scholarly journals Sleeping Beauties in Case Law

2020 ◽  
Author(s):  
Pedro V. Hernandez Serrano ◽  
Kody Moodley ◽  
Gijs Van Dijck ◽  
Michel Dumontier
Keyword(s):  
Network Analysis ◽  
Quantitative Assessment ◽  
Case Law ◽  
Sleeping Beauty ◽  
Court Decisions ◽  
The European Union ◽  
Legal Research ◽  
Future Work ◽  
Answering Questions ◽  
B Coefficients

A challenge in computational legal research is the quantitative assessment of “relevance” in a network of court decisions. The term “sleeping beauty” (SB) was coined to denote an article that received almost no attention immediately after publication, but suddenly received multiple citations many years later. These publications can be identified by calculating their Beauty coefficient (B-coefficient). In this contribution, we apply approaches used for identifying SBs to decisions arising from the Court of Justice of the European Union (CJEU). We compared B-coefficients of CJEU cases with their centrality scores from classical algorithms from network analysis, finding that these measures tend to correlate. We discuss the implications of this that are interesting for legal scholars, acknowledging that future work is required to calibrate the scale of the time variable in the B-coefficient formula for finer-grained application to case law. Our study’s setup provides a foundation for new case law analytics methodologies that extends the power of traditional network analysis techniques for answering questions about the behavior of European courts.

scholarly journals Network Analysis and the Use of Precedent in the Case Law of the CJEU – A Reply to Derlén and Lindholm

2017 ◽  
Vol 18 (3) ◽  
pp. 687-694 ◽  
Author(s):  
Jens Frankenreiter
Keyword(s):  
Network Analysis ◽  
German Law ◽  
Case Law ◽  
The European Union ◽  
International Courts ◽  
Court Of Justice ◽  
The Social ◽  
Interesting Contribution ◽  
Citation Practice ◽  
Acceptable Method

During the last decades, social network analysis has been established as a key technique in a number of disciplines in social science. Its main promise is that it provides tools for researchers to take into account the social context of individual entities or actors. Legal scholars, by contrast, have only recently started to make use of these tools. Nowadays, one particularly prominent application is the use of network analysis to analyze the citation networks of different national and international courts. The contribution by Derlén and Lindholm published in this issue of theGerman Law Journalforms part of this trend. It is the latest in a series of papers studying citations in the case law of the Court of Justice of the European Union (CJEU). Unlike the authors' previous contributions, the paper specifically addresses the use of precedent by the CJEU and assesses the merits of criticism in the literature arguing that the citation practice of the CJEU lacks an acceptable method. The paper provides novel insights into the use of precedent by the CJEU and thus makes an interesting contribution to the emerging scholarship investigating the decision-making of the CJEU by means of quantitative analysis. At the same time, the design of the research raises severe doubts about whether the authors succeed in providing a conclusive response to the critics of the CJEU's citation practice.

scholarly journals The Recognition of Professional Qualifi cations in the European Union The Practice of Administration and European Courts – The Ski Instructor Example

2021 ◽  
Vol 25 (2) ◽  
pp. 93-115
Author(s):  
Stanisław Lipiec
Keyword(s):  
European Union ◽  
European Commission ◽  
Case Law ◽  
Recognition System ◽  
The European Union ◽  
Legal Research ◽  
Administrative Practices ◽  
Legislative Proposals ◽  
The Subject ◽  
Cation Recognition

The case of the English ski instructor Simon Butler working in France is the best example of the malfunctioning of the professional-qualifi cationsrecognition system in Europe. The practice of European and national administration as well as the jurisprudence of the CJEU and French courts shows how important and complex the subject of qualifi cation recognition is. A review of administrative practices and an analysis of case law show the positive and negative sides of the EU’s qualifi cation recognition system. The European Commission is carrying out numerous activities aimed at improving said system. The latest solutions make the idea of qualifi cation without borders a reality. The most important task is to examine the changes and legislative proposals of the European Union, analyse the case of Simon Butler and present proposals for changes against the background of activities undertaken throughout the Union. They should be realised through legal research methods and non-reactive social methods.

scholarly journals Online Publication of Court Decisions in Europe

2017 ◽  
Vol 17 (3) ◽  
pp. 136-145 ◽  
Author(s):  
Marc van Opijnen ◽  
Ginevra Peruginelli ◽  
Eleni Kefali ◽  
Monica Palmirani
Keyword(s):  
European Union ◽  
Comparative Study ◽  
Data Protection ◽  
Online Publication ◽  
Open Data ◽  
Case Law ◽  
The Internet ◽  
Court Decisions ◽  
The European Union ◽  
Policy Frameworks

AbstractAlthough nowadays most courts publish decisions on the internet, substantial differences exist between European countries regarding such publication. These differences not only pertain to the extent with which judgments are published and anonymised, but also to their metadata, searchability and reusability. This article, written by Marc van Opijnen, Ginevra Peruginelli, Eleni Kefali and Monica Palmirani, contains a synthesis of a comprehensive comparative study on the publication of court decisions within all Member States of the European Union. Specific attention is paid on the legal and policy frameworks governing case law publication, actual practices, data protection issues, Open Data policies as well as the state of play regarding the implementation of the European Case Law Identifier.

Children’s Rights in the European Court of Human Rights – An Emerging Power Structure

2016 ◽  
Vol 24 (3) ◽  
pp. 548-574
Author(s):  
Anette Faye Jacobsen
Keyword(s):  
Human Rights ◽  
Quantitative Assessment ◽  
Power Structure ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Research ◽  
European Court ◽  
European System

Legal research has shown mixed results regarding the application of a child-centred approach in judgments from the European Court of Human Rights. With an interdisciplinary perspective, however, a number of remarkable features become visible.This article explores case law from the European system with a blended methodology. First, a quantitative assessment of the Court’s judgments over the last decade reveals, surprisingly, that the child’s best interests doctrine has become widely used only recently, despite the principle being invoked as early as 1988. Secondly, an in-depth discourse analysis of selected landmark cases shows how the child-centred approach, in certain types of case, has gained status as the paramount consideration to the extent that it may sideline competing principles in the balancing exercise of adjudication. In the conclusion, the two types of enquiries, the statistical and the qualitative scrutiny of judgments, are combined to offer an assessment of the power of children’s rights alongside other interests in the European human rights machinery.

scholarly journals GENERAL DATA PROTECTION REGULATION (GDPR) DAN KEDAULATAN NEGARA NON-UNI EROPA

2019 ◽  
Vol 2 (2) ◽  
pp. 60
Author(s):  
Yohanes Hermanto Sirait
Keyword(s):  
European Union ◽  
International Law ◽  
Case Law ◽  
The European Union ◽  
Legal Research ◽  
General Data Protection Regulation ◽  
The World ◽  
Result Show ◽  
General Data ◽  
European Citizen

Generally, the GDPR applies to data processing activities conducted by organisations established in the European Union (EU). But in certain activities, GDPR may also apply outside EU according to extra-teritorial principle. This principle has correlation to concept of sovereignty in international law. This article aims to examine whether a state must abide to GDPR when the requirement fulfiled or should the states use their sovereignty as a basis to deny it. This article is normative legal research. It focus on case-law, statutes and other legal source as primary and subsidiary source. The analysis is deductive by reasoning from more general to more specific. The result show that extra-teritorial principle under GDPR is in accordance to international law. The practice is common in the world in order to protect the citizen and national interest from any threat from abroad. The chance of overlapping between this principles with state’s sovereignty is hardly to occur as the principle only works when the interest of European citizen violated.

Cases & Materials on Constitutional & Administrative Law

2017 ◽  
Author(s):  
Brian Thompson ◽  
Michael Gordon
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Administrative Law ◽  
Court Decisions ◽  
The European Union ◽  
Decision To Leave ◽  
Legal Principles ◽  
Law And Politics ◽  
Wide Range ◽  
Explanatory Text

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. Cases & Materials on Constitutional and Administrative Law is an invaluable resource. Extracts from the leading cases are combined with legal, political, and philosophical materials and linked together with explanatory text, alongside extensive notes and questions for discussion. The book takes a critical look at the main doctrines of constitutional law as well as the principles of administrative law, examining the operation of the constitution in relation to Parliament, the Executive, and the citizen. Incisive commentary throughout the text provides a range of views on challenging issues. The twelfth edition has been fully revised and updated to reflect the latest developments in legislation, case law, and politics, including the referendum decision to leave the European Union; continuing change to the devolution settlement; major Supreme Court decisions in HS2, Evans, Miller and Pham; and discussion of aspects of reforms of judicial review and tribunal appeal processes as well as proposed reform of ombudsmen. This text continues to provide instant access to an unrivalled collection of up-to-date judgments, statutory provisions, official publications, and other policy materials.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

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