Article 9—Cross-border Uses

This chapter examines Article 9 of Directive 2019/790, the copyright directive in Europe. It discusses licences that allow the use of out-of-commerce works or other subject matter by cultural heritage institutions in any Member State. It also clarifies the uses of works and other subject matter that are deemed to occur solely in the Member State where the cultural heritage institution undertaking that use is established. The chapter cites cultural heritage institutions that benefit from a clear framework for the digitisation and dissemination of works or other subject matter that are out-of-commerce for the purposes of Directive 2019/790. It describes characteristics of the collections of out-of-commerce works or other subject matter involved in mass digitisation projects, wherein obtaining the prior authorisation of the individual rightholders can be very difficult.

EU Law and the Discretion of Private National Decision-Makers in Light of the Court's Judgement in Case C-22/18 TopFit and Biffi

This contribution aims to introduce the reader to a judgement from the Court of Justice which seems to broaden the scope of application of EU free movement rules to private regulatory bodies in two ways. One the one hand, this judgment expands our understanding of what type of private regulation can fall within this scope. On the other hand, it shows that EU law requires a private prior authorisation scheme to be infused with the same objectivity safeguards as those that have been required for public ones.

Congress, public opinion, and an informal constraint on the commander-in-chief

US presidents have routinely ordered the use of force without seeking prior authorisation from Congress. However, this practice does not mean that the legislature is irrelevant, as Congress often influences decisions by exercising informal political levers. One of the most important is through Congress’ ability to affect popular support for the commander-in-chief. Through a pair of experiments embedded on nationally representative opinion surveys, this article evaluates whether Congress’ constitutional prerogatives in war powers remain relevant when battling the president in the public sphere. Policy criticism significantly decreased support for the use of force, as did challenges to administration actions on constitutional grounds. Although Congress routinely fails to use the constitutional tools at its disposal to check the commander-in-chief, these powers bolster Congress’ capacity to influence public opinion. Hence, while presidents enjoy considerable leeway in the military arena, Congress’ capacity to erode public support can serve as a check on presidential power.

Legal and organisational innovation in the Italian pharmacy system: commercial vs public interest

Pharmacy services are undoubtedly an important part of primary care. Pharmacists are entrepreneurs and simultaneously they are entrusted with a public mission in the health care sector. Pharmacies then reflect a contrast between a commercial/economic objective and public interest, which is to be identified with citizens’ universal right to health care services. This is the reason why in Italy, as in many other EU countries, pharmacies supply their services according to a prior authorisation granted by public authorities. In common with many EU countries, this authorisation is secured according to a demographic criterion. It is only by means of these licensed pharmacies that citizens can buy drugs under medical prescription. Accordingly, the health system is to be driven by public interest, which has yet to prove how competing interests may be regulated in serving health needs. In the light of EU law, the article advocates for an innovative legal and organisational tool whereby to organise the Italian pharmacy system in order to combine economic consideration and public benefit.

Mutual Legal Assistance & Other Mechanisms for Accessing Extraterritorially Located Data

This article discusses the role of Mutual Legal Assistance (MLA) and other established mechanisms of international cooperation in the fight against cyber crime. The analysis is limited to mechanisms facilitating access to extraterritorially located data. After a brief account on the legal prerequisites of successful fight against cyber crime, the article proceeds to exploring both traditional as well as alternative cooperation mechanisms for transborder data access. Given the realistic assessment that the amount of digital evidence to be accessed extraterritorially will only increase with time, the article focuses on the difficulties in accessing data under the current MLA procedures. The article reiterates that States are in need for more time-effective measures for transborder data access. Unless the identified inefficiencies pertaining to MLA are addressed, the traditional focus on territoriality, and assuming the other State being the primary counterpart for carrying out investigative measures requiring transborder access to evidence, will continue to gradually shift to more operational mechanisms that do not necessarily require the prior authorisation of the State where the data is located.

Implementation of the Patients’ Rights in Cross-border Healthcare Directive in Latvia

Latvia, being one of the eu Member States, has an obligation to implement the rules stated by the Directive 2011/24/eu on Patients’ Rights in Cross-border Healthcare (hereinafter — the Directive) before 25 October 2013 in existing national legislation and practice. Implementation was carried out under pressured circumstances. A National Contact Point has been established, information is provided for patients in Latvian and to some extent in English, the Medical Treatment Risk Fund will start operations to provide compensation for harm, and the restrictions and procedure for prior authorisation have been stated. The need to secure quality of care and patient safety and well as privacy protection are the most challenging tasks for Latvia. It can be concluded that some progress in patients’ rights can be achieved, but it is doubtful if patients’ mobility will be stimulated.