Maastricht Journal of European and Comparative Law最新文献

National constitutional courts’ use of the ECJ's precedents: The case study of Czechia 国家宪法法院对欧洲法院判例的使用：捷克案例研究

Maastricht Journal of European and Comparative Law Pub Date : 2024-07-23 DOI: 10.1177/1023263x241260048

Marek Pivoda, Štěpán Paulík, Sebastian Křepela

引用次数: 0

User accounts: How technological concepts permeate public law through the EU's AI Act 用户账户：技术概念如何通过欧盟《人工智能法》渗透到公法中

Maastricht Journal of European and Comparative Law Pub Date : 2024-05-16 DOI: 10.1177/1023263x241248469

Ida Koivisto, Riikka Koulu, Stefan Larsson

{"title":"User accounts: How technological concepts permeate public law through the EU's AI Act","authors":"Ida Koivisto, Riikka Koulu, Stefan Larsson","doi":"10.1177/1023263x241248469","DOIUrl":"https://doi.org/10.1177/1023263x241248469","url":null,"abstract":"This article argues that through the EU's technology regulation, technological concepts permeate legal language. Such concepts may function as transplants, even irritants, causing tensions and uncertainties. As technology regulation is increasingly horizontal, i.e. obligating private and public actors alike, these newfound legal concepts remain disconnected from established public law vocabulary and the power constellations it represents and embeds. We approach this evolution of legal language from public law perspective and concentrate on the concepts of ‘user’ and ‘deployer’ in the EU's upcoming Artificial Intelligence Act. We discuss these emerging legal concepts in relation to the rich theorizing on the concepts in human–computer interaction research. Our analysis demonstrates a discrepancy between legal and technology-oriented conceptualizations of the ‘user-deployer’. We draw three conclusions. First, the digital revolution is taking place in conceptual-linguistic practices of law, and not only when translating law into code. Second, when external concepts are appropriated into law, they are uprooted from their established habitat, which may result in unpredictability in future legal interpretation. Third, in public law, adopting the ‘user-deployer’ may have some additional challenges, as it introduces a new agent into the relationship between public authority and private entities. Simultaneously, citizens seem to be mainly excluded from the legal conceptualizing, which risks blurring traditional power constellations.","PeriodicalId":510490,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"82 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140968044","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

Enhanced flexibility: Special regimes of closer cooperation in core state powers 增强灵活性：在核心国家权力方面更密切合作的特殊制度

Maastricht Journal of European and Comparative Law Pub Date : 2024-02-04 DOI: 10.1177/1023263x231225536

Maria Patrin

{"title":"Enhanced flexibility: Special regimes of closer cooperation in core state powers","authors":"Maria Patrin","doi":"10.1177/1023263x231225536","DOIUrl":"https://doi.org/10.1177/1023263x231225536","url":null,"abstract":"This article looks at the overarching Treaty architecture on secondary law differentiation and investigates three special regimes of closer cooperation, which are modelled upon, but cannot be entirely reconducted to, the enhanced cooperation procedure of Article 20 TEU. These regimes operate within core state powers and introduce a layer of additional flexibility in some policy-specific areas. They are the Article 136.1 TfEU special procedure for euro-related legislation, the fast-track procedure for enhanced cooperation in criminal law and the permanent structured cooperation in defence policies. The article argues that the web of closer cooperation regimes in secondary law enlarges the remit of differentiation within the Treaties beyond the standard enhanced cooperation and adapts it to core state power policy domains. This increased flexibility expands substantially the likelihood of such differentiation instruments to be used in practice. Moreover, as it extends to the policy fields in which opt-outs are generally established and where differentiation is mostly needed and operated, this accrued flexibility can replace, or at least supplement, differentiation through primary law derogations.","PeriodicalId":510490,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"15 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139866714","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

Enhanced flexibility: Special regimes of closer cooperation in core state powers 增强灵活性：在核心国家权力方面更密切合作的特殊制度

Maastricht Journal of European and Comparative Law Pub Date : 2024-02-04 DOI: 10.1177/1023263x231225536

Maria Patrin

{"title":"Enhanced flexibility: Special regimes of closer cooperation in core state powers","authors":"Maria Patrin","doi":"10.1177/1023263x231225536","DOIUrl":"https://doi.org/10.1177/1023263x231225536","url":null,"abstract":"This article looks at the overarching Treaty architecture on secondary law differentiation and investigates three special regimes of closer cooperation, which are modelled upon, but cannot be entirely reconducted to, the enhanced cooperation procedure of Article 20 TEU. These regimes operate within core state powers and introduce a layer of additional flexibility in some policy-specific areas. They are the Article 136.1 TfEU special procedure for euro-related legislation, the fast-track procedure for enhanced cooperation in criminal law and the permanent structured cooperation in defence policies. The article argues that the web of closer cooperation regimes in secondary law enlarges the remit of differentiation within the Treaties beyond the standard enhanced cooperation and adapts it to core state power policy domains. This increased flexibility expands substantially the likelihood of such differentiation instruments to be used in practice. Moreover, as it extends to the policy fields in which opt-outs are generally established and where differentiation is mostly needed and operated, this accrued flexibility can replace, or at least supplement, differentiation through primary law derogations.","PeriodicalId":510490,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139806836","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