3,282 research outputs found
The Jeffersonian Moment in EU Law: Constitutional Conflicts in the Context of Process-Oriented Federalism
No full textMaking the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union
No full textThis chapter examines the legislative and judicial dimensions of the digital rule of law in the EU and its current and future building. We argue that adjudication in EU law related to the digital rule of law is destined to grow as it is fostered by the new legislation in digitalisation and a proactive Court of Justice eager to interpret the rights enshrined under the Charter. The building of the digital rule of law takes the form of an increased reliance on the Charter in horizontal situations and an increasing application of the principle of proportionality before the courts, including a balancing of fundamental rights. In this chapter, we examine the reasons for this growth in EU litigation within the digital field and whether this constitutes a positive development for the protection of the rule of law in the EU, thus making the rule of law great again in a time of ‘rule-of-law anxiety’
Principled citizenship and the process of European constitutionalization: from a pie in the sky to a sky with diamonds
No full textNew Directions in Digitalisation: An Introduction
No full textThis chapter provides a brief overview of the aims of this book, how it is structured and the various chapters to be found therein. It summarises the main arguments made by the contributing experts, who come from both EU competition law as well fundamental rights backgrounds. It further provides an analysis of the new directions in digitalisation and their implications for future research
The 'Age of Discretion': Understanding the Scope and Limits of Discretion in EU Public Procurement Law
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Vision, essence and narratives of general principles and European private law : an introduction
No full textThe Digital Markets Act and the Principle of Ne Bis in Idem: A Revolution in the Enforcement of EU Competition Law?
No full textThis chapter discusses the development of the ne bis in idem principle and assesses whether its judicial interpretation and application in the last years can be said to constitute a revolution for the enforcement of EU competition law. The analysis is divided into pre- and post-DMA litigation, starting from the creation of the principle of ne bis in idem in the interaction between the CJEU and ECtHR case law until after the adoption of the DMA with particular focus on two recent Grand Chamber cases of the CJEU: bpost and Nordzucker. Our main argument is that the post-DMA case law constitutes a major shift in the application of the principle of ne bis in idem and will thus significantly contribute to the enforcement practices under the DMA in particular and EU competition law in general
Are there general principles of community law affecting private law?
Get PDFThe purpose of conference of the Swedish Network for European Legal Studies in Stockholm on March 22 and 23 was to detect and evaluate general principles of European community law. The conference was a follow up to the 1999 Malmö conference on the subject and the question was if there had been any new development. In 1999 general principles of Community law was discussed from the perspective of human rights and administrative law. This time the purpose was broadened and included consequences of the enlargement of the Union and if general principles were emerging, which could impact the sphere of private law. The discussion on general principles has primarily been driven by lawyers specialized in Constitutional and European law. The fact that this time “less experienced” (in the field!) private law lawyers and lawyers from new Member States participated, added new dimensions, perspectives and questions: What is a general principle, how does it develop and what impact does it have. This article argues that the question of general principles is not just a question of detecting important principles of Community law, but that the development signifies an ongoing convergence of interpretation of the law, which will harmonize understanding between civil and common law countries. First of all, the article will define the general principles in private law. Secondly, it will analyze the impact of the general principles on private law within the European Court of Justice (ECJ) case-law
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