Article 58 Powers

Author(s):  
Ludmila Georgieva ◽  
Matthias Schmidl

Article 4(21) (Definition of a supervisory authority); Article 36 (Advisory and other powers concerning prior consultation, national legislative measures and mandatory prior consultation or authorisation) (see too recital 94); Article 50 (Supervisory authorities to take steps to provide international mutual assistance in enforcement, including through investigative assistance) (see too recital 116); Article 52 (Exercise of powers with complete independence) (see too recital 117); Article 55 (Competence with regard to the exercise of powers, competence over public bodies) (see too recitals 122, 128 and 131); Article 57 (Tasks of supervisory authorities) (see too recitals 122, 123, 132 and 133); Articles 60(2) and 61 (Mutual assistance) (see too recital 133); Article 62 (Joint operations of supervisory authorities, including joint investigations and conferring of powers) (see too recitals 130 and 134); Article 90 (Possibility for Member States to adopt specific rules to set out supervisory authorities’ powers) (see too recital 164).

Author(s):  
Luca Tosoni

Article 4(16) (Definition of ‘main establishment’) (see too recital 36); Article 4(22) (Definition of ‘supervisory authority concerned’) (see also recital 36); Article 4(23) (Definition of ‘cross-border processing’); Article 4(24) (Definition of ‘relevant and reasoned objection’) (see too recital 124); Article 50 (International cooperation for the protection of personal data) (see too recitals 102 and 116); Article 55 (Competence of the supervisory authorities) (see too recitals 122 and 128); Article 56 (Competence of the lead supervisory authority) (see also recitals 124–128); Article 57(1)(g) (Supervisory authorities’ task to cooperate with other supervisory authorities) (see too recitals 123 and 133); Article 58 (Powers of supervisory authorities) (see too recitals 122 and 129); Article 61 (Mutual assistance) (see too recitals 123 and 133); Article 62 (Joint operations of supervisory authorities) (see too recital 134); Article 63 (Consistency mechanism) (see too recitals 13, 136 and 138); Article 64 (Opinion of the Board) (see also recitals 135–136); Article 65 (Dispute resolution by the Board) (see too recitals 136 and 143); and Article 66 (Urgency procedure) (see too recitals 137–138).


Author(s):  
Peter Blume

Article 50 (International cooperation for the protection of personal data); Article 56 (Competence of lead supervisory authority) (see too recitals 124–128); Article 57(1)(g) (Tasks of supervisory authorities); Article 60 (Cooperation between lead supervisory authority and supervisory authorities concerned) (see too recitals 130–31); Article 61 (Mutual assistance) (see too recitals 123 and 133).


Author(s):  
Peter Blume

Article 50 (International cooperation) (see too recital 116); Article 51(2) (Obligation of supervisory authorities to cooperate to ensure consistency) (see too recital 124); Article 56 (Competence of lead supervisory authority) (see too recitals 124–128); Article 57(1)(g) (Tasks of supervisory authorities); Article 60 (Cooperation between lead supervisory authority and supervisory authorities concerned) (see too recitals 130–31); Article 62 (Joint operations of DPAs) (see too recital 134); Article 64(2) (Opinion of the Board in case of non-compliance with Articles 61 or 62) (see too recital 136).


Author(s):  
Ludmila Georgieva

Article 4(21)–(22) (Definitions, supervisory authority and supervisory authority concerned); Article 60 (Cooperation between the lead supervisory authority and the other supervisory authorities concerned); Article 61 (Mutual assistance) (see too recital 133); Article 62 (Joint operations of supervisory authorities) (see too recital 134); Article 63 (Consistency mechanism) (see too recital 135); Article 64 (Opinion of the Board), Article 65 (Dispute resolution by the Board) (see too recital 136); Article 70 (Tasks of the Board) (see too recital 136).


Author(s):  
Hielke Hijmans

Article 4(21) (Definition of a supervisory authority); Article 28(8) (Adoption of processors’ standard contractual clauses); Article 36(2) (Prior consultation) (see too recitals 84 and 94); Articles 40(1), (5) and 41(3) (Codes of conduct) (see too recital 98); Article 42(1), (5), (7) and 43(1) (Certification) (see too recital 100); Article 46(2)(d), (3) and (4) (Standard data protection clauses for data transfers) (see too recitals 108–109); Article 47 (Approval of binding corporate rules); Article 50 (International cooperation for the protection of personal data) (see too recitals 104 and 116); Article 58 (Powers) (see too recitals 129, 148 and 150); Article 59 (Activity reports); Article 60 (Cooperation between supervisory authorities); Article 61 (Mutual assistance between supervisory authorities); Article 62 (Joint operations of supervisory authorities); Article 70 (Tasks of the Board, including promotion of cooperation between supervisory authorities; contribution to activities of the Board); Article 77 (Complaint handling and investigations) (see too recital 141); Article 83 (Administrative fines) (see too recital 148).


Author(s):  
Luca Tosoni

Article 4(2) (Definition of ‘processing’); Article 56 (Competence of the lead supervisory authority); Article 62(2) (Joint operations of supervisory authorities); Article 63 (Consistency mechanism) (see too recital 135).


Author(s):  
Cédric Burton

Article 4(12) (Definition of a personal data breach); Article 23(1) (Restriction of communication obligation by EU Member States) (see too recital 73); Article 28(3)(f) (Processor); Article 32 (Security of processing); Article 33 (Notification of a breach to the supervisory authority) (see too recital 85); Article 70(1)(g)(h) (Tasks of the Board); Article 83(4)(a) (Fines for infringement of Article 34).


Author(s):  
Thomas Zerdick

The establishment of supervisory authorities in Member States, empowered to perform their tasks and exercise their powers with complete independence, is an essential component of the protection of natural persons with regard to the processing of their personal data. Member States should be able to establish more than one supervisory authority, to reflect their constitutional, organisational and administrative structure.


Author(s):  
Natalia Popova

The concept of Europeanization has become quite fashionable in EU studies in recent years. It is often used for the analysis of the relations between the EU and non-member states. The aim of the article is to examine the possibilities of its application in explaining the relationship between the EU and Ukraine. The structure of the article is as follows: firstly, the concept of Europeanization is defined considering such two disputable issues as distinguishing among concepts of Europeanization and European integration as well as Europeanization and EU-ization. Next, the evolution of the theoretical research of Europeanization and definition of this concept are analyzed. Two main mechanisms of Europeanization (conditionality and socialization) are examined. The author considers main approaches to the analysis of the "external" Europeanization emphasizing the concept of "external governance". Three groups of factors which influence the effectiveness of Europeanization are briefly analyzed. And finally, the peculiarities of application of the Europeanization concept to the Ukraine-EU relations are outlined. Keywords: EU, Ukraine, Europeanization, EU-ization, ‘external’ Europeanization, conditionality, socialization, concept of ‘external governance’


2021 ◽  
Vol 19 (3) ◽  
pp. 143-175
Author(s):  
Aleksandra Kuczyńska-Zonik ◽  
Peteris F. Timofejevs

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.


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