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Benchmarking for a more balanced legislation: the example of copyright law

Ana Ramalho
1970 Amicus Curiae  
By mapping the goals of legislative activity, it is thus possible to examine whether a normative gap exists in the context of lawmaking.  ...  The powers of the EU to enact legislation in a given area are dependent upon a competence norm that grants it legitimacy to act.  ... 
doi:10.14296/ac.v2016i105.4932 fatcat:jobmvnzpavgj5l2tfklvncil3i

Joining the Dots: External Norms, AFSJ Directives and the EU's Role in Global Legal Order

Elaine Fahey
2015 Social Science Research Network  
Area of Freedom, Security and Justice (AFSJ) Directives of the last legislative cycle of the EU, from 2009-2014.  ...  The EU's participation in these external norms is also relevant for the study of the EU's role in the world.  ...  A Regulation in the Road Map legislative is omitted in this account which only considers Directives: i.e.  ... 
doi:10.2139/ssrn.2648845 fatcat:qakbrmfnt5ga7hfvcwrttyhige

The choice of instrument for EU legislation: mapping the system of governance under MiFID II and MiFIR [chapter]

Magnus Strand
2020 Governing Finance in Europe  
This process serves to align interpretations of the applicable legal acts in order to achieve uniformity in their application.  ...  of normative powers to EU agencies.  ... 
doi:10.4337/9781839101120.00011 fatcat:w6z7cjihxrcubcq62l4g3hkkje

Internal Market Architecture and the Accommodation of Labour Rights: As Good as it Gets?

Claire Kilpatrick
2011 Social Science Research Network  
It probes the legislation/primary Treaty freedom dimension of the architecture, by looking at the interplay between legislature and Court of Justice in two overlapping free movement of service fields where  ...  This paper suggests that investigating how internal market architecture affects the accommodation of labour rights helps us better to understand internal market-labour rights conflicts and how they might  ...  The relationship with the Treaty freedom makes internal market legislation especially vulnerable to judicial overhaul. The aim to deliver a full legislative map of legality is never fulfilled.  ... 
doi:10.2139/ssrn.1824234 fatcat:nw47odohrzh2hflfgiczkba2qy

Regional investment aid under regional operational plans for 2014-2020

Jarosław Odachowski
2019 The Central European Review of Economics and Management  
As a rule, this aid is prohibited; still, the EU legislator allows for a number of exemptions. (2) This, in turn, means that it is necessary to develop, by issuing other normative acts (but also soft-law  ...  regulations), the Treaty provisions which allow for providing legally benefits covered by state aid. (3) The legal form at issue here should be considered in the context of the need to ensure that beneficiaries  ...  In particular, the obligation of the national legislator is to establish corresponding legal regulations which, together with the rules of the EU law 2 will create the normative fundaments for providing  ... 
doi:10.29015/cerem.488 fatcat:o3usn3zn3ne2te4yooziqxdprq

Criminal justice profiling and EU data protection law: precarious protection from predictive policing

Orla Lynskey
2019 International Journal of Law in Context  
Whether predictive policing technologies fall within the scope of the data protection rules is uncertain, even in light of the expansive interpretation of these rules by the Court of Justice of the EU.  ...  of Justice of the EUto the use of predictive policing technologies.  ...  of legislative provisions that ensure the Charter's application in contested contexts.  ... 
doi:10.1017/s1744552319000090 fatcat:q6g35jhed5amlnnbmiymoomulm

'Mark My Words' - Trademarks and Fundamental Rights in the EU

Jens Schovsbo
2017 Social Science Research Network  
and Martin Senftlebven (Vrije Universiteit) for comments on earlier drafts and to Berdien van der Donk (CIIR) for research assistance.  ...  Instead, courts rely on recitals to cast light on the interpretation of a legal rule. 77 A.  ...  Article), the provisions found in the recitals do not normally create legally binding rights.  ... 
doi:10.2139/ssrn.2928031 fatcat:7eucqqw54jactdyo264isghdey

Framing and legitimating EU legal regulation of human gene-editing technologies: key facets and functions of an imaginary

Aurélie Mahalatchimy, Pin Lean Lau, Phoebe Li, Mark L Flear
2021 Journal of Law and the Biosciences  
We argue that this imaginary not only places a limit on EU-level regulation, despite a strong EU competence in respect of the internal market, but also seeks to ensure its legitimation.  ...  There is an attempt to craft legal frameworks protective enough for users, but flexible enough for developers of gene-editing technologies.  ...  unpatentable where their commercial exploitation would be contrary to ordre public or morality' . 63 To assist in the interpretation of this provision, there is a non-exhaustive and indicative list of  ... 
doi:10.1093/jlb/lsaa080 fatcat:ik37dxhe2fhi3evgauhac7e7zi

Simplification of Administrative Procedures through Fully Automated Decision-Making: The Case of Norway

Emily M. Weitzenboeck
2021 Administrative Sciences  
In the last five years, various amendments to public sector legislation were proposed by a number of government departments and agencies in Norway to ensure that the relative administrative agency has  ...  a legal basis to carry out fully automated individual decisions.  ...  Acknowledgments: The author is grateful to the research group in public administration and governance at the Oslo Business School at Oslo Metropolitan University for incisive comments to an earlier draft  ... 
doi:10.3390/admsci11040149 fatcat:tfmldd6j5bblppukwfxm5i3opy

The legal orders of the European Community and of the Member States: peculiarities and influences in drafting

Jean-Claude Piris
2011 Amicus Curiae  
The guidelines further list pitfalls to avoid, such as too many cross-references or references to other acts, provisions without legislative character and autonomous provisions in amending acts.  ...  However, it is more difficult to understand such a difference in the use of the same term in the French legal order and in the EU legal order, because they are both applicable in the same territory, in  ...  The author thanks Mr Tito Gallas, Head of the Section of the Lawyer-Linguists of the Council's Legal Service, for his assistance.  ... 
doi:10.14296/ac.v2005i58.1090 fatcat:g2d2p5mtpnfu7gvr7t4ih6qioy

Commercial Agency and the Duty to Act in Good Faith

Andrea Tosato
2016 Oxford Journal of Legal Studies  
relating to self-employed commercial agents (the 'Directive'), commercial agents have an obligation to act 'dutifully and in good faith' (the 'Obligation').  ...  For more information, please contact eprints@nottingham.ac.uk Commercial agency and the duty to act in good faith Abstract-Under Directive 86/653/EEC on the co-ordination of the laws of the Member States  ...  The Duty is recognised as normatively originating from the EU legal order, yet the principle of consistent interpretation is not considered.  ... 
doi:10.1093/ojls/gqv040 fatcat:7bfhlg6oq5ecxfqwp6m735kiu4

The perils of legally defining disinformation

Ronan Ó Fathaigh, Natali Helberger, Naomi Appelman
2021 Internet Policy Review  
The article discusses the perils of defining disinformation in EU legislation, and including provisions on online platforms being required to remove illegal content, which may end up being applicable to  ...  This article discusses the definitions that form the basis of EU disinformation policy, and analyses national legislation in EU member states applicable to the definitions of disinformation, in light of  ...  This also leaves ample room for EU member states to interpret these terms widely.  ... 
doi:10.14763/2021.4.1584 fatcat:ikxjzvdjavde5mbkcv3g5entlu

The Sui Generis Framework for Implementing the Law of EMU: A Constitutional Assessment

Merijn Chamon
2022 European Papers - A Journal on Law and Integration  
On the other hand, it is less clear whether the ECB is entitled to supplement legislation or whether in fact it can only implement legislation.  ...  The new type of power is not necessarily restricted to EMU law and can in principle be identified in other areas of EU law, showing the ramifications that the development of EMU law has on other areas  ...  As a result, in the EU Treaties there is now a distinction between those legal bases that refer to a legislative procedure and those which do not.  ... 
doi:10.15166/2499-8249/534 fatcat:w6l6dsv34bgqpffx4n6vqvc5xe

The DAta Protection REgulation COmpliance Model

Cesare Bartolini, Gabriele Lenzini, Livio Robaldo
2019 IEEE Security and Privacy  
This article describes a model of the GDPR that allows for a semiautomatic processing of legal text and the leveraging of state-of-the-art legal informatics approaches, which are useful for legal reasoning  ...  Understanding whether certain technical measures comply with the General Data Protection Regulation's (GDPR's) principles is complex legal work.  ...  Research Fund CORE project C16/IS/11333956 "DAPRECO: DAta Protection REgulation Compliance" and the European Union Horizon 2020 Marie Skłodowska-Curie project 690974 "MIREL: MIning and REasoning With Legal  ... 
doi:10.1109/msec.2019.2937756 fatcat:2lid7nlrbnb4xbwxt72xizx3lu

The Regulatory Consumer in EU and National Law? Case Study of the Normative Concept of the Consumer in Hungary and Poland

Kati Cseres
2016 Social Science Research Network  
The paper finds that while there are clear normative concepts of the consumer in the legislation and EU free movement jurisprudence, their application in other fields of EU consumer law, as well as in  ...  The specific questions the paper analyzes are: Do the existing normative notions of the 'average' consumer and the definition of consumers in EU and national law correspond to public policy discourse on  ...  normative concept of the consumer, and may considerably differ also in terms of the chosen legal provisions and their enforcement 16 .  ... 
doi:10.2139/ssrn.2914279 fatcat:2uzm2ww6nnec3huq25umkd5kmu
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