Cambridge Yearbook of European Legal Studies最新文献_第2页

Hard Law and Soft Law Regulations of Artificial Intelligence in Investment Management 人工智能在投资管理中的硬法与软法规制

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2022.10

Wojtek Buczynski, Felix Steffek, F. Cuzzolin, M. Jamnik, Barbara Sahakian

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The Court of Justice of the European Union and International Dispute Settlement: Conflict, Cooperation and Coexistence 欧洲联盟法院与国际争端解决:冲突、合作与共存

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2022.9

J. Odermatt

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Editorial 编辑

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2023.4

Markus W. Gehring

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CEL volume 24 Cover and Back matter CEL第24卷封面和封底材料

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2023.3

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The European Carbon Border Adjustment Mechanism and the path to Sustainable Trade Policies: From ‘Coexistence’ to ‘Cooperation’ 欧洲碳边界调整机制与可持续贸易政策之路：从“共存”到“合作”

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2022.6

Pierre Leturcq

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European Union and the Right to Open Internet: To Boldly go where no One has Gone before 欧盟和开放互联网的权利:大胆地去没有人去过的地方

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2023.1

Marcin Rojszczak

{"title":"European Union and the Right to Open Internet: To Boldly go where no One has Gone before","authors":"Marcin Rojszczak","doi":"10.1017/cel.2023.1","DOIUrl":"https://doi.org/10.1017/cel.2023.1","url":null,"abstract":"Abstract The discussion of the need to establish a ‘right to the internet’, ongoing now for over thirty years, has not brought about a clear resolution. Despite the growing importance of online services to both the economy and social life, there is no consensus on the limits of such a right, nor on the need to define it at all—not to mention controversy over its inclusion in the catalogue of fundamental rights. However, the discussion about the right to internet access in the context of the EU legal system now seems obsolete. This is so, because—not through the direct modernisation of the Charter of Fundamental Rights but as part of new telecommunications legislation—a new subjective right, called the right to open internet, has emerged. The aim of this Article is to clarify the content of this right and its relationship to the principle of network neutrality. Against this background, recent judgments of the Court of Justice will be examined and discussed. Although closely related to the telecommunications market, these judgments may serve as a starting point for further discussion on the meaning of the right to open internet in the EU legal system, including its relation to the protection of human rights.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"24 1","pages":"294 - 318"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45716717","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}

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From Darkness to Light: A Comparative Study of Special Purpose Acquisition Companies in the European Union, the UK, and the US 从黑暗到光明：欧盟、英国和美国特殊目的收购公司的比较研究

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2022.8

Daniele D’Alvia

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Law, Policy, Expertise: Hallmarks of Effective Judicial Review in EU Competition Law 法律、政策、专业知识:欧盟竞争法中有效司法审查的特征

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2022.7

Pablo Ibáñez Colomo

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The Creation of European Citizenship: Constitutional Miracle or Myopia? 创造欧洲公民身份：宪法奇迹还是近视？

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2022.11

C. Barnard, Emilija Leinarte

{"title":"The Creation of European Citizenship: Constitutional Miracle or Myopia?","authors":"C. Barnard, Emilija Leinarte","doi":"10.1017/cel.2022.11","DOIUrl":"https://doi.org/10.1017/cel.2022.11","url":null,"abstract":"Abstract EU citizenship, now so central to the European Union's project, remains a highly contested concept in respect of its meaning, its scope, and its purpose. By considering the large body of legal texts and their travaux préparatoires from the 1972 Paris European Council until the adoption of the Maastricht Treaty in 1992, we have explored what the original drafters had in mind in developing the concept of EU citizenship and, crucially, what they did not. The article argues that the notion of European citizenship was seen as a tool to define European identity, and thus to continue the building of the European Union as a whole. European citizenship was thus viewed through a constitutional prism from the outset. The constitutional approach to the concept of European citizenship fed into the wider constitutionalisation project under the Maastricht Treaty and, later, permeated the case law of the Court of Justice of the European Union. We wish to argue that this focus on the constitutional nature of EU citizenship overlooked the more practical implications of citizenship, such as how to manage immigration flows or the infrastructure changes needed in the host state to accommodate a significant number of arrivals of EU citizens (in particular in respect of housing and social welfare benefits). It took more than 20 years after the introduction of EU citizenship for the Court of Justice to become aware of the practical, as opposed to constitutional, implications of the direction of travel it had pursued. By that time, it was too late for the United Kingdom, one of the countries which had received the largest number of EU citizens; the UK voted by a narrow margin to leave the European Union.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"24 1","pages":"24 - 44"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48100089","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}

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Trust and Transparency in Insurance Contract Law: European Regulation and Comparison of Laws 保险合同法中的信任与透明度：欧洲法律规范与比较

Cambridge Yearbook of European Legal Studies Pub Date : 2022-12-01 DOI: 10.1017/cel.2022.12

Ana KEGLEVIĆ STEFFEK

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