European Union Law

Requirements of a European Public Sphere. Civil Society, Self, and the Institutionalization of Citizenship.“

by Carlos Closa

Supranational citizenship and democracy: normative and empirical dimensions

by Carlos Closa

in La Torre, Massimo (ed.) (1998) European citizenship; an institutional challenge(Dordrecht: Kluwer Law) pages 415-433

The Convention method and the transformation of EU constitutional politics

by Carlos Closa

in Erikssen, Erik O., John Erik Fossum and Agustín J. Menéndez (eds.) (2004)Developing a constitution for Europe (London: Routledge) pages

British pubs, decoder cards, and the future of intellectual property licensing in the European Union after Murphy.

by Anastasios Kaburakis

With Lindholm, J, and Rodenberg, R.

October 4, 2011 marked a new era in global sports media rights. On this day, the Grand Chamber of the European Court... more October 4, 2011 marked a new era in global sports media rights. On this day, the Grand Chamber of the European Court of Justice (ECJ) delivered its judgment in FA Premier League et al. v. QC Leisure et al. & Murphy v. Media Protection Services Ltd (“Murphy”). Murphy decided upon the legality of a scheme whereby the holder of intellectual property rights to a sporting event licenses the right to broadcast the event on a national exclusivity basis.

La Cybercrime: Appunti sugli atteggiamenti dell'Unione europea

by Manuel David Masseno

Seminário no Programa de Doutoramento "Comparazione e diritti della persona", na Università degli Studi di Salerno, Itália. 08/05/2012

La disciplina della Privacy in Europa, prospettive immediate

by Manuel David Masseno

Seminário no Programa de Doutoramento "Comparazione e diritti della persona", na Università degli Studi di Salerno, Itália. 07/05/2012.

F. Sindico, “The EU and Carbon Leakage: How to Reconcile Border Adjustments with the WTO?”, 17 European Energy and Environmental Law Review (2008), pp. 328-340

by Francesco Sindico

Climate change is a global problem that needs a comprehensive international response. If countries adopt different... more Climate change is a global problem that needs a comprehensive international response. If countries adopt different measures this may lead to carbon leakage that then leads to further emissions and to competitiveness concerns from those countries that have adopted more stringent measures. One approach to deal with carbon leakage and competitiveness concerns is through the adoption of border adjustment measures. This paper focuses on possible climate border adjustment measures that may arise from the development of the current EU climate policy, the final goal being to determine their compatibility vis–à–vis the WTO regime.

Data protection ed attività di impresa. Verso dove guardano gli USA?

by alessandro mantelero

published in Diritto dell'informazione e dell'informatica, 2011, pp. 457-476

keywords: diritto comparato - dati personali - Stati Uniti [comparative law - data protection - U.S.]
more keywords: diritto comparato - dati personali - Stati Uniti [comparative law - data protection - U.S.]

abstract: il saggio esamina le recenti tendenze emerse nel dibattito istituzionale statunitense in merito alla regolamentazione della protezione dei dati personali  [The paper analyzes from a comparative perspective the recent reform proposals emerged in the U.S. debate about the regulation of the protection of personal data]

Observatory on ICT Law: new rules and technical solutions concerning cookies and other device to profile internet users

by alessandro mantelero

published in "Contratto e Impresa Europa", 2011, pp. 787 ss.

keywords: diritto comunitario - dati personali - profilazione [European Union law - data protection - profiling]more keywords: diritto comunitario - dati personali - profilazione [European Union law - data protection - profiling]

abstract: a partire dalle recenti soluzioni tecniche volte a limitare la profilazione on-line (funzione Do Not Track dei browser), l'autore si sofferma sull'attuazione della direttiva 2009/136/EC, anche nota come "cookie law" [Taking into consideration the recent privacy enhancing technology (Do Not Track technology), the paper analyzes the EU legislation concerning cookies and other device to profile internet users (Directive 2009/136/EC)].

La nuova normativa indiana in materia di data protection: la protezione dei dati declinata in maniera funzionale all'outsourcing

by alessandro mantelero

published in "Contratto e Impresa Europa", 2011, pp. 708 ss.

keywords: diritto comparato - dati personali - India [comparative law - data protection - India]
more keywords: diritto comparato - dati personali - India [comparative law - data protection - India]

abstract:il il saggio esamina le recenti disposizioni in materia di trattamento dei dati personali entrate in vigore in India, mettendo in luce come quest'ultime risultino più ispirate da ragioni di politica industriale che dall'intento di tutelare la persona. L'autore evidenzia come le soluzioni adottate presentino criticità con riguardo ai flussi di dati correlati ai processi di outsourcing posti in essere avvalendosi di imprese indiane. [The paper analyzes the recent Indian regulation on data protection and highlights the influence that the industrial policy reasons have had in defining the new rules. The author examines the approach adopted by Indian law and the possible contrasts with EU data protection law].

Masters of Big Data: Concentration of Power Over Digital Information

by alessandro mantelero

Working paper, 2012

In our society, information has assumed a fundamental role in every decisional and social process. Governments and big... more In our society, information has assumed a fundamental role in every decisional and social process. Governments and big private companies collect huge amounts of data that represent a strategic and economically relevant asset. The predictive relevance of big data management and the global dimension of this phenomenon has led us to reflect on the nature and the dynamics of a centralized power held by only a few subjects. The increasing power that derives from big data necessitates the adoption of adequate remedies to control and limit the information asymmetries and their consequences in terms of economic advantages and social control. From this perspective it is important to adopt adequate measures to control those who have this power, in order to limit possible abuse and illegitimate advantages, and, at the same time, to increase access to information, in order to spread informational power.

The EU's Normative Power - Strength or Weakness?

by Tornike Metreveli

The paper tries to critically reflect on the concept of the European Union’s Normative Power as advocated by Ian... more The paper tries to critically reflect on the concept of the European Union’s Normative Power as advocated by Ian Manners. By drawing on comparative analysis, the paper seeks to illustrate that the EU’s normative power can be its greatest strength and its greatest weakness.

European Law in American Courts: Foreign Law as Evidence of Domestic Law

by Eric Engle

The EU Economic governance: the Stability and Growth Pact

by Carlos Closa

Closa, C. (2007) The EU Economic governance: the Stability and Growth Pact, en Heinz Schaffer & Julia Iliopoulos-Strangas (eds.) State modernization in Europe Ant. N. Sakkoulas Publishers / Berliner Wissenschafts-Verlag / Bruylant SEPI  ISBN: 978-960-15-1846-6 pages 311-332

The Stability and Growth Pact (SGP) is one of the main instruments of economic governance in the EU, alongside the... more The Stability and Growth Pact (SGP) is one of the main instruments of economic governance in the EU, alongside the independence of the European Central Bank and the Lisbon Strategy.  These three pieces together constitute the European model of economic governance.  However, the model is asymmetrically tilted towards the substantive contents of the stability pact, though its 2005 reform included some elements of the Lisbon strategy at the centre of macroeconomic policy.  The SGP nevertheless unquestionably remains the central instrument for defining the EU paradigm of economic governance.

Institutional Implications of the Unfair Terms Directive in Poland

by Rafał Mańko

[in:] Jacobien W. Rutgers (ed.), European Contract Law and the Welfare State (Groningen: Europa Law Publishing, 2012), pp. 141-169.

ABSTRACT

In this paper I focus on the institutional implications of the EU Unfair Terms Directive (93/13)... more ABSTRACT

In this paper I focus on the institutional implications of the EU Unfair Terms Directive (93/13) in Poland in the broader context of the welfare state model prevalent in that post-socialist EU Member State. I depart from the assumption that there is, in principle, a link between the intensity of the welfare state and the level of consumer protection, as evidenced e.g. by the traditionally high level of both in the Nordic countries. Such a view is supported by the fact that both policies are the expression of the desire to promote social justice. Hence, I argue that there is a close link between the currently experienced atrophy of the welfare state in capitalist Poland and stances towards consumer protection. Therefore, in section 2, I depart from a brief account of the evolution of the Polish welfare state from the pre-1989 state-socialist model to the current model within the framework of Poland's new capitalism, which can be described on a theoretical plane as marginal or residual, if not simply atrophic. In section 3, I discuss the evolution of consumer protection in Poland, indicating its initial lack during the state-socialist period and its emergence in the early 1980s, before moving on to the post-socialist period and the impact of European integration. Having presented the background information on the welfare state and consumer protection, in section 4 I discuss in detail the institutional impact of the Unfair Terms Directive. My analysis encompasses such aspects as the definition of a consumer, the substantive scope of protection and the available means of protection (incidental and abstract control). I will also discuss the newly introduced group actions (comparable to class actions) which are specifically tailored for consumer cases, including those where the rules on unfair terms are involved. In section 5, I present my concluding remarks.

RESUME

Le texte a pour objet d’analyser la transposition de la directive 93/13 sur les clauses abusives dans l’ordre juridique polonais dans le contexte du modèle d’État-providence. Premièrement, j’analyse l’évolution historique d’État-providence en Pologne et je note la crise contemporaine de celui-ci. Deuxièmement, j’analyse le modèle de la protection du consommateur en Pologne et les rapports existants entre ladite protection et le modèle d’État-providence. Troisièmement, j’analyse les implications institutionnelles de la directive 93/13 en Pologne et notamment le champ d’application ratione personae (définition du consommateur), le champ d’application ratione materiae (définition de la clause abusive), le caractère juridique de la liste des clauses abusives (liste « grise » ou « noire ») ; le contrôle in concreto des clauses abusives par les juridictions civiles ordinaires ; le contrôle in abstracto des clauses abusives par une juridiction spécialisée, c’est-à-dire la Cour de la protection de la concurrence et du consommateur a Varsovie ; les actions dites « de groupe » comme une nouvelle forme de protection collective des droits du consommateur. L’article souligne des difficultés rencontrés au regard de la transposition et application du droit des clauses abusives en Pologne, qui peuvent être liées au problème plus générale de la crise d’État-providence.

The European Rescue of the European Union

by Pedro Gustavo Teixeira

Von Bogdandy’s ‘Reverse Solange’: Some Criticism of an Important Proposal

by Dimitry Kochenov

http://verfassungsblog.de/rescue-package-fundamental-rights-comments-dimitry-kochenov/

This brief contribution appeared in the Verfassungsblog in February 2012 in reaction to an important article published... more This brief contribution appeared in the Verfassungsblog in February 2012 in reaction to an important article published by Armin von Bogdandy et al. in 49 CMLRev., 2012, 489. While the approach taken by von Bogdandy is very fascinating and innovative, it can also be criticized on a number of grounds, including, inter alia, the presumption that Solange was good enough to be worth copying, that an approach designed for giving up power is likely to be effective in the context of acquiring new jurisdiction, and that abstract human rights protection at the most general level will actually change the situation where concrete rights are violated on the ground. The rich article by von Bogdandy et al. is an important starting point for a fundamental debate on the scope of the EU’s human rights jurisdiction which is long overdue and is becoming particularly acute in the light of the recent case-law of the CJEU, where the Court is using EU citizenship rights to claim jurisdiction and activate EU law in the fields previously deemed to be outwith EU’s reach.

2012 The Court of Justice’s half-hearted recognition of a new general principle of non-discrimination on grounds of sexual orientation in the case of Römer

by Laurent Pech

Draft version

EU lawyers ought to be grateful to the Labour Court of Hamburg for having offered the Court of Justice the opportunity... more EU lawyers ought to be grateful to the Labour Court of Hamburg for having offered the Court of Justice the opportunity to further clarify the application of EU law provisions on discrimination on grounds of sexual orientation in employment, an issue which was first addressed in the case of Maruko.  Perhaps more importantly, this reference presented the Court with the occasion to explicitly spell out whether non-discrimination on grounds of sexual orientation had to be regarded as a new general principle of EU law and/or a Charter right and draw the necessary conclusions from this categorisation. The Court, however, was clearly reluctant to issue a ruling à la Mangold,  and whilst its judgment does satisfactorily address the anti-discrimination aspects of the case, it remains rather unhelpful as regards the constitutional issues raised by the dispute opposing Mr Römer to the City of Hamburg. In particular, the Römer judgment is rather superficial when it comes to explaining why this case must fall within the scope of EU law as well as particularly ambiguous with respect to the source and nature of the principle of non-discrimination on grounds of sexual orientation. However, before exploring the issues left unclear by the Court, this note will first offer a predominantly descriptive account of its judgment and the questions it adequately answered.

Much ado about little:: Continuity and change in the European Union Policy of the Spanish socialist Government (2004-8)

by Carlos Closa

South European Society and Politics 14 (4), 503-518
A previous and very preliminar version of this paper was submitted at the APSA 2009 Toronto Meeting and it is available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1450193

The 2004-2008 Zapatero’s government EU policy combined continuity of former socialist policies in the 1990s with some... more The 2004-2008 Zapatero’s government EU policy combined continuity of former socialist policies in the 1990s with some new additions in the form of a commitment with domestic constitutional reform including a reference to the EU in the Spanish constitution. The use of referendum to ratify the EU constitution, even though decided by the socialist government, had a large domestic consensus but it fitted easily with Zapatero’s proclaimed republican preferences. Even though change happened, it would be difficult to argue that it was a second transition.

The Romanian Army Officer Lt. Alexandru Gheorghe (27 y.o.) Fights for Democracy Under the Weight of the Lingering Communist Era Tombstones

by Adrian Toader-Williams

Denigrating intellectuals and eliminating people that stands out against the ruling government for a public interest cause has deep roots in the old time human behavior tendency to hold power. Personally I have hard time to accept that during our days such concepts and practices are still generalized in the civilized countries. Remainders of the old communist and dictatorial regimes isolated tendencies are possible to linger around. We can aim towards a sustainable development only by reaffirming the democracy, the social contract and the fundamental law protecting the Human Rights. If not absolutely nothing makes sense. Full Article: http://ireport.cnn.com/docs/DOC-743320 Military Army NATO Romania Social Contract Human Rights Health Freedom Economy Economics Equilibrium TEKT Triangular Ecokinematics Theory Webcast Romania Retirement Law Education Security Sustainable Development Government Finances Banks Money Inflation Attribution

Denigrating intellectuals and eliminating people that stands out against the ruling government for a public interest... more Denigrating intellectuals and eliminating people that stands out against the ruling government for a public interest cause has deep roots in the old time human behavior tendency to hold power. Personally I have hard time to accept that during our days such concepts and practices are still generalized in the civilized countries. Remainders of the old communist and dictatorial regimes isolated tendencies are possible to linger around. We can aim towards a sustainable development only by reaffirming the democracy, the social contract and the fundamental law protecting the Human Rights. If not absolutely nothing makes sense. Full Article: http://ireport.cnn.com/docs/DOC-743320