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Author: Jan Czarnocki
Publisher: Bloomsbury Publishing
ISBN: 1509974520
Category : Law
Languages : en
Pages : 351
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Book Description
This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.
Author: Jan Czarnocki
Publisher: Bloomsbury Publishing
ISBN: 1509974520
Category : Law
Languages : en
Pages : 351
Get Book Here
Book Description
This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.
Author: Norbert Reich
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681764
Category : Law
Languages : en
Pages : 244
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Book Description
This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.
Author: Giuseppe Mazziotti
Publisher:
ISBN: 9789461383310
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
Inside the EU, modernizing its copyright framework for the Internet age is considered a key step toward a Digital Single Market in the creative content sectors. To explore the most suitable and realistic policy options to achieve this objective, the CEPS formed a task force to foster a multistakeholder dialogue on the major challenges for copyright law in the online content sector today. Drawing on those discussions, this report contains the conclusions and policy recommendations organized around three main themes: - Licensing rules and practices in the online music and film sectors - The definition and implementation of copyright exceptions in the digital environment - The present and future of online copyright enforcement in Europe
Author: Evelyn Ellis
Publisher: Hart Publishing
ISBN: 1841130079
Category : Law
Languages : en
Pages : 217
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Book Description
This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.
Author: Reiner Schulze
Publisher: Nomos/Hart
ISBN: 9781509923595
Category : Law
Languages : en
Pages : 1504
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Book Description
The European Commission adopted its Digital Single Market Strategy in May 2015. Three years later, legislative measures are emerging which aim to tackle the unique legal problems arising from the supply of digital content and which will shape the development of national and European law in the future. The Digital Content Directive is set to play a central rule in this development. Its provisions on conformity and remedies for non-conforming digital content concern the heart of the protection for the consumer. Its rules will not only have to be transposed into national law over the coming years but will also interact with existing provisions from the Consumer Rights Directive 2011/83/EU, the E-Commerce Directive 2000/31/EU, and the Portability Regulation 2017/1128 in order for the legal framework on the supply of digital content to function. The Commentary contains an in-depth, article-by-article analysis of core provisions concerning the supply of digital content: from the pre-contractual information duties and cancellation rights to conformity and portability of digital content. The contributors are legal experts from across the EU. Their comments give not only detailed explanations of the background and purpose of the provisions in order to assist interpretation, but also indicate potential difficulties and solutions in order to ease transposition and implementation of the rules on the supply of digital content. It will be an essential guide for legislators, practitioners and scholars.
Author: Giovanni De Gregorio
Publisher: Cambridge University Press
ISBN: 1316512770
Category : Law
Languages : en
Pages : 383
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Book Description
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
Author: Panos Koutrakos
Publisher: Bloomsbury Publishing
ISBN: 1509900357
Category : Law
Languages : en
Pages : 366
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Book Description
This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0192567454
Category : Law
Languages : en
Pages : 994
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Book Description
The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Author: Sanja Bogojevic
Publisher: Bloomsbury Publishing
ISBN: 1509919503
Category : Law
Languages : en
Pages : 321
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Book Description
The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.
Author: CHUNG Wai Man, Franco
Publisher: City University of HK Press
ISBN: 9629373785
Category : Law
Languages : en
Pages : 698
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Book Description
Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
