European Law Journal最新文献_第6页

Law and common good in the digital age: Where art thou?; In this issue 数字时代的法律与公共利益：你在哪里？本期

IF 1.4 2区社会学

European Law Journal Pub Date : 2024-01-02 DOI: 10.1111/eulj.12482

Karine Caunes

引用次数: 0

Passenger name record (PNR) data: How the EU is promoting (virtual) security by actually limiting Passengers' fundamental rights 旅客姓名记录 (PNR) 数据：欧盟如何通过实际限制乘客的基本权利来促进（虚拟）安全

IF 1.4 2区社会学

European Law Journal Pub Date : 2024-01-02 DOI: 10.1111/eulj.12479

Emilio De Capitani

引用次数: 0

Taking fundamental rights seriously in the Digital Services Act's platform liability regime 在数字服务法案的平台责任制度中认真对待基本权利

IF 1.4 2区社会学

European Law Journal Pub Date : 2023-11-21 DOI: 10.1111/eulj.12475

Giancarlo Frosio, Christophe Geiger

{"title":"Taking fundamental rights seriously in the Digital Services Act's platform liability regime","authors":"Giancarlo Frosio, Christophe Geiger","doi":"10.1111/eulj.12475","DOIUrl":"10.1111/eulj.12475","url":null,"abstract":"This article highlights how the EU fundamental rights framework should inform the liability regime of platforms foreseen in secondary EU law, in particular with regard to the reform of the E-commerce directive by the Digital Services Act. In order to identify all possible tensions between the liability regime of platforms on the one hand, and fundamental rights on the other hand, and in order to contribute to a well-balanced and proportionate European legal instrument, this article addresses these potential conflicts from the standpoint of users (those who share content and those who access it), platforms, regulators and other stakeholders involved. Section 2 delves into the intricate landscape of online intermediary liability, interrogating how the E-Commerce Directive and the emerging Digital Services Act grapple with the delicate equilibrium between shielding intermediaries and upholding the competing rights of other stakeholders. The article then navigates in Section 3 the fraught terrain of fundamental rights as articulated by the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) under the aegis of the European Convention on Human Rights and the EU Charter. This section poses an urgent inquiry: can the DSA's foundational principles reconcile these legal frameworks in a manner that fuels democracy rather than stifles it through inadvertent censorship? Section 4 then delves into the intricate relationship between fundamental rights and the DSA reform. This section conducts a comprehensive analysis of the key provisions of the DSA, emphasising how they underscore the importance of fundamental rights. In addition to mapping out the strengths of the framework the section also identifies existing limitations within the DSA and suggests potential pathways for further refinement and improvement. This article concludes by outlining key avenues for achieving a balanced and fundamental rights-compliant regulatory framework for platform liability within the EU.","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"29 1-2","pages":"31-77"},"PeriodicalIF":1.4,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12475","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138544176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The public interest dimension of the single market for data: Public undertakings as a model for regulating private data sharing 单一数据市场的公共利益维度：公共事业作为规范私人数据共享的模式

IF 1.4 2区社会学

European Law Journal Pub Date : 2023-11-06 DOI: 10.1111/eulj.12476

Heiko Richter

{"title":"The public interest dimension of the single market for data: Public undertakings as a model for regulating private data sharing","authors":"Heiko Richter","doi":"10.1111/eulj.12476","DOIUrl":"10.1111/eulj.12476","url":null,"abstract":"Data plays a crucial role for society. Accordingly, building a ‘single market for data’ by increasing the availability of public and private data ranks high on the EU policy agenda. But when advancing legal data sharing regimes, there is an inevitable need to balance public and private interests. While the European Commission continues to push for more binding rules on data sharing between private businesses, public undertakings are already covered by mandatory rules. Exploring how the law addresses their data offers valuable lessons on the reconciliation of market reasoning with the public interest. In particular, this article inquires into the recast Open Data and Public Sector Information Directive, the Data Governance Act, and different national rules which regulate access to and re-use of public undertakings' data. It identifies five striking characteristics and discusses their potential and limitations for regulating data sharing by private undertakings. The implications serve as a guidepost for advancing the wider debate on building a single market for data in the EU. Some of them are already reflected in the upcoming EU Data Act.","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"29 1-2","pages":"91-113"},"PeriodicalIF":1.4,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12476","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135679178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Manifesto on Enforcing Law in the Age of ‘Artificial Intelligence’ “人工智能”时代的执法宣言

IF 1.4 2区社会学

European Law Journal Pub Date : 2023-10-26 DOI: 10.1111/eulj.12474

Transatlantic Reflection Group on Democracy and the Rule of Law in the Age of “Artificial Intelligence”

{"title":"A Manifesto on Enforcing Law in the Age of ‘Artificial Intelligence’","authors":"Transatlantic Reflection Group on Democracy and the Rule of Law in the Age of “Artificial Intelligence”","doi":"10.1111/eulj.12474","DOIUrl":"10.1111/eulj.12474","url":null,"abstract":"Building upon A Manifesto In Defense of Democracy and the Rule of Law in the Age of ‘Artificial Intelligence’, we, the Transatlantic Reflection Group on Democracy and the Rule of Law in the Age of ‘Artificial Intelligence’, have reconvened to draft a second consensus manifesto that calls for the effective and legitimate enforcement of laws concerning AI systems. In doing so, we recognise the important and complementary role of standards and compliance practices. Whereas the first manifesto focused on the relationship between democratic law-making and technology, this second manifesto shifts focus from the design of law in the age of AI to the enforcement of law. Concretely, we offer 10 recommendations for addressing the key enforcement challenges shared across transatlantic stakeholders. We call on those who support these recommendations to sign this manifesto. The Fifth Edition of The Athens Roundtable on AI and the Rule of Law will take place on November 30th and December 1st, 2023. It will delve into pressing governance challenges posed by foundation models and generative AI across jurisdictions.","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"29 1-2","pages":"249-255"},"PeriodicalIF":1.4,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134906580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The quadrangular shape of the geometry of digital power(s) and the move towards a procedural digital constitutionalism 数字权力几何的四边形与程序性数字宪政的走向

IF 1.4 2区社会学

European Law Journal Pub Date : 2023-08-14 DOI: 10.1111/eulj.12472

Oreste Pollicino

{"title":"The quadrangular shape of the geometry of digital power(s) and the move towards a procedural digital constitutionalism","authors":"Oreste Pollicino","doi":"10.1111/eulj.12472","DOIUrl":"10.1111/eulj.12472","url":null,"abstract":"The paper explores the evolution of private powers in the digital landscape, developing a quadrangular systematisation of such a phenomenon based on four main aspects: space, values, (private) actors, and (digital) constitutional remedies. Taking a trans-Atlantic approach, the paper shows how these categories, typical of constitutionalism, apply to the context of the Internet and of new digital technologies both in the United States and in Europe. On the one hand, the United States has up to now maintained the supremacy of the notorious Section 230 of the Communications Decency Act. On the other hand, European legislation has undergone a significant change, moving from a phase of digital liberalism, of which the 2000 E-Commerce Directive is the emblem, towards a new era of digital constitutionalism, passing through the age of judicial activism of European courts. In this sense, Europe has increasingly attempted to introduce limits to private (digital) powers, with a view to better protect and enforce (also horizontally) users' fundamental rights. Additionally, the evolution of digital constitutionalism, from a vertical-sectoral approach to a horizontal and procedure-based one, significantly showcased by the recent Digital Services Package, is underscored, signalling the recent movement of the EU into its second phase of digital constitutionalism. In this respect, the paper argues that the great benefit of stressing the procedural dimension, which may be defined as a European application of “due (data) process” to the relationship between individuals and private powers, is that it is potentially able to help consolidate a (necessary) trans-Atlantic bridge.","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"29 1-2","pages":"10-30"},"PeriodicalIF":1.4,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12472","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41445189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Dublin Regulation, mutual trust and fundamental rights: No exceptionality for children? 《都柏林条例》、相互信任和基本权利：儿童没有例外吗？

IF 1.9 2区社会学

European Law Journal Pub Date : 2023-08-03 DOI: 10.1111/eulj.12469

Ciara Smyth

引用次数: 0

Should Europe disturb historians? On the importance of methodology and interdisciplinarity 欧洲应该扰乱历史学家吗？论方法论和跨学科性的重要性

IF 1.9 2区社会学

European Law Journal Pub Date : 2023-08-03 DOI: 10.1111/eulj.12470

Sylvain Kahn

{"title":"Should Europe disturb historians? On the importance of methodology and interdisciplinarity","authors":"Sylvain Kahn","doi":"10.1111/eulj.12470","DOIUrl":"10.1111/eulj.12470","url":null,"abstract":"Does the emergence of the European Union (EU) disrupt the frames of reference of the contemporary history of Europe to such an extent that historians distrust it? It would seem that methodological Euroscepticism exists. European integration arouses scepticism among some in the community of historians of contemporary Europe, since the conceptual underpinnings of that history cannot in themselves account for European integration. This billet expresses, more than a word of caution, a call for enhanced dialogue on the EU as an object of study among the different strands of historical studies and different disciplines. On the one hand, some of the analyses provided by historical studies on contemporary Europe constitute a fertile source for the study and understanding of European integration, notably in the field of history. Using them can stimulate the development in the European studies field of new concepts, new representations and new hypotheses for grasping the EU as a reality and a comparatively new object of academic interest. On the other hand, the critical study of the EU conducted in the specific field of the history of the EU questions and sheds a new light on the analytical categories of contemporary European history. In this regard, the fruitful interaction between history, political geography, law and political science can enrich contemporary European history. Interdisciplinary studies on European integration notably enable us to decentre notions of sovereignty, territory and democracy, which have classically taken the nation state as their reference in broad explanatory narratives of contemporary European history. Research mutualisation would offer all the potential interpretative and analytical benefits of the conceptual and methodological rethink of our various disciplines and of European integration as an object of study.","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"28 4-6","pages":"124-133"},"PeriodicalIF":1.9,"publicationDate":"2023-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12470","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49621198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The ‘licence to distrust’ and the protection of individual rights in the execution of a European Arrest Warrant: A comment 欧洲逮捕令执行中的“不信任许可证”和个人权利保护:评论

IF 1.9 2区社会学

European Law Journal Pub Date : 2023-08-03 DOI: 10.1111/eulj.12465

Pedro Caeiro

引用次数: 0

The European Arrest Warrant in a context of distrust: Is the Court taking rights seriously? 不信任背景下的欧洲逮捕令：法院是否认真对待权利？

IF 1.9 2区社会学

European Law Journal Pub Date : 2023-08-03 DOI: 10.1111/eulj.12467

Ermioni Xanthopoulou

引用次数: 0