EU and Comparative Law Issues and Challenges Series最新文献

{"title":"DATA PROTECTION AND CYBERSECURITY : CASE-LAW OF TWO EUROPEAN COURTS","authors":"Dunja Duić, Tunjica Petrašević","doi":"10.25234/eclic/28259","DOIUrl":"https://doi.org/10.25234/eclic/28259","url":null,"abstract":"Cybersecurity is not easily defined. The 2019 EU Cybersecurity Act defines it as the activities necessary to protect network and information systems, the users of such systems, and other persons affected by cyber threats. Enduringly, cybersecurity was associated with national security, without consideration of what ‘secure’ Internet means for individual users. In reality, cybersecurity policy focused by and large on systems rather than users, i.e., people. However, as a policy area concerned with online behavior regulation, its definition and implementation inevitably has profound implications for human rights, especially in regard to data protection and freedom of expression. Unsurprisingly, cybersecurity has become a new human rights battleground. The EU Cybersecurity Act and subsequent legislation represent a normative shift in our conception of data ownership, putting ownership and control of personal information in the hands of the user rather than the service provider. Luckily, there have been positive legislative shifts regarding data protection in the context of the EU cybersecurity policy at EU level. But are they (or will they be) adopted by European courts? To answer, this paper peers into the relevant case-law of the Court of Justice of the EU as well as of the European Court of Human Rights.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609417","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}

{"title":"TOUCH SCREEN JUSTICE AND CONSUMER VULNERABILITY – A MIXED BLESSING?","authors":"Paula Poretti","doi":"10.25234/eclic/28261","DOIUrl":"https://doi.org/10.25234/eclic/28261","url":null,"abstract":"Digitalization is the future and the future is now. New commercial possibilities in the digital market are constantly being explored and exploited. Phenomena such as ecommerce automation and the impact of big data use on transformation of retailer-consumer relationship are increasingly present and more familiar by the day. With them, new perspectives to render consumers vulnerable arise. The digital vulnerability, unlike other types of consumer vulnerability is a state typical of every consumer in the digital market. This notion challenges the existing consumer law and policy’s ability to address the issues that arise in relation to such vulnerability with the traditional perspective. It also questions whether the redesign in the architecture of digital marketplaces is making the traditional architecture of dispute resolution obsolete. With these issues as a starting point, the paper assesses the current trend of streamlining consumer dispute resolution to AI tools and touch screen justice. We argue that under the current set up, instead of providing access to justice that is more available to consumers, this trend has a potential to generate a systemic vulnerability in itself.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609418","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}

{"title":"DIGITAL EVIDENCE IN INTERNATIONAL CRIMINAL PROCEEDINGS AND HUMAN RIGHTS CHALLENGES","authors":"Chiara Ragni","doi":"10.25234/eclic/28255","DOIUrl":"https://doi.org/10.25234/eclic/28255","url":null,"abstract":"Digital technologies offer great opportunities in every field of life, including in criminal proceedings, where gathering evidence using digital or computer devices is an important contribution to the investigation of crimes, especially at the international level. Digital evidence is particularly important in the prosecution of international crimes due both to their complexity and to its ability to overcome hurdles that international judges must overcome when factfinding relates to conduct that occurred far from the seat of the court. While the of digital evidence is increasing, however, questions have arisen concerning both its admissibility and of its reliability, as the jurisprudence of the International Criminal Court (ICC) and other international criminal tribunals makes clear. The use of digital evidence may also raise concerns for the respect of due process standards and the right to private life. In the absence of specific international legal rules that deal with the matter, the purpose of this contribution is to identify the most pressing issues through an examination of the case law of international tribunals and to infer potential solutions and best practices to consider in developing international human rights based procedural standards.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609424","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}

{"title":"OF BIOMETRIC DOCUMENTS, DATABASES AND FREE MOVEMENT OF PERSONS IN THE EU","authors":"Alessandra Lang","doi":"10.25234/eclic/28260","DOIUrl":"https://doi.org/10.25234/eclic/28260","url":null,"abstract":"Free movement of persons is a right recognised by the Treaty on the Functioning of the European Union (TFEU) for EU nationals (and their family members, irrespective of their nationality), and is one of the rights related to EU citizenship. Being an EU national is the qualifying element to benefit from the free movement regime, which is more favourable than the immigration regime otherwise applicable to foreigners. In order to prove one’s nationality, identity cards and passports play a central role. The issuance of these documents is regulated by national law. Over the last 20 years, EU law has intervened in this area with the aim of strengthening the document security. In 2004, the EU institutions passed a regulation on biometric passports and in 2019 a regulation on biometric identity cards. From now on, the facial image and fingerprints data of the holder are kept in the storage medium in these documents. The reasons for the introduction of biometric data lie in preventing the falsification of the document and the fraudulent use of authentic documents. On the one hand, the techniques used to preserve and protect the data make these documents more difficult to forge. On the other hand, the presence of biometric data creates a reliable link between the holder and the person who owns the document, thus making it easier to identify the person, and more difficult to use the document fraudulently by those who are not the real holder. Meanwhile, the EU is promoting the interoperability of the many databases established overtime. Interoperability connects different databases and makes the data stored in them searchable and accessible to a wider range of authorities and for other purposes than those for which they are collected. Biometric data, such as facial images and fingerprints are stored in many databases. The paper will sketch out the interference of the two issues (biometric documents and databases) in relation to the free movement of persons, in order 1) to map the instances in which controls on biometric documents of EU nationals or family members lead to search in the databases, and 2) to assess the impact that the very existence of biometric documents and databases can have on the fundamental rights of individuals.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609427","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}

{"title":"DEEP DIVE INTO THE MEDIA WORLD OF YOUTH","authors":"Martina Mikrut Nađsombat, Ivna Tomičić","doi":"10.25234/eclic/28271","DOIUrl":"https://doi.org/10.25234/eclic/28271","url":null,"abstract":"The emergence of internet technologies and social media platforms has affected all aspects of life, especially among younger generations. In this new media world of social media, for stakeholders dealing with the 15–24-year-old population it is important to understand how to communicate and engage with them. Using a combination of qualitative/quantitative research methodology, this paper aims to provide a comprehensive, descriptive view of the values, perception, and behaviour of youth (15–24) in Croatia when it comes to digital media channels and especially social media. Research results confirmed that social networks, messaging services and browsing internet are the dominant activities of young generation. YouTube, Instagram, and Facebook are the most popular social network, and principals in content creation are authenticity, customization, and interactivity. These results should serve as a basis for communication strategies within this target audience. And since the way young use social networks and create/consume content changes daily, legal framework should follow.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609700","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}

{"title":"RETHINKING COMMAND RESPONSIBILITY IN THE CONTEXT OF EMERGING AI WEAPONS","authors":"Igor Vuletić","doi":"10.25234/eclic/28262","DOIUrl":"https://doi.org/10.25234/eclic/28262","url":null,"abstract":"This paper addresses the issue of command liability for severe criminal offenses committed by means of autonomous and semi-autonomous weapons. Research has shown that the leading military forces around the world are intensively working on designing autonomous weapons, which will provide them an enormous tactical ad logistical advantage in warfare. As the national and international law concept of command responsibility to date has been based on the idea of humans selecting and ordering the destruction of targets, the author raises the question of whether this has also created a set of legal norms that could adequately regulate such situations in the context of new warfare techniques. The first section of the paper briefly outlines the direction of the development of autonomous weapons. The second section analyzes the provisions on command responsibility of the Rome Statute and the Statute of the ad hoc tribunals for Yugoslavia and Rwanda. The national legislation of some countries and the significant jurisprudence in this field is also analyzed and projected into the context of semi-autonomous and autonomous warfare. A special emphasis is placed on the issue of unconscious negligence. The objective of the paper is to indicate the legal gaps and to propose guidelines for future development.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609422","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}

{"title":"CROSS-BORDER SERVICE OF DOCUMENTS IN EU GOING ONLINE : IMPLEMENTATION AND IMPLICATIONS","authors":"Martina Drventić Barišin","doi":"10.25234/eclic/28267","DOIUrl":"https://doi.org/10.25234/eclic/28267","url":null,"abstract":"The service of documents is crucial for the smooth initiation and operation of cross-border civil and commercial proceedings. Cross-border service of documents raises the issues on effectiveness and efficiency of proceedings together with the effective right to access a (foreign) court in terms of the language used and the effective possibility of appearing before a court. In response, international judicial cooperation in the service of documents was established and operated for decades, starting with the Hague 1965 Service Convention. The importance of proper service of documents also comes from the fact that it is a condition to recognise and enforce the final foreign judgment in different domestic, European, and international legislations. The abolition of the exequatur procedure in the context of the EU legislation in civil matters points toward an even greater need for harmonisation, which seeks to be achieved through the Service of Documents Regulation. The changes in individual lives and business operations affected by digitalisation have also led to the need for the modernisation of judicial cooperation. The Service of Document Regulation underwent the recast procedure and entered into force on 1 July 2022. It has brought novelties, given the introduction of mandatory electronic communication between the agencies and facilitating electronic and direct service. The significant changes concern the e-Codex as the mean of communication; electronic service; electronic signature of deeds, documents and forms; and assistance in address enquiries. The paper assesses the implication of using ICT in the service of documents and, at the same time, addresses whether the changes are fully up with the fast-growing general technological advancement since it seems that the implementation level still depends on the Member States.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609423","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}

{"title":"PRIVATE INTERNATIONAL LAW AS A MEANS TO PROJECT EU DIGITAL VALUES ABROAD","authors":"Edoardo Benvenuti","doi":"10.25234/eclic/28266","DOIUrl":"https://doi.org/10.25234/eclic/28266","url":null,"abstract":"In light of the pivotal role that new technologies play for the achievement of policy objectives, and considering their ability to negatively affect rights and freedoms in a ubiquitous manner, EU law is adopting a number of instruments to regulate those matters that are particularly influenced by digitalisation. Such instruments include substantive rules applicable to several online activities. This legislation aims at establishing an environment where digital interactions take place in accordance with fundamental rights, whose protection is enshrined within EU primary law, as well as to ensure the proper functioning of the internal market. Given the ubiquitous nature of digital technologies, and in order for these rules to be effective, their scope of application is designed to also include cases that may be strongly related to Third States. In this way, the EU aims at strengthening its digital sovereignty by creating a strong digital single market, and by guaranteeing the protection of European users, whose rights should benefit from the protection of EU substantive law even when digital activities take place abroad. Although the EU has a strong interest in ensuring a broad application of its substantive rules, the possibility for EU law to be concretely applicable abroad depends – in the first place – on the existence of jurisdictional rules specifically designed to apply to disputes that may involve parties from Third States. Nonetheless, while some of the instruments adopted in this area ensure the application of substantive rules by providing for specific grounds of jurisdiction, litigation in these matters will normally fall within the scope of Regulation (EU) n. 1215/2012, whose rules apply – in general – only when the defendant has her/his domicile in the Union. In light of these considerations, the paper will assess the coherence between the broad scope of some of the instruments that the EU has adopted (or is going to adopt) in fields strongly affected by digitalisation – such as the GDPR, as well as other EU’s initiatives pertaining to Artificial Intelligence and to digital platforms – and Regulation (EU) n. 1215/2012, in order to evaluate the ability of the latter to support the application of EU digital standards world-wide.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609429","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}

{"title":"INTERNATIONAL FAMILY LAW IN THE AGE OF DIGITALISATION : THE CASE OF CROSS-BORDER SURROGACY AND INTERNATIONAL PARENTAL CHILD ABDUCTION","authors":"Katarina Trimmings","doi":"10.25234/eclic/28256","DOIUrl":"https://doi.org/10.25234/eclic/28256","url":null,"abstract":"This article illustrates in an anecdotal way the impact of digitalisation on international family law. Specifically, it explores the part that digital technologies have played in the expansion of cross-border assisted reproduction, with a particular focus on cross-border surrogacy arrangements. It then examines the interface between international parental child abduction and facial recognition technologies. The EU approach to the use of AI-powered facial recognition technologies is explained, before considering the potential utility of facial recognition technologies in the specific context of international parental child abduction.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609428","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}

{"title":"ALGORITHMIC DISCRIMINATION : A BLUEPRINT FOR A LEGAL ANALYSIS","authors":"Patricia Živković, Rossana Ducato","doi":"10.25234/eclic/28265","DOIUrl":"https://doi.org/10.25234/eclic/28265","url":null,"abstract":"The paper aims at providing an overview of the issues raised by algorithmic discrimination, and the key contributions proposed in the literature to address them. It is intended to be used as a starting point for those interested in approaching the topic for the first time or as a syllabus for the students taking the Erasmus+ Strategic Partnership MOOC “Time to Become Digital in Law”. First, the contribution will outline what algorithms are and what we consider algorithmic bias and what are its causes. Second, it will investigate the ethical and social implications of algorithmic bias. Then, the paper will focus on how existing laws and regulations can be applied to algorithmic discrimination. This contribution will focus in particular on the two branches of law that have been identified in the literature as the most relevant in this context: anti-discrimination law and data protection law. The work will outline their potentialities and limitations, presenting some proposals advanced in the literature to fill the new and emerging gaps of protection.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609419","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}