scholarly journals Online data processing consent under EU law: a theoretical framework and empirical evidence from the UK

2013 ◽  
Vol 21 (2) ◽  
pp. 109-153 ◽  
Author(s):  
M. Borghi ◽  
F. Ferretti ◽  
S. Karapapa
1995 ◽  
Vol 27 (12) ◽  
pp. 1961-1975 ◽  
Author(s):  
I R Gordon ◽  
I Molho

In this paper a new theoretical framework and supporting empirical evidence on the relationship between movement probabilities and length of stay are presented. Individuals' evaluations of the relative value of alternative locations are assumed to evolve stochastically, with a possible tendency either to cumulative inertia or to cumulative stress. In general this yields a nonmonotonic duration function, with probabilities of movement starting at zero, rising and then falling—a pattern consistent with either cumulative tendency, or neither. A version of the model fitted to data on household movement intentions, from the UK General Household Survey, confirms the hypothesised form of this function and indicates a dominance of cumulative stress over cumulative inertia.


2011 ◽  
Vol 13 (1) ◽  
Author(s):  
David Downing

The release of genetically modified organisms into the environment and food chain in the UK has produced one of the most visible and enduring controversies of recent times. Amid ongoing claim and counter-claim by actors on either side of the GM ‘debate’ over the salient ‘facts’ or balance of risks and benefits associated with the technology, this controversy can be fruitfully seen as a struggle between contested networks of knowledge. Drawing on ethnographic data collected during recent PhD fieldwork, I focus on those, loosely defined as members of ‘local food networks’ in SW England, who perceive their values and cultural projects to be at risk from the deployment of this technology. In scrutinizing how distinctly ‘oppositional’ knowledge is created, exchanged and transformed particularly in relation to the construction and maintenance of cultural and historical boundaries, I suggest that in this arena a key vehicle of knowledge transfer is the narrative or story. A successfully deployed narrative can resolve uncertainties, or equally, dissolve undesirable certainties. Knowledge transfer thus becomes a matter of rhetoric, of persuasion, whereby skilfully deployed narratives can be viewed as analogical networks of associations - enrolling culturally appropriate characters, values and concepts - to move the targeted audience in the desired manner. I argue that such transfers must be seen not only as exchanges of networks of knowledge but also of networks of ignorance, for as the ethnographic data reveals, when the stakes are perceived to be so high, ideological coherence often outweighs empirical evidence and logical consistency. This raises a critical dilemma for the ethnographer. What should he/she do when confronted in the field by exaggerated claims or misinformation?


2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.


De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Steliyana Zlateva ◽  
◽  
◽  

The Judgement of the United Kingdom’s Supreme Court in the long Micula v. Romania investment treaty dispute confirmed that the arbitral awards of the International Centre for Settlement of Investment Disputes (ICSID), rendered by tribunals established under intra-EU BITs, could be enforced in the UK. The Micula case concerns the interplay between the obligations under the ICSID Convention and EU law. In particular, it addresses the question of whether the award obtained by the Micula brothers against Romania constitutes state aid prohibited by EU law, as well as the enforcement obligations under the ICSID Convention in view of the EU duty of sincere cooperation.


2021 ◽  
Vol 20 (3) ◽  
pp. Christopher-Vajda
Author(s):  
Christopher Vajda

Following the expiry on 31 December 2020 of the ‘transition period’ under the UK/EU Withdrawal Agreement, the relationship between UK and EU law had changed. Whilst much EU legislation at that date will continue to apply in UK law as ‘retained EU law’ and judgments of the EU courts handed down before that date will remain binding on UK courts as ‘retained EU case law’, the Court of Appeal and Supreme Court can depart from that case law. Whilst EU court judgments handed down after that date are not binding on UK courts, they may be taken into account. This article considers both the status of EU retained case law and when the Supreme Court and Court of Appeal may depart from it, and the future of EU law that is not ‘retained EU case law’ and how judgments of the European Courts and national courts of its Member States may influence UK judges in the future.


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