scholarly journals La inteligencia artificial y el cuerpo humano digital: a la búsqueda del habeas data.

2020 ◽  
Vol 6 (2) ◽  
pp. 200-224
Author(s):  
Simona Fanni
Keyword(s):  
European Union ◽  
Human Body ◽  
Data Privacy ◽  
The European Union ◽  
European Union Law ◽  
Major Work ◽  
The Moment ◽  
Definition Of ◽  
Digital Human ◽  
The Impact

The title of Günther Anders’ major work “The obsolescence of man” seems to capture the essence of the challenges that the impact of artificial intelligence on the human body poses for jurists, namely, the definition of a modern Magna Charta for the digital human body, aimed at addressing the habeas data. Privacy, informational self-determination and identity need to be properly protected in the digital era. UNESCO, the European Union and the Council of Europe are developing important responses at the moment, and they can also rely on some interesting legal tools that can be found in their respective frameworks, which can be used for dealing with the challenges under consideration. In this respect, the purpose of the present study is to analyse the current and future legal scenario under international law and European Union law, both de iure condito and de iure condendo, in search of the habeas data.

scholarly journals Determining the moment and form of concluding a passenger transport contract based on the judgment of the Court of Justice of the European Union in joined cases C-349/18 to C-351/18

2020 ◽  
pp. 23-26
Author(s):  
Karol Lange
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Passenger Transport ◽  
Railway Transport ◽  
European Union Law ◽  
Legal Norms ◽  
Railway Systems ◽  
Court Of Justice ◽  
The Moment

The article focuses on discussing the norms of Polish transport law and European Union regulations on the correctly defined of the moment and form of concluding a contract of passengers transport in railway systems. The article also describes the problem of discourse between the content of these legal norms and the jurisprudence practice and doctrine opinion. Moreover, was performed to present a comparative analysis of the relation of the Court of justice of the European Union judgment to the norms of Polish and European law and the case law. Commented on the practices of carriers in regulating the said matter. Internal law acts applicable to the means of transport of Polish railway companies were also analyzed. Keywords: Transport law; Contract of passenger transport; European Union law; Railway transport

E pluribus unum? Language diversity and the harmonization of company law in the European Union

2019 ◽  
Vol 26 (5) ◽  
pp. 669-690
Author(s):  
Federico M Mucciarelli
Keyword(s):  
European Union ◽  
Case Studies ◽  
Company Law ◽  
Language Diversity ◽  
The European Union ◽  
Freedom Of Establishment ◽  
First Case ◽  
Definition Of ◽  
The Impact

This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars’ and courts’ conception of the definition of ‘merger’ varies according to own domestic doctrinal structures. The second case study is related to the notion of ‘registered office’, which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses terminological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.

Unregulated Algorithmic Trading: Testing the Boundaries of the European Union Algorithmic Trading Regime

2020 ◽  
Vol 6 (2) ◽  
pp. 270-305
Author(s):  
Clara Martins Pereira
Keyword(s):  
European Union ◽  
Equity Markets ◽  
Algorithmic Trading ◽  
Market Quality ◽  
Financial Instruments ◽  
The European Union ◽  
New Type ◽  
Definition Of ◽  
The Impact ◽  
Trading Regime

Abstract Trading in modern equity markets has come to be dominated by machines and algorithms. However, there is significant concern over the impact of algorithmic trading on market quality and a number of jurisdictions have moved to address the risks associated with this new type of trading. The European Union has been no exception to this trend. This article argues that while the European Union algorithmic trading regime is often perceived as a tough response to the challenges inherent in machine trading, it has one crucial shortcoming: it does not regulate the simpler, basic execution algorithms used in automated order routers. Yet the same risk generally associated with algorithmic trading activity also arises, in particular, from the use of these basic execution algorithms—as was made evident by the trading glitch that led to the fall of United States securities trader Knight Capital in 2012. Indeed, such risk could even be amplified by the lack of sophistication of these simpler execution algorithms. It is thus proposed that the European Union should amend the objective scope of its algorithmic trading regime by expanding the definition of algorithmic trading under the Markets in Financial Instruments Directive (MiFID II) to include all execution algorithms, regardless of their complexity.

scholarly journals Atliekų sąvoka: probleminiai aspektai

Teisė ◽  
2009 ◽  
Vol 72 ◽  
pp. 176-197
Author(s):  
M Artynas Vasiliauskas
Keyword(s):  
European Union ◽  
Legal Definition ◽  
Legal Translation ◽  
Per Se ◽  
The Moment ◽  
Definition Of ◽  
The Impact

Straipsnyje analizuojami pagrindiniai probleminiai aspektai, susiję su galiojančiuose teisės aktuose įtvirtinta atliekų sąvoka. Daugiausia dėmesio sutelkta į sąvokos vertimo netikslumus ir į tai, kokią įtaką šie netikslumai turi teisės teoretikams ir praktikams taikant atliekų sąvoką. Autorius analizuoja keturis Europos Sąjungos teisės aktus, kuriuose pateikiama atliekų sąvoka. Šiuose teisės aktuose lietuvių kal­ba atliekų sąvoka yra pateikiama vis kitaip, nors kitomis kalbomis minėta sąvoka iš esmės nekinta. Be to, straipsnyje ieškoma geriausio termino pagrindiniam atliekų sąvokos elementui, t. y. momentui, nuo kurio daiktai ar medžiagos tampa atliekomis, apibūdinti, nes visuose analizuojamuose dokumentuose pateikiami skirtingi šį elementą apibūdinantys terminai. Taip pat aptariama kol kas negausi Lietuvos teismų praktika, aiškinant atliekų sąvoką ir atskleidžiami sunkumai, su kuriais teismai gali susidurti, tai­kydami netikslią atliekų sąvoką. Straipsnyje siūloma atliekų sąvoka, atitinkanti analizuotuose Europos Sąjungos dokumentuose kitomis kalbomis pateiktą sąvoką. The article discusses some problematic aspects of the legal definition of waste. The article is focused on the irregularities of the legal translation of this definition into Lithuanian and on the impact of these irregularities to legal scientists and lawyers. Four European Union legal acts, which define waste, are analysed. In each of these legal acts (Lithuanian translation) the definition of waste is different, despite the fact that the definition of waste per se practically does not change. Furthermore, the search for the best term defining the principle element of the definition of waste, i.e. for the moment when a material or an object become waste, is conducted. This search is determined by the fact that in each of the analysed legal acts in Lithuanian this moment is defined differently, however, this term does not change in the legal acts in other languages. The article also discusses Lithuanian courts’ cases (they are still not great in number) which explain the legal definition of waste and enumerates the difficulties that the courts may encounter in applying the legal definition of waste. The definition of waste which corresponds to the sense of the analysed legal acts is proposed.

Can public access to documents support the transparency of automated decision-making? The European Union law perspective

2020 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making ◽  
The Impact

ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right to access documents in European Union (EU) law. It is focused on contrasting and comparing the approach based on the right to access public documents developed by the Court of Justice of European Union (CJEU) with the approach to the right to access public information as interpreted by the European Court of Human Rights (ECtHR). The analysis shows discrepancies in the perspectives presented by these Courts which result in a limited scope of the right to access public documents in EU law. Pointing out these differences may provide a motivation to clarify the meaning of the right to access information in EU law, the CJEU’s approach remaining as for now incoherent. The article presents the arguments for and ways of bringing together the approaches of the CJEU and the ECtHR in the light of a decreasing level of transparency resulting from the use of ADM in the public sector. It shows that in order to ensure compliance with EU law, it is necessary to rethink the role which the right to access information plays in the human rights catalogue.

scholarly journals Migrations in Europe: Fears due to the enlargement of the EU to the East

Stanovnistvo ◽  
2003 ◽  
Vol 41 (1-4) ◽  
pp. 131-145
Author(s):  
Mirjana Morokvasic
Keyword(s):  
European Union ◽  
Migration Policy ◽  
Buffer Zone ◽  
The European Union ◽  
Eastern Border ◽  
Eastern European Countries ◽  
The Moment ◽  
Restrictive Measures ◽  
The Impact ◽  
The Eu

The European Union is confronted with the biggest enlargement in its history: ten states, among them eight middle European - the so called "buffer zone" in the new European migration landscape - will become members in 2004. Other candidates hope to join in the coming years. For all Eastern and Eastern European countries, including those that are not candidates, the end of the bi-polar world meant a hope of "return to Europe". When shifting its borders to the East, the European Union both includes and excludes. The final objective to achieve Europe as "a space of freedom, security and justice", is conditioned by the capacity and necessity to control the migratory flows. The prospect of free circulation for the citizens of the new Union members entails also fears: the EU countries are afraid of the consequences the enlargement would have on migratory flows from the countries of the Central and Eastern Europe and which transit through that area. The perception of migrants as a threat inspired the conditions that the Union imposed on the candidate countries concerning migration policy issues and which mostly focus on the protection of its Eastern borders. For the future Union members however, protecting of the thousand of kilometers of their Eastern border, implies a number of quite different problems. These countries are afraid of the impact the restrictive measures they are obliged to implement would have both on many economic and family ties which have been maintained since the socialist period and on more recently engaged cooperation with the neighbours which are not candidates. The challenge of enlargement is different therefore for the EU members, for the candidate countries and for those who are for the moment excluded from the process. The fears do not seem to be always grounded. Thus, the impact of enlargement which, it was feared, could have been so destabilizing for the Union because of potentially large migration flows, is more likely to be destabilizing for the new candidate countries, especially concerning their relations with their neighbours excluded from the enlargement process.

scholarly journals Budget Planning in the Republic of Lithuania under the Influence of European Union Law

2019 ◽  
pp. 567-576
Author(s):  
Bronius Sudavičius
Keyword(s):  
European Union ◽  
Planning Process ◽  
Legal Regulation ◽  
Stability And Growth Pact ◽  
The European Union ◽  
European Union Law ◽  
Budget Planning ◽  
Growth Pact ◽  
The Republic ◽  
The Impact

The article deals with the problem of the impact of the European Union law on budget planning legal regulation in the Republic of Lithuania after accession to the European Union in 2004. Such questions, as harmonisation of annual and medium-term budget planning , changes in the budget planning process, the requirements of stability and growth pact and their implementation in the national law are analysed in the article.

Legal aspects of airport slot allocation: a challenge for the European Union

2020 ◽  
Vol 130 ◽  
pp. 19-27
Author(s):  
Michał Lutek
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Aspects ◽  
The European Union ◽  
Slot Allocation ◽  
European Union Law ◽  
Commercial Aviation ◽  
Contemporary Reality ◽  
The Impact ◽  
Air Carriers

With the increase in the number of operations performed at airports in European Union countries, the problem of allocation of airport slots is becoming more apparent. Legal regulations in this respect were adopted over two decades ago, which means that they are not suitable for the contemporary reality of commercial aviation, which has undergone a huge change during the indicated period. This article aims to analyze the current legal framework for the allocation of slots at the level of international law, with particular emphasis on the European Union law. The main reasons affecting the urgent need to amend the provisions in the presented scope will be discussed. These issues include, for example, the problem of slot trading between air carriers. Also, the impact of the EU response to COVID-19 epidemic on the air carrier’s situation in relation to slots will be outlined. Selected examples illustrating difficulties in applying EU rules will also be analyzed in detail. The summary will be followed by an indication of key de lege ferenda postulates in the discussed area.

scholarly journals FREE MOVEMENT OF PEOPLE IN THE EUROPEAN UNION AND RECOGNITION OF SAME-SEX MARRIAGES ON THE EXAMPLE OF POLAND, IRELAND AND FRANCE

2021 ◽  
pp. 29-37
Author(s):  
Karolina BICZ
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Same Sex ◽  
European Union Law ◽  
Member States ◽  
European Court ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Impact

The article presents the issue of the free movement of persons in the European Union in the field of same-sex marriage rights, taking into account comparative elements. The research presents provisions of the European Union, as well as internal regulations in force in France, Ireland and Poland. The article discusses the approach to the analysed issue at the level of EU regulations and internal regulations of the examined Member States. Moreover, the interaction between EU and national regulations is an important research point. Besides the article shows case variants concerning the recognition of same-sex relationships due to the legal and ideological conditions in the analysed countries Also, the article analyses the impact and importance of the Court of Justice of the European Union and the European Court of Human Rights for the studied topic. In addition, the study takes into consideration the impact of constitutional provisions on the legalization of homosexual couples in the analysed countries. The article is divided into parts covering the following issues: free movement of persons in the European Union, the right to family reunification of European Union citizens, relations between European Union law and the internal law of the Member States, recognition of same-sex marriages in France, Ireland and Poland, and summary. The opinions of A. Tryfonidou, H. Verschueren, P. Tulea and M. Bell were included in the study due to their importance to the research are.

scholarly journals Multilingualism as the Constitutional Principle of the Equality of Languages in European Union Law

2020 ◽  
Vol 11 ◽  
pp. 187-205
Author(s):  
Ewa Waśniewska
Keyword(s):  
European Union ◽  
European Community ◽  
Official Language ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
International Scale ◽  
Constitutional Principle ◽  
Official Languages ◽  
The Impact

Multilingualism is a constitutional principle of European Union law. This principle is manifested in the recognition of the equality of all the official languages and Member States. At the beginning of the 1950s, the European Community addressed linguistic equality issues by providing multilingualism protocols and Regulation 1/58. Access for citizens to legislation in every official language of the European Union is a phenomenon on an international scale. The institutions of the European Union establish their own language regimes and apply various practices adapted to the specifics of the functions they perform. The purpose of this article is to analyze and assess the impact of multilingualism as a constitutional principle of European Law.

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