl":"https://doi.org/10.1093/YEL/YEY013","url":null,"abstract":"The question as to whether fundamental rights impose duties on private individuals is as much an old constitutional chestnut as it is a controversial current affair. Can a hotel owner deny hosting the member of a neo-Nazi party?1 Can a devout Christian baker refuse to make a cake for a same-sex wedding?2 Can a company dismiss a Muslim employee because she refuses to take her headscarf off at work?3 At the heart of these cases lies the issue whether private behaviour should be bound by fundamental rights, a problem legal doctrine calls horizontal effect. Courts across the globe have, in different ways and to different extents, recognised such an effect. They have thereby changed the rights and obligations private individuals hold towards each other. By the same token, they have changed private law as such. Private law no longer is an autonomous domain, insulated from external pressures. As its making and application are put under constitutional control, it has become, just like other legal fields, an area of ‘applied constitutional law’.4","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"91 1","pages":"98-129"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83912766","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 EU Framework for Financing UN Peace Operations 欧盟为联合国和平行动筹资框架
IF 0.4
Croatian Yearbook of European Law & Policy Pub Date : 2018-01-01 DOI: 10.1093/YEL/YEY001
Francesco Presutti
{"title":"The EU Framework for Financing UN Peace Operations","authors":"Francesco Presutti","doi":"10.1093/YEL/YEY001","DOIUrl":"https://doi.org/10.1093/YEL/YEY001","url":null,"abstract":"","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"68 1","pages":"75-97"},"PeriodicalIF":0.4,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81406042","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
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