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The COVID-19 pandemic has hit national healthcare systems on an unprecedented scale. At the same time, European societies are witnessing an ongoing war, growing migration and climate crisis. In order to respond to the global challenges facing national healthcare systems, the European Union (EU) is stepping up its actions to promote resilience of national healthcare systems. This is to ensure adequate availability of healthcare services in times of health crises through numerous actions. Despite limited powers in health, the EU legal system creates a multidimensional order for protection of various health-related interests which touch upon the organisation of the Member States’ healthcare systems. This paper navigates the ongoing trends with regard to the EU’s health policy and presents the perspective on ‘standardisation’ of the Member States’ healthcare systems. [ABSTRACT FROM AUTHOR]

Democratic backsliding in Hungary and Poland has inspired a growing literature on EU actions to enforce the rule of law at the member state level. Some researchers have warned against possible unintended consequences of EU interference, but systematic research on the domestic politics of EU rule of law protection in target countries is largely absent. We develop a set of theoretical expectations regarding the positions of domestic political actors towards backsliding governments and EU actions. We test our hypotheses with original data from news articles in Hungary and Poland. We find that governing parties, rather than blaming 'Brussels' for illegitimate interventions in domestic affairs, spend considerable effort defending their own actions. Similarly, opposition parties and civil society actors focus on criticising their country's governments instead of supporting EU actions. EU actions thus provide domestic actors opportunities to discuss democratic backsliding, but EU actions receive little support in public (newspaper) debates. [ABSTRACT FROM AUTHOR]

The article addresses the realization of economic sanctions, which have become one of the key instruments for ensuring compliance with international law, given the inability of the United Nations Security Council--paralyzed by Russia's veto power--to fulfill its primary role of maintaining international peace and security. Particular attention is given to the realization of economic sanctions in the European Union (EU), which, alongside the United States, currently serves as a leading proponent of these coercive measures. The focus on the EU is explained by Ukraine's aspirations for EU membership, which necessitates the systematic alignment of national legislation with EU law, as well as by the critical need to ensure the effective implementation of economic sanctions, which today represent one of the few viable tools for influencing violators of international law. In this context, the article aims to analyze the practice of economic sanctions realization in the EU and to identify the problematic aspects that affect the effectiveness of these coercive measures. To achieve this goal, the process of sanctions realization in the EU is divided into three stages: the initiation and imposition of sanctions, their implementation, and the monitoring and evaluation phase. It is established that the initiation and imposition stage faces significant challenges, including the need to reach consensus among EU member states on sanction decisions, which can be complicated by the divergent political interests of individual European countries, the timely adoption of the necessary legal acts by the Council of the EU, and the legality of these measures. In contrast, the implementation stage is characterized by the lack of a unified approach to transposing economic sanctions into the national legal frameworks of EU member states, which hinders the effective enforcement of sanction regimes. The monitoring and evaluation stage reveals issues such as the lack of sufficient resources in EU member states to fulfill their reporting obligations to the European Commission regarding the implementation of EU sanctions legislation, the complexity and ambiguity of EU acts in the area of restrictive measures, the unclear definition of the objectives of economic sanctions, and the absence of a unified system for evaluating the effectiveness of sanction measures. The author emphasizes that these factors negatively impact the achievement of the goals at this stage, which in turn undermines the overall effectiveness of EU restrictive measures. The article stresses that the identified shortcomings in the EU's sanction implementation practices could serve as a foundation for improving domestic sanctions legislation and enhancing its effectiveness. In particular, it is recommended to develop mechanisms for the monitoring and evaluation of sanctions effectiveness, introduce liability for violations of sanction laws, and authorize a designated state body to provide clarifications on compliance with sanction regulations. [ABSTRACT FROM AUTHOR]

The rule of law defines the very essence of the European Union as a community of law and is embodied as a legally binding obligation for Member States. Complying with this obligation is a condition for joining the EU as a Member State and benefiting from the rights in the EU treaties. The EU has the necessary mechanisms in place to ensure that this obligation is complied with: the Article 7 TEU procedure, infringement proceedings, interim measures, preliminary rulings, and the conditionality mechanism. [ABSTRACT FROM AUTHOR]

This contribution reflects on the role of soft law instruments to address the rule of law crisis, a topic of high relevance in the context of this special issue. Indeed, the EU-15 enlargement towards the 'periphery' proceeded also through soft law instruments, perceived to allow greater flexibility in monitoring. Soft law – or rules of conduct that have no legally binding force but may have legal and practical effects (Snyder 1993, 64) have been considered inappropriate by the literature in dealing with the regulation of values in EU law. However, a closer look at the career of soft law issued for Romania under the Cooperation and Verification Mechanism appears to suggest a more nuanced picture. Whilst time is not yet ripe for a full assessment of the effectiveness of the tools, there are signs that show that the reports issued by the Commission within the Cooperation and Verification Mechanism process have had an influence in fostering change. They did so by catalysing litigation and, as a result, informing and fuelling an institutional dialogue on the rule of law at the transnational level. [ABSTRACT FROM AUTHOR]

Since the 1970s, the European Union (EU) has significantly invested in gender equality measures to tackle multiple forms of discrimination that – among others—women face in the labour market. Although the EU's primary mode of legal intervention has been geared towards the organisation of the market, a robust analysis in terms of global political economy and critique of global capitalism asking how EU law constitutes markets in relation to gendered power relations is still missing in EU law and is, to a large extent, marginalised in the emergent 'law and political economy' scholarship in Europe. This short essay explores how the gender in political economy and law approach can shed light on the gendered nature of markets and the distributive effects of EU law along gender, class, race and ethnicity lines. It illustrates some of these methodological moves using examples from EU anti-discrimination and equality law. [ABSTRACT FROM AUTHOR]

The Internet of Medical Things (IoMT) devices, as well as the Internet of Things phenomenon itself, are gaining a new group of customers every day, for whom it is almost a matter of course to use a wide range of devices, such as Internet-connected complex life support equipment or "smart" watches monitoring basic life parameters. With the growing popularity of such devices, however, questions about the safety of their users begin to arise, because almost in proportion to the number of benefits associated with the use of these products, the number of risks associated with them increases – eg improper functioning of Internet-connected life support equipment, in addition to threatening the life or health of its user, may affect the physical security of the product itself, the security of both personal and technical (eg non-personal) data processed by the specific product, or finally the cyber-security of the product. While the issues related to the protection of personal data and privacy, in general, have been discussed many times by the doctrine, the issues related to the protection of users of these devices under consumer law have not been considered much. In this context, the question arises whether the current legal regulations provide an adequate and sufficient level of protection for IoMT users. In particular, whether the average IoMT user can actually exercise their rights under the provisions of consumer law and whether the protection afforded to him – both in terms of the scope of their rights and the scope of obligations and liability of manufacturers and suppliers of these devices – is not only illusory? In order to answer the above questions, the author will evaluate the prevailing market practices – still focused around the doctrine of "caveat emptor" or "let the buyer beware" – and compare them with these regulations and juxtapose them with relevant legal regulations. However, given the lack of geographical borders in the field of cyber security and privacy, the author will not only analyse EU cyber security legislation, but also US legislation in a comparative legal analysis. The choice of jurisdictions to be compared is also related to the size and importance of both the US and the EU for the global IoMT market. It should be noted that the United States has a dominant position in the IoMT, while the European Union is estimated to have the second largest IoMT market globally. At the same time, however, there are differences in legal systems between the two economic areas. An analysis carried out in this way will make it possible not only to answer the question posed above, but also to possibly identify those areas of regulation that need to be changed or adapted to the realities of IoMT. [ABSTRACT FROM AUTHOR]

This article focuses on the influence of EU legal instruments on the criminal law of the Czech Republic in the field of environmental protection. The aim of the article is to analyse this influence and examine individual legal definitions of environmental crimes in the Czech legal system. For this purpose, descriptive, comparative, analytical, and logical methods are employed. The author first assesses the state of environmental protection in the Czech Republic, not only through criminal law. This is followed by a list of legal definitions of individual criminal offences, with an explanation of their basic features and specific differences. Each is referenced with the specific EU or public international law regulation on which the offence was based when introduced into the Czech legal system. The article also presents recent case law from the Supreme Court and the Constitutional Court of the Czech Republic concerning this issue. In conclusion, the author evaluates the level of environmental protection provided by criminal law and concludes that the Czech Republic is active in this area, fulfilling its obligations arising from European regulations governing environmental protection. [ABSTRACT FROM AUTHOR]

The main objective of this scientific study is to analyze the issue of sources of private international law in the conditions of the Slovak Republic, which, despite being a national branch of law, is greatly influenced by globalization and international legal integration. It is the above mentioned reasons that make the sources of private international law no longer only at the national level, but transnational sources are coming to the fore. The fact that private international law is currently experiencing such a confluence of several sources of law makes it absolutely necessary to define the interrelationship between these sources. Several scientific methods of investigation have been used for the elaboration of our scientific study, such as, in particular, analysis, synthesis, comparison or historical interpretation. Our research has confirmed the primacy of international treaties as well as European law over national sources of law. [ABSTRACT FROM AUTHOR]

Although a substantial part of the body of laws of an EU Member State is founded upon European Union law and norms, the number of preliminary questions emanating from courts in the Czech Republic appears to be disproportionately low compared to other similar EU Member States. The aim of this article is to analyse and outline possible reasons for the lack of preliminary questions coming from the Czech Republic. In her analysis, the author identifies three possible factors underpinning the issue. These factors include attitudes towards the EU and a general lack of understanding of the relevance of EU laws and norms; the role of preliminary rulings; and the perception and recognition of courts. An integral part of this analysis is a critical commentary on the shifts in how courts and tribunals are perceived within the meaning of Art. 267 TFEU. Lastly, the author offers guidance to fellow legal professionals and academics for interpreting EU norms. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Language & Law / Revista de Llengua i Dret is the property of Revista de Llengua i Dret and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Designed to provide a fresh start, the discharge procedure relieves debtors of pre-bankruptcy debts, allowing them to resume economic activity. Attainment of this aim is also linked with the processing of the debtor's personal data during and even after the discharge procedure is completed. The processing of the debtor's personal data in the discharge procedure is subject to the general rules of protection of personal data in the European Union law. This article analyzes what the legal basis for processing of debtor's personal data is during and after the discharge procedure. It also deals with the question whether a proper balance between the principle of publicity of the discharge procedure and the main goals of the processing of personal data (lawful processing of personal data, data minimization principle) are achieved under the current legal framework of the European Union. To show the practical problems in this area, the article focuses on the recent case law of the Court of Justice of the European Union, which reveals the problems to achieve the proper balance between the different aims of the discharge of debt procedure and processing of personal data. [ABSTRACT FROM AUTHOR]

The article examines the relationship between sustainable development and monetary policy actions, focusing on the present and future role of the European Central Bank. It argues that the primary sources of the EU, particularly Article 3, paragraph 3, Of the Treaty on European Union, legally require the ECB to incorporate sustainable development goals in its monetary policy decisions. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper analyzes possible ways of protecting artificial intelligence systems and their elements with the help of intellectual property law from the perspective of European Union law. This paper deals with copyright law, patent law and sui generis database protection in relation to artificial intelligence systems. The paper begins with an analysis of whether and how an artificial intelligence can be protected by means of copyright. The author analyzes the European Union's copyright acquis and concludes that the elements of the Al system, as well as the entire artificial intelligence system, that are implemented in software, can be protected by copyright as a computer program if the originality requirements are met. However, the originality requirement is unlikely to be met in all cases in this context. The same issue with the originality requirement applies to potentially possible copyright protection of artificial intelligence systems as databases. Therefore, it is concluded that the fulfillment of copyright requirements for protection of an artificial intelligence system must be established in each particular case. The author also considers whether patent law is applicable to protect artificial intelligence systems. For this purpose, the provisions of the patent law of the European Union, in particular, of the European Patent Convention, are analyzed. The author concludes that the artificial intelligence system may be patentable as a "computer-implemented invention" in case all the requirements for patent protection are met. Sui generis database protection is also considered as an additional possibility for legal protection of artificial intelligence systems, taking into account that its applicability is limited to the European Union. Whether sui generis database protection is applicable to the artificial intelligence system should be decided on a case-by-case basis. [ABSTRACT FROM AUTHOR]

European regulatory co‐operation has become essential for the smooth operation of the single market, and this in turn requires trust. In the case of the European Union (EU) 'Undertakings for Collective Investment in Transferable Securities' (UCITS) Directive, for example, the member states' financial supervisory authorities rely on each other to provide a harmonised regime for the sale of investment funds across the EU. Funds authorised in one member state can be sold freely in another member state without further authorisation. The national authorities need to trust each other to ensure a consistent application of EU law. Yet we know very little about how trust matters from the perspective of member state regulators. In this article, we provide a better understanding of the relevant components of trust in the single market in financial services through an in‐depth case study of an EU network of national financial market supervisory authorities. [ABSTRACT FROM AUTHOR]

The European Union (EU) Timber Regulation (EUTR) formally requires EU operators to conduct due diligence along their supply chains to prevent illegally sourced timber products from entering the European market. Little is known about the regulatory behaviour and motivations of operators to comply with this regulation. We explore the regulatory behaviour of companies by applying a synthesis of behavioural theories of regulatory compliance and transnational market regulation. Informed by qualitative and quantitative mixed methods, this study finds that EUTR compliance is influenced by operators' regulative, economic, normative and cultural‐cognitive motivations. The empirical analyses reveal that larger, publicly exposed companies are driven to comply through social pressure and the deterrence effect of sanctions and control. Operators' perceptions of the costs and benefits do not explain compliance behaviour in a significant, quantitative way. The Internal values to abide by the law are found to be a stronger motivator than economic cost–benefit calculations. [ABSTRACT FROM AUTHOR]

On 11 April 2024, the European Union (EU) adopted a new Environmental Crime Directive (ECD) that departs from how the relationship between administrative law and criminal law has previously been defined in EU law. According to the revised ECD, a conduct shall be deemed unlawful when it is in 'manifest breach of relevant substantive legal requirements' – even when there is compliance with an administrative permit. With this, the new ECD has de facto created autonomous environmental crimes. This is revolutionary, as in most legal systems criminal liability is not possible if an operator complied with the conditions of a permit. This article argues that this legal development is welcomed as a way to ensure effective environmental criminal enforcement. The question that remains open, however, is how the concept of 'manifest breach of relevant substantive legal requirements' will be translated by the Member States during the transposition of the amended ECD into national law. It is argued that it is especially important to find a formulation that can be reconciled with the legality principle, requiring the conditions for criminal liability to be specified in a clear and specific manner whilst ensuring that environmental crimes are held to account. [ABSTRACT FROM AUTHOR]

Over the years, Carbon Capture and Sequestration (CCS) has been recognized as a crucial element in the toolkit of measures to combat climate change. At the European Union (EU) level, CCS plays a vital role in climate policy, particularly in reducing CO2 emissions from hard-to-abate industries. However, no comprehensive legal framework covers all stages of CCS. These stages include carbon capture techniques, transportation by ships or pipelines, injection, site closure, and post-closure management. Each of these stages is regulated by different legal frameworks that address various topics such as geoengineering, climate change, industrial activities, property, transportation, port operations, waste management, dumping, health, and the environment. Critical legal questions remain unanswered, such as who is liable for discharges in the marine environment during the transportation of CO2 by ships and for the long-term management of sub-seabed storage sites. As the transportation of CO2 by ships will likely have transboundary implications, we explore the legal possibilities, limitations and risks associated with exporting CO2 streams for sequestration under the sub-seabed. [ABSTRACT FROM AUTHOR]

The European Union, in its beginning, had the objective of promoting economic cooperation, under the premise that commerce generates interdependence between countries, which reduces the possibilities of conflict. However, despite the intention of the UE to mitigate the conflicts, it could not avoid the dispute between Russia and Ukraine, a dispute that is rooted in a complex historical and cultural trajectory. The Russian invasion of Ukraine brought the Council of the European Union to impose sanctions on Russia. The object of study of the present project was to analyze the Council Regulation N°2022/345 of the European Union that establishes sanctions with mostly economic effects, but also has social consequences. The methodology applied was qualitative, using the bibliography review, and was sustained in analytic methods, by exegetic and historical logic. By all counts, it was reflected about if this type of regulations generated an important contribution for the conflict affected country that in this case was Ukraine or if was in fact a historic-cultural conflict disguise between the power allies of the regional bloc, and Russia. With the objective of isolation and limitation for geopolitical purposes. [ABSTRACT FROM AUTHOR]

Copyright of Acta Iuris Stetinensis is the property of University of Szczecin Press / Wydawnictwo Naukowe Uniwersytetu Szczecinskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The main purpose of this article is the analysis of the structure and content of food information law in the European Union law, as well as the general assessment of the harmonization of Serbian law with EU law in the field of food information law. In order to achieve these purposes, the authors employed doctrinal comparative research, which encompassed both structural analysis of the laws at issue, and the analysis of specific pre-defined questions. The questions included the subjects responsible for the provision of food information duties, the content of these duties, as well as the methods and ways of formulating and presenting information to consumers. The authors also dealt with the current role for voluntary food information in EU law. In the concluding section of the paper, authors emphasized the importance of introducing the mandatory and uniform front-of-package labeling scheme. [ABSTRACT FROM AUTHOR]

Copyright of Revista Técnica Tributaria is the property of Asociacion Espanola de Asesores Fiscales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

If European Union (EU) member states realise differentiations in EU Treaties, what effect do we see on public and political support for future integration? We argue on the basis of a two-tier integration theory and postfunctionalism that differentiations of member states do lead to a preference for slower future integration by its citizens and parties. Once citizens and parties are used to opting out, they demand more of the same in the future. We test our arguments with time-series cross-sectional data for 1994–2018 on all voluntary primary law opt-outs in the EU. Our panel matching estimates demonstrate that opt-outs decrease integration support. After a differentiation, parties become more Eurosceptic on average and publics express a lower preference for future integration. This suggests that differentiated integration is not a cure against Euroscepticism that leads to a unified EU in the future but rather reinforces two-tier integration. [ABSTRACT FROM AUTHOR]

In response to the Russian invasion of Ukraine, the European Union (EU) has adopted a vast range of unilateral sanctions (or 'restrictive measures') targeting almost every facet of the Russian economy. These events mark a turning point in the EU's approach to sanctions. In a brief timespan, the EU's sanctions practice has expanded significantly in its scope, reach, and hard-line political discourse, aligning more closely with the assertive stance of the United States. The collateral effects of these sanctions have reverberated globally, raising questions about their proportionality. This article explores the legal boundaries framing EU sanctions, examining the principle of proportionality across EU law, World Trade Organization (WTO) law, and customary rules on State responsibility. Through a detailed analysis of the various proportionality standards present in these legal regimes, it seeks to determine the adequacy of existing legal safeguards against a potential misuse of sanctions and addresses key challenges in regulating EU sanctions within the framework of proportionality. [ABSTRACT FROM AUTHOR]

The manuscript discusses the evolution and some relevant legal issues pertaining to the legal figure of reverse factoring, focusing, in particular, on the European context. In the first place, while developing a comparative analysis of some important national regulatory settings, the paper aims to investigate how different contract laws, through the combination of general principles and special provisions, attempt to address critical issues and potential abuses connected to the use of reverse factoring schemes, such as, most notably, the coercion of parties into entering such schemes. On the other hand, the elements drawn from the comparative analysis are meant to be framed within the dimension of EU law, in order to reconstruct potential regulatory hypotheses and solutions at the EU level, also in the light of fairness concerns which, in the EU internal market and especially from the side of Small and Medium Enterprises, arise from the widespread use of reverse factoring, mostly revolving around exploitation of small-sized suppliers by powerful buyers. [ABSTRACT FROM AUTHOR]

The European Union is blighted by a style of governance, EU police, which holds that the Union better balances different interests and values than other arenas but which is, in practice, distorted by anti‐redistribution and status quo biases. To combat it, this article proposes a principle of European democratic authority that would found EU legal authority and condition domestic legal authority. This principle holds that, to warrant authority, measures should satisfy the values, goods and processes associated with liberal social democracies and the particular democratic commitments Union membership requires: democratic imagination, political belonging and mutual betterment. This principle would be institutionalised by two further principles. Justified disobedience would set out the conditions when EU laws without European democratic authority could be disobeyed. Democratic regard would require all domestic actors to be guided by the European democratic authority principle and to disregard domestic obligations that had failed to address it. [ABSTRACT FROM AUTHOR]

Introducing this issue, the present article notes how the growing political importance given to foresight in EU governance has so far only sparked limited interest among scholars of EU law and policy‐making. To address this gap, the article starts by clarifying concepts and defining the key terminology at the intersection between (strategic) foresight and EU governance 'in the law' (involving societal actors in law‐making processes) and 'through law' (governmental actors steering society via law). It then offers a comparative discussion of the main insights of the contributions to the issue, highlighting how and why foresight has become institutionalised and how it operates across EU institutions today. In the concluding section, the article turns to the future and calls for more research into how foresight shapes EU governance, setting a research agenda for the study of foresight as a practice informing law‐ and policy‐making in the European Union. [ABSTRACT FROM AUTHOR]

This article examines the foundational principles and methodologies of foresight and their integration into EU policy‐making. It explores how foresight can improve policy analysis to create future‐ready, resilient decisions amid uncertainties. By synthesising empirical evidence and interpreting multifaceted issues through an interdisciplinary lens, foresight provides EU policymakers with tools to make informed decisions that remain adaptable in the face of unpredictability. The author argues that foresight, through comprehensive analysis of trends, uncertainties and potential challenges, can guide policymakers in forming future‐focused strategies. Key foresight methods emphasised include horizon scanning, systems analysis, stakeholder engagement and scenario planning. The article advocates a holistic policy approach, urging analysts to acknowledge biases and assumptions while integrating diverse perspectives. Concluding with a framework for responsible policy‐making, the article argues that foresight can shape evidence‐based, inclusive and transparent strategies, ensuring that the EU will be prepared for unpredictable futures. [ABSTRACT FROM AUTHOR]

Not since 2018 and the "New Deal for Consumers" package has the European Union (EU) seemed so close to stepping up the enforcement of consumer protection rules. The European Commission is expected to unveil a new "consumer enforcement package" by the end of the year, which should include revisions of the Regulation on Consumer Protection Cooperation, the Directive on Consumer Alternative Dispute Resolution and the Regulation on EU Online Dispute Resolution. In parallel, the Representative Actions Directive came into force recently. This paper examines these different initiatives and assesses whether these evolutions can truly be the first steps towards a brighter future for the enforcement of consumer protection rules in the EU or whether they are likely to remain a series of missed opportunities. [ABSTRACT FROM AUTHOR]

Copyright of Review of International Affairs (04866096) is the property of Institute of International Politics & Economics and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Comunitario Europeo is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Comunitario Europeo is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Comunitario Europeo is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Europarecht (05312485) is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This Article discusses the emerging strategic litigation practice in the European Union through the lens of participatory democracy. After situating such a practice both historically and conceptually within the specificities of the EU legal order, it explores whether and the extent to which strategic litigation, understood as an additional form of participation in the Union's democratic life, may contribute to EU participatory democracy and under which conditions. It unveils that while strategic litigation carries the potential to enhance democratic participation in the EU, it also risks—due to limited judicial literacy and unequal access to justice—empowering those already powerful. For strategic litigation to unleash its democratic potential at scale, EU courts must—as required by the "Provisions on Democratic Principles" of the Treaty of Lisbon—ensure a participatory enabling environment capable of proactively catalyzing and facilitating the ability of ordinary citizens—as well as diffuse, under-resourced and traditionally overlooked groups—to be better able to contribute to the Union's democratic life. Ultimately, no legal order worth of its name should rely on the heroism of its citizens and residents to keep its legal system in check. [ABSTRACT FROM AUTHOR]

Both European Union law and the European Convention on Human Rights offer an opportunity structure for a broad array of interests to pursue their objectives through strategic litigation. The spectrum of rights that litigants can claim is sufficiently broad that no consensus has emerged on the general consequences of such litigation. While much research has emphasized European law as a resource for civil society groups, EU law in particular has also been identified as a boon for businesses who challenge cornerstones of coordinated capitalism. This paper sets out to provide a better empirical basis for a normative evaluation of the consequences of strategic litigation in European law by asking who engages in it and who does not. It draws on data from a large-scale survey among interest groups in eight European countries. While results show significant differences in country-level litigation rates, the focus of this analysis is on the impact of group characteristics on the choice of litigation as a strategy. The findings confirm that litigation requires specific resources but highlight that groups with a prior interest in European affairs and those with antagonistic relations to national authorities are the most likely to turn to strategic litigation based in European law. [ABSTRACT FROM AUTHOR]

The European Super League case has been widely discussed by EU regulators, football associations, clubs, players, supporters and legal practitioners. This article intends to explore the legal reasoning of the Court of Justice regarding the intervention of EU competition law in football governance in this case. This article accordingly analyses the interpretation of the rules and exemptions stipulated in Articles 101 (1) and 102 of the Treaty on the Functioning of the European Union, and gives comments on the antitrust assessment by the Court of Justice regarding the common rules of prior approval and sanctions. It follows that the Court of Justice stressed the importance of transparent, objective and non-discriminatory procedures in the rule-making of football associations and saw this as a significant condition for the enforcement of EU competition law and antitrust exemption. [ABSTRACT FROM AUTHOR]

The paper explores the long-term trajectory and the recent acceleration of the conflict over the rule of law in the EU. It focusses on the motivation of the two governments in Hungary and Poland to challenge European core values increasingly aggressively even directly at EU level despite the threat of significant material costs to both countries. Putting forward a Gramscian understanding, we argue that this radicalization is the result of a counter-hegemonic strategy that aims at replacing the liberal order with a new, nationalist, ultraconservative, Christian order on domestic and European levels. The paper traces core elements of this strategy which are either disputed or underestimated in existing literature, most importantly the pursuit of a core ideology and the massive and long-term investment into winning moral and cultural leadership through the penetration of civil society which precedes and complements electoral strategies and autocratic institution building. [ABSTRACT FROM AUTHOR]

Data protection by design is an obligation for data controllers according to article 25(1) of the General Data Protection Regulation (GDPR). The present paper explores the concept of data protection by design and proposes that data protection certificates can offer guidance to data controllers, about compliance with this GDPR obligation. An exploration of officially approved certification schemes shows that the certification requirements may lay down concrete use cases which can guide data controllers about compliance with the obligation of data protection by design. Even though these policies are not a comprehensive guide for data protection by design, they lay down valuable solutions with respect to effective compliance. Moreover, the data protection measures of compliance in certification criteria have been approved by the competent Data Protection Authority and possibly the European Data Protection Board. As the present paper argues, the official approval by the competent authorities creates legitimate expectations under European Union Law. Specifically, data controllers can legitimately expect that abidance by approved safeguards meets the expectations of the authorities that are entrusted with monitoring their compliance. For these reasons, certification though an ex post mechanism, can offer valuable ex ante guidance. [ABSTRACT FROM AUTHOR]

The concept of Turkic foreigners policy is located at the significant position in Turkish Migration Policy during the Republic history. It was interpreted within the settlement policy during the construction of the nation state in the first years of the Republic that is center of migration, settlement and population policies. With the increasing foreign population in Türkiye in the 2000’s due to economic, political and geopolitical reasons, the process of harmonization with the European Union acquis has brought about the updating of migration legislation, taking into account international migration law and the European Union acquis. The concept of Turkic foreingners policy existed in the Foreigners and International Protection Law 6458, which became law in 2013, and the immigration legislation developed accordingly, criticized on the grounds that it is an elite immigration policy aimed at a privileged group in terms of international immigration legislation. In this article, in the light of these discussions, the concept of Turkic foreigners policy will be criticized in terms of its place in current legislation and international migration law. [ABSTRACT FROM AUTHOR]

The European Union (EU) is considered a normative power today. It has achieved a prominent position in international trade and has consolidated itself as one of the main markets worldwide, factors that have allowed it to have a global influence in normative terms, making its norms taken as reference models. The global role of the EU has been analyzed based on its power components and its dimensions of influence, being considered a soft, civil or normative power, mainly due to its ability to influence through persuasion and attraction, rather than coercion. However, the influence of the EU as a normative power, in a globalized and increasingly uncertain world, remains a topic of debate and controversy, as some question whether the EU really has the capacity to influence, in an effective way, the global normative framework. Therefore, the purpose of this writing is to shed light on that debate, with the aim of defining and reflecting the degree of normative influence that the EU has at the international level. [ABSTRACT FROM AUTHOR]

Legitimate expectation is one of the basic procedural principles of the general administrative procedure codifications of many European countries. Having its foundation in Kantian philosophy, it was incorporated into the law of the European Union through the principle of legal certainty and the dominant influence of German legal theory. It is the Court of Justice of the EU that is responsible for the development of this principle in practice as well as the postulates on which its application in the member states is based. In 2016, the new Law on General Administrative Procedure in Serbia introduced the principle of foreseeability, which stipulates that administrative bodies, when resolving a specific administrative matter, are obliged to take into account their earlier decisions made in the same or similar matters. The question that arose was whether this meant that legitimate expectation was introduced into the legal order of Serbia, but under a different name? In the article, we will try to analyze the aforementioned issue, citing examples from comparative European practice, as well as stances from the judicial practice of the European Court of Justice. Special attention will be paid to the broadness of legitimate expectation, which in its core should protect the subjective public rights of legal entities, not just in administrative proceedings. The theoretical elaboration of the concept of legitimate expectations is important to reveal the essence of this concept, which does not solely imply specific actions in administrative/legal proceedings, but also during (by) law norming and the creation of public policies in certain social areas. [ABSTRACT FROM AUTHOR]

The study aims to analyze the particularities presented by the conditions for acquiring a locally elected mandate if the candidate is a citizen of a member state of the European Union. It starts from the presentation of the normative framework considered in carrying out the study, after which, in the second section, all the provisions of the identified normative acts that are relevant for clarifying the assumed problem are analyzed. The problem is complex and requires the approach of both national law and European Union law, and from national law, both public and private law provisions. [ABSTRACT FROM AUTHOR]

With the seemingly rapid progression of technological development, algorithms are also becoming increasingly powerful and complex, not least due to the emergence of artificial intelligence (AI). While the AI Act is not yet applicable, a European Union law governing the use of algorithms on online platforms already exists that sets out the potential risks and challenges associated with their use. The Digital Services Act (DSA) introduces several new regulations concerning algorithm-based, automatic filtering systems into EU law that play a particularly important role for online platforms, as algorithms are used in these in the form of filter and recommender systems. These help with the moderation of content on platforms on the one hand and ensure a better user experience on the other. At the same time, their use is also associated with potentially negative implications and risks. For example, the spread of misinformation, hate speech and other harmful content on online platforms can have a significant negative impact on democracy and social cohesion. The Digital Services Act aims to ensure that algorithmic systems are used transparently and responsibly. In the analysis of the Digital Services Act, the paper primarily employs the method of word interpretation. This involved a detailed examination of the language used in the Digital Services Act, focusing on the specific terms and phrases within the legislative text. By scrutinising the context and usage of these keywords, the paper aims to uncover their precise meanings and implications. [ABSTRACT FROM AUTHOR]

The article discusses the regulatory design of the EU Digital Markets Act (DMA) and its significance in the evolution of EU competition law. The DMA is seen as a major step in the evolution of competition law, adopting strong regulatory structures based on experience gained from competition law enforcement in digital markets. The article outlines the roles of various actors involved in rule and policy formation, such as the Digital Markets Advisory Committee and the high-level group of digital regulators. It also discusses the enforcement of the DMA, involving the Commission, gatekeepers, national authorities, and European and national courts. The article concludes by highlighting the importance of the tri-annual review of the Act and its potential impact on competition law enforcement. [Extracted from the article]

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Copyright of Cuadernos Europeos de Deusto is the property of Universidad de Deusto and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of the study is to analyse the EU's existing and potential capabilities in criminal law policy to prevent transnational environmental crimes. The study uses statistical analysis, formal legal, comparative legal and descriptive methods. As a result of the work carried out, it was found that today, Ukraine requires special attention in terms of the scale of transnational environmental crimes. About 2,500 environmental crimes committed by Russian companies were recorded in the country. In this regard, the author's in-depth analysis of the current legislative documents related to transnational environmental crimes provides valuable insights. It is determined that changes in the criminal law policy of the European Union may improve the situation with transnational environmental crime. At the same time, the author considers the prospects for further improvement of criminal law policy, including introducing the concept of "ecocide" into the Rome Statute. The author notes the European Union countries' best practices in preventing environmental crimes using criminal law instruments and the SIENA platform's effectiveness in exchanging information on environmental crimes between countries. The findings of this work can be applied in developing mechanisms for the prevention of transnational environmental crimes. [ABSTRACT FROM AUTHOR]

Scholars employ two main measures of the executive constraints embedded in European Union laws: one is based on the variation in the use of different types of restrictions, and the second is based on the frequency of such use. They reflect two alternative conceptualizations of bureaucratic control. We label them, respectively, as the "toolbox perspective" and the "design perspective". We illustrate that the constraint frequency measure poses fewer validity problems in estimating legislators' intent to constrain implementation and tends to produce less severe measurement errors. We then evaluate the performance in estimating constraint variation of a recent computational application and identify potential drawbacks of automated learning from hand‐coded provisions. We lastly introduce a skeletal framework for a machine‐learning approach based on the syntactic structures employed by legislators that could improve the performance of this innovative technique. [ABSTRACT FROM AUTHOR]