European Public Law最新文献_第2页

European Sharing and Collaborative Cities: The Italian Way 欧洲共享与合作城市：意大利之路

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European Public Law Pub Date : 2022-02-01 DOI: 10.54648/euro2022005

Giorgia Pavani

引用次数: 0

Book Review: Europe’s Passive Virtues: Deference to National Authorities in EU Free Movement Law, Jan Zglinski. Oxford: Oxford University Press. 2020. 书评:《欧洲的被动美德:欧盟自由流动法中对国家当局的服从》，扬·兹林斯基著。牛津:牛津大学出版社，2020。

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European Public Law Pub Date : 2022-02-01 DOI: 10.54648/euro2022009

Lars Klenk

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The European Court of Human Rights’ Advisory Opinions Legally Affect Non-ratifying States: A Good Reason (From a Perspective of Constitutional Law) to Ratify Protocol No. 16 to the ECHR 欧洲人权法院的咨询意见对未批准国的法律影响:一个批准《欧洲人权公约》第16号议定书的好理由(从宪法的角度)

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European Public Law Pub Date : 2022-02-01 DOI: 10.54648/euro2022001

E. Albanesi

{"title":"The European Court of Human Rights’ Advisory Opinions Legally Affect Non-ratifying States: A Good Reason (From a Perspective of Constitutional Law) to Ratify Protocol No. 16 to the ECHR","authors":"E. Albanesi","doi":"10.54648/euro2022001","DOIUrl":"https://doi.org/10.54648/euro2022001","url":null,"abstract":"The hypothesis of the article is that advisory opinions of the European Court of Human Rights (ECtHR) under Protocol No. 16 to the European Convention on Human Rights (ECHR), although non-legally binding on the requesting court or tribunal, legally affect States, including those which have not ratified the Protocol. This will be demonstrated here conceptualizing the notion of ‘vertical’ non-binding effect of advisory opinions (i.e., that effect, regarding the requesting court or tribunal, under Article 5 of Protocol No. 16 which states that ‘Advisory opinions shall not be binding’) and the notion of their ‘horizontal’ legal effect (i.e., that ‘undeniable legal effect’ which comes from the fact that advisory opinions are ‘valid case-law’ which the ECtHR ‘would follow when ruling on potential subsequent individual application’). From a wider perspective of constitutional law, it will be then argued here that the producing of the aforementioned ‘horizontal’ effect constitutes a good reason for States to ratify Protocol No. 16 in light of judicial dialogue: non-ratifying States would be affected by them but at the same time there would be no opportunity for their highest courts or tribunals to contribute in creating that case-law via judicial dialogue (i.e., by requesting advisory opinions).\u0000Protocol No. 16, European Convention on Human Rights, ratification, advisory opinions, European Court of Human Rights, legally non-binding effect, requiring courts, caselaw, constitutional law, Constitutional Courts, judicial dialogue","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41950013","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: 1

Current Issues on Regulation: A View from France 当前监管问题:来自法国的观点

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European Public Law Pub Date : 2022-02-01 DOI: 10.54648/euro2022004

Thomas D. Perroud, B. Deffains

引用次数: 0

The New Era of Climate Law in Denmark and in the EU 丹麦和欧盟气候法的新时代

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European Public Law Pub Date : 2022-02-01 DOI: 10.54648/euro2022006

Christina D. Tvarnø

引用次数: 0

Privacy International and Quadrature du Net: One Step Forward Two Steps Back in the Data Retention Saga? 隐私国际和Quadrature du Net：数据保留传奇的一步前进两步后退？

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European Public Law Pub Date : 2022-02-01 DOI: 10.54648/euro2022007

M. Tzanou, Spyridoula Karyda

{"title":"Privacy International and Quadrature du Net: One Step Forward Two Steps Back in the Data Retention Saga?","authors":"M. Tzanou, Spyridoula Karyda","doi":"10.54648/euro2022007","DOIUrl":"https://doi.org/10.54648/euro2022007","url":null,"abstract":"The present contribution aims to critically reflect on the future direction of data retention at the EU and the national levels by discussing the lessons arising from two seminal Court of Justice of the EU (CJEU) decisions: Privacy International and Quadrature du Net. The article addresses four main themes: (1) the broad reach of EU data privacy law, (2) the detailed typology of permissible data retention models and the conditions applicable to these, (3) the evolving interaction between the CJEU and the European Court of Human Rights (ECtHR) in cases of bulk surveillance, and (4) the relevant legislative developments regarding data retention enshrined in the proposed ePrivacy Regulation. It advances four main lines of criticism. The first concerns the Court’s reasoning regarding the expansive scope of application of EU data protection law that – while anticipated – appears unconvincing. The second regards the shortcomings and weaknesses in the CJEU’s analysis laying down a taxonomy of permissible data retention systems. The third line of criticism is broader and concerns the progressive re-legitimisation of bulk as well as other surveillance models that seems to be the path undertaken by both the CJEU and ECtHR. Finally, we criticize the ways the EU legislature is trying to ‘circumvent’ the CJEU’s data retention rulings.\u0000data retention, EU fundamental rights, Privacy International, Quadrature du Net, bulk data retention, EU data protection law, European Court of Human Rights Big Brother Watch, GDPR, ePrivacy, UK adequacy decisions after Brexit","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45642334","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: 1

Book Review: Susanna Mancini (ed.), Constitutions and Religion Cheltenham: Edward Elgar. 2020 书评:苏珊娜曼奇尼(编)，宪法和宗教切尔滕纳姆:爱德华埃尔加，2020

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European Public Law Pub Date : 2021-12-01 DOI: 10.54648/euro2021039

Gary Wilson

引用次数: 0

Strengthening the Charter’s Role in the Fight for the Rule of Law in the EU: The Cases of Judicial Independence and Party Financing 加强《宪章》在欧盟法治斗争中的作用：司法独立和政党融资案例

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European Public Law Pub Date : 2021-12-01 DOI: 10.54648/euro2021037

John Morijn, D. Kochenov

{"title":"Strengthening the Charter’s Role in the Fight for the Rule of Law in the EU: The Cases of Judicial Independence and Party Financing","authors":"John Morijn, D. Kochenov","doi":"10.54648/euro2021037","DOIUrl":"https://doi.org/10.54648/euro2021037","url":null,"abstract":"This article discusses how the application the EU Charter of Fundamental Rights contributes to the fight for the rule of law in the EU. After outlining the connections between the two it focuses on two examples of how the Charter could and should play a more significant role in upholding the rule of law. As to Member State-level rule of law breakdowns, we demonstrate that the Charter has either been missing in the shadow of Article 19(1) of the Treaty on European Union or threatened to undermine the fight for the rule of law when the principle of judicial independence was reduced to Article 47 Charter standing alone. As to supranational level rule of law issues, where the Charter’s applicability under Article 51 CFR is uncontroversial, we show that it has nonetheless so far been applied to a problematically limited extent. This is particularly clear with regard to party-financing at EU-level. This file offers a case in point to show how taking the Charter seriously could make a significant difference in protecting the rule of law in the EU.\u0000Article 7 TEU, Charter of Fundamental Rights of the European Union, judicial independence, party financing, rule of law","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49469803","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: 1

Transformations of Directives into Regulations: Towards a More Uniform Administrative Law? 指令转化为法规：走向更统一的行政法？

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European Public Law Pub Date : 2021-12-01 DOI: 10.54648/euro2021038

Filip Křepelka

{"title":"Transformations of Directives into Regulations: Towards a More Uniform Administrative Law?","authors":"Filip Křepelka","doi":"10.54648/euro2021038","DOIUrl":"https://doi.org/10.54648/euro2021038","url":null,"abstract":"In the last two decades, the European Union (EU) legislative institutions transformed dozens of directives into regulations. The General Data Protection Regulation (GDPR) is the most familiar, even to the general public. For various reasons, however, EU legal scholars discuss these transformations sporadically. Framework nature justified the existence of directives. However, EU directives gradually become detailed, narrowing the margin of appreciation exercised by the Member States. We suggest a favourable view of such expansion of uniform frameworks, ranked to the administrative/public law addressing various economic activities in most cases. Transformations reduce the complexity of directives and national law implementing them. Decreasing expenditures and lesser effort in implementation, increased transparency, streamlining of interpretation could result from these transformations. Preference for regulations can enhance both efficiency and legitimacy of supranational policies of the EU shattered with multiple crises. However, prevailing decentralized enforcement of EU law requiring supplementing national legislation together with the EU multilingualism resulting in discourses separated by language barriers limit the advantages of regulations as supranational statutes. At the moment, there is no consensus on the desirability of these transformations. Further discussion is needed.\u0000the European Union, Directives, Regulations, Legislation, Supranationality, Statutory law","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42835572","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 Quiet Architect Finds its Voice: The Primacy of the Law of the European Union after Press Release No 58/20 of the Court of Justice of the European Union 在欧盟法院第58/20号新闻稿发布后，安静的建筑师找到了自己的声音：欧盟法律的首要性

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European Public Law Pub Date : 2021-12-01 DOI: 10.54648/euro2021033

Gonzalo. Villalta Puig, M. E. Vergara

引用次数: 0