Modern Law Review最新文献_第8页

What the Fair Minded Observer Really Thinks About Judicial Impartiality 公正的观察者对司法公正的真正看法

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-07-01 DOI: 10.1111/1468-2230.12631

Andrew Higgins, Inbar Levy

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引用次数: 2

Citizen Led Policing in the Digital Realm: Paedophile Hunters and Article 8 in the case of Sutherland v Her Majesty's Advocate 数字领域中公民主导的警务:恋童癖猎人和萨瑟兰诉女王陛下辩护人案中的第八条

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-06-14 DOI: 10.1111/1468-2230.12653

Allison M. Holmes

引用次数: 0

A Struggle for Competence: National Security, Surveillance and the Scope of EU Law at the Court of Justice of European Union 权力之争:欧盟法院的国家安全、监视和欧盟法的范围

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-06-13 DOI: 10.1111/1468-2230.12652

Monika Zalnieriute

{"title":"A Struggle for Competence: National Security, Surveillance and the Scope of EU Law at the Court of Justice of European Union","authors":"Monika Zalnieriute","doi":"10.1111/1468-2230.12652","DOIUrl":"https://doi.org/10.1111/1468-2230.12652","url":null,"abstract":"In Privacy International and Quadrature Du Net, the Grand Chamber of the Court of Justice of the European Union (‘CJEU’) ruled that the e-Privacy Directive and EU Charter on Fundamental Rights generally prevent national law from enabling bulk retention and transmission of traffic and location data. However, in Quadrature Du Net, the Court clarified that EU law does not preclude indiscriminate data retention measures when Member States can prove serious threats to national security. In such cases, bulk data can only be retained during a strictly necessary period and the decision must be subject to review by a court or independent administrative body. The judgments will have serious implications for other data retention and sharing arrangements, such as the PNR, the proposed e-Privacy Regulation and e-Evidence package, international data sharing agreements, and also the third countries seeking adequacy decisions under the GDPR, including post-Brexit UK. The rulings suggest that CJEU has become an important actor in national security landscape, which has been outside the scope of European integration, but has become a ground for political struggle between the EU institutions and Member States. Yet, while Privacy International is an unequivocal assertion of CJEU’s authority in the area of national security and a victory for data protection, Quadrature Du Net does not oppose indiscriminate data retention in principle and is an ambivalent response by the CJEU in the face of political pressure.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2021-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/1468-2230.12652","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43611970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"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: 1

Abuse of Rights in English Contract Law: Hidden in Plain Sight? 英国合同法中的权利滥用:隐藏在明处?

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-05-28 DOI: 10.1111/1468-2230.12647

Solène Rowan

引用次数: 2

Octavio L.M. Ferraz, Health as a Human Right: The Politics and Judicialisation of Health in Brazil, Cambridge: Cambridge University Press, 2021, xxii + 340 pp, hb £85.00. Octavio L.M.Ferraz，《健康作为一项人权：巴西健康的政治和司法化》，剑桥：剑桥大学出版社，2021，xxii+340页，hb 85.00英镑。

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-05-26 DOI: 10.1111/1468-2230.12645

Natalia Pires de Vasconcelos

引用次数: 0

KaiAmbos et al , Core Concepts in Criminal Law and Criminal Justice, Volume 1: Anglo‐German Dialogues, Cambridge: Cambridge University Press, 2020, 504 pp, hb £110 KaiAmbos等人，《刑法和刑事司法的核心概念》，第1卷：《英德对话》，剑桥：剑桥大学出版社，2020年，504页，110英镑