Hasil untuk "Law of Europe"

Sandra Wachter, B. Mittelstadt

Big Data analytics and artificial intelligence (AI) draw non-intuitive and unverifiable inferences and predictions about the behaviors, preferences, and private lives of individuals. These inferences draw on highly diverse and feature-rich data of unpredictable value, and create new opportunities for discriminatory, biased, and invasive decision-making. Concerns about algorithmic accountability are often actually concerns about the way in which these technologies draw privacy invasive and non-verifiable inferences about us that we cannot predict, understand, or refute.Data protection law is meant to protect people’s privacy, identity, reputation, and autonomy, but is currently failing to protect data subjects from the novel risks of inferential analytics. The broad concept of personal data in Europe could be interpreted to include inferences, predictions, and assumptions that refer to or impact on an individual. If seen as personal data, individuals are granted numerous rights under data protection law. However, the legal status of inferences is heavily disputed in legal scholarship, and marked by inconsistencies and contradictions within and between the views of the Article 29 Working Party and the European Court of Justice.As we show in this paper, individuals are granted little control and oversight over how their personal data is used to draw inferences about them. Compared to other types of personal data, inferences are effectively ‘economy class’ personal data in the General Data Protection Regulation (GDPR). Data subjects’ rights to know about (Art 13-15), rectify (Art 16), delete (Art 17), object to (Art 21), or port (Art 20) personal data are significantly curtailed when it comes to inferences, often requiring a greater balance with controller’s interests (e.g. trade secrets, intellectual property) than would otherwise be the case. Similarly, the GDPR provides insufficient protection against sensitive inferences (Art 9) or remedies to challenge inferences or important decisions based on them (Art 22(3)).This situation is not accidental. In standing jurisprudence the European Court of Justice (ECJ; Bavarian Lager, YS. and M. and S., and Nowak) and the Advocate General (AG; YS. and M. and S. and Nowak) have consistently restricted the remit of data protection law to assessing the legitimacy of input personal data undergoing processing, and to rectify, block, or erase it. Critically, the ECJ has likewise made clear that data protection law is not intended to ensure the accuracy of decisions and decision-making processes involving personal data, or to make these processes fully transparent.Conflict looms on the horizon in Europe that will further weaken the protection afforded to data subjects against inferences. Current policy proposals addressing privacy protection (the ePrivacy Regulation and the EU Digital Content Directive) fail to close the GDPR’s accountability gaps concerning inferences. At the same time, the GDPR and Europe’s new Copyright Directive aim to facilitate data mining, knowledge discovery, and Big Data analytics by limiting data subjects’ rights over personal data. And lastly, the new Trades Secrets Directive provides extensive protection of commercial interests attached to the outputs of these processes (e.g. models, algorithms and inferences).In this paper we argue that a new data protection right, the ‘right to reasonable inferences’, is needed to help close the accountability gap currently posed ‘high risk inferences’ , meaning inferences that are privacy invasive or reputation damaging and have low verifiability in the sense of being predictive or opinion-based. In cases where algorithms draw ‘high risk inferences’ about individuals, this right would require ex-ante justification to be given by the data controller to establish whether an inference is reasonable. This disclosure would address (1) why certain data is a relevant basis to draw inferences; (2) why these inferences are relevant for the chosen processing purpose or type of automated decision; and (3) whether the data and methods used to draw the inferences are accurate and statistically reliable. The ex-ante justification is bolstered by an additional ex-post mechanism enabling unreasonable inferences to be challenged. A right to reasonable inferences must, however, be reconciled with EU jurisprudence and counterbalanced with IP and trade secrets law as well as freedom of expression and Article 16 of the EU Charter of Fundamental Rights: the freedom to conduct a business.

R. Kelemen

Antonio Aloisi

Several years since first emerging in Europe, platform work continues to represent a ‘social dilemma’ for workers, social partners, policymakers and society as a whole. As a result of intense litigation, analysis and reporting, much is known about the contractual and working conditions in this growing labour market segment. While the European Union (EU) institutions are considering adopting a new Directive based on Art. 153 TFEU, there are a number of significant top-down and bottom-up national cases worth discussing. Workers across Europe have been reclassified by many courts; some governments have taken regulatory initiatives to address the risk of precariousness and have implemented new comprehensive legal instruments to safeguard a level playing field for both workers and platforms. This article discusses how existing and new domestic and EU labour law provisions can improve the labour conditions of platform workers. Its overarching goal is to address possible policy gaps and the implications for EU social law by exploring the lessons that can be drawn from recent policies and legal developments. Section two briefly touches upon the policymaking initiatives in France, Spain and Italy. Moreover, it presents and reviews the main outcomes of litigation at the domestic level, focusing on the pervasive role played by algorithmic management. After introducing the Pillar of Social Rights (EPSR), section three critically analyses two key achievements at the EU level: the Directive on transparent and predictable working conditions and the Recommendation on access to social protection for workers and the self-employed. Section four explores the elasticity of the triad of Directives that regulate atypical forms of employment (part-time, fixed-term and temporary agency work). It is argued that the narrow construction of the Directives’ scope of application could represent an obstacle. However, an adaptive and purposive approach by the Court of Justice of the European Union (CJEU) could result in the classification of platform workers as falling within the scope of the social acquis in certain fields. Finally, section five concludes by providing concrete policy proposals focussed on cross-border issues, algorithmic transparency, the introduction of a presumption of employment status and collective bargaining.

Cristina-Matilda VĂNOAGĂ

The present paper presents some of the latest Romanian legal provisions to support the European Green Deal objectives and the adoption of the "Fit for 55" package. Our paper presents some of the latest Romanian legislative initiatives and programs as part of the joint European effort to make Europe the first green continent. Thus, we briefly discuss The National Integrated Energy and Climate Change Plan 2021-2030, Emergency Ordinance 71/2021 on the promotion of non-polluting road transport vehicles, in support of low-emission mobility, Rabla Plus Program 2024, Emergency Ordinance 108/2022 regarding the decarbonisation of the energy sector, the proposed National Hydrogen Strategy and presents the modifications to the Law 220/ 2008.

S. Deva

Abstract Mandatory human rights due diligence (HRDD) laws in the European Union (EU) – both enacted and in the making – seem to be a promising tool to harden soft international standards in the business and human rights (BHR) field, the most prominent of these being the UN Guiding Principles on Business and Human Rights (UNGPs). This article develops a two-layered critique of mandatory HRDD laws. It problematizes the very concept of HRDD as articulated by the UNGPs. I will argue that due to various conceptual, operational and structural limitations, HRDD alone will not bring the desired changes for rightsholders, because this process does not address various asymmetries of power between corporations and affected communities. The second layer of critique concerns the content of mandatory HRDD laws enacted in France, the Netherlands, Switzerland, Norway and Germany. Assessing these laws vis-à-vis six preconditions required to protect effectively people and the planet from business-related harms, it is clear that these mandatory HRDD laws are half-hearted attempts to tame business-related human rights abuses and hold the relevant corporate actors accountable. In addition to developing more ambitious mandatory HRDD laws in future, states should employ a range of additional regulatory tools that pay greater attention to achieving outcomes, drawing red lines in certain situations, and promoting access to remedy and corporate accountability.

Muhamad Haris Aulawi, Yordan Gunawan, M. Hanaan Alfarizi et al.

Every nation has natural resources that must be regulated by state law and used for community benefit. Indonesia, a major exporter of bauxite ore to Europe, plans to ban exports. Indonesia must prepare for a second EU nickel ore export lawsuit after the first from the nickel export ban. The study aims to determine whether Indonesia is guilty of issuing a policy to stop exports of bauxite ore. This research is a normative legal research uses the rule of law, law principles, and legal doctrines to solve legal issues. Books, journals, and the internet provided data for the research. Articles from previous bilateral agreements are also used. This research examines Monism and Dualism.The results of the study show that Indonesia is not entirely at fault, considering that Indonesia is a country that adheres to a dualism system in international law enforcement. However, Indonesia still needs to renegotiate the percentage of bauxite ore exports with the European Union, considering that Indonesia is already bound by the IEU-CEPA agreement. If Indonesia continues its plan to stop the total export of bauxite ore, then Indonesia can still be considered to have committed acts of default.

Alla Tymofeyeva

The objective of this paper is to evaluate the law of the Council of Europe (CoE) regarding protection of the human rights of elderly in crisis situations using the examples of the armed conflict in Ukraine and COVID-19. Given this, the paper is divided into two main parts. The first part analyses the response of the Council of Europe bodies to the measures influencing the rights of elderly introduced by the governments of the CoE member states in relation to COVID-19. The second part is devoted to the specifics of the legal regulation of the human rights of the elderly during armed conflicts, applying the example of the war in Ukraine. The Conclusions focus on the comparison of the protection of older people in the two mentioned crisis situations, i.e. with regard to the war in Ukraine and in connection with COVID-19. The author is of opinion that the rights of older persons received more attention in times of the health crisis than during the armed conflict.

J. Vuković, D. Ivanković, C. Habl et al.

Background The General Data Protection Regulation is a regulation in EU law on data protection and privacy in the European Union. We aimed to provide an overview of the General Data Protection Regulation (GDPR) enablers and barriers to the secondary use of health data in Europe from the research we conducted in the Joint Action InfAct (Information for Action!) WP10 Assessing and piloting interoperability for public health policy, as well as to provide an example of a national-level case study on experiences with secondary use of health data and GDPR on an example of the Austrian COVID-19 data platform. Methods We have identified a number of European initiatives, projects and organizations that have dealt with cross-border health data sharing, linkage and management by desk research and we conducted 17 semi-structured in-depth interviews and analyzed the interview transcripts by framework analysis. Results GDPR was seen as an enabler to the secondary use of health data in Europe when it comes to user rights over their data, pre-existing laws regarding data privacy and data sharing, sharing anonymized statistics, developing new data analysis approaches, patients` trust towards dealing with their health data and transparency. GDPR was seen as a barrier to the secondary use of health data in Europe when it comes to identifiable and individual-level data, data sharing, time needed to complete the process, workload increase, differences with local legal legislations, different (and stricter) interpretations and access to data. Conclusion The results of our analysis show that GDPR acts as both an enabler and a barrier for the secondary use of health data in Europe. More research is needed to better understand the effects of GDPR on the secondary use of health data which can serve as a basis for future changes in the regulation.

M. Zieger

Abstract The fast evolution of genetic sequencing techniques led to new applications in forensic genetics, one of these being the prediction of the physical appearance of a possible perpetrator from biological traces found at the crime scene. Some European countries recently changed their legislations, to permit this technique, also known as Forensic DNA Phenotyping (FDP). The phenotypical traits that may be analyzed under those revised domestic laws are usually restricted to include no information about the suspect’s health. This article elaborates whether the European legal framework, as set by the Council of Europe and the European Union (EU), defines any boundaries for the analytical scope of FDP. After a brief introduction to FDP and a description of the type of data collected through predictive forensic genetics, this article discusses the relevant European legislation and the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) around privacy, data protection and the use of genetic data. The article attempts to define possible limits for forensic genetic analysis, by eventually trying to predict the jurisprudence of the two European courts.

Бранко Мораит

Прoф. др ДУШКO MEДИЋ је рoђeн 1953. гoдинe у Бaњoj Луци. Нa Прaвнoм фaкултeту у Бaњoj Луци је диплoмирao 1977. гoдинe и мaгистрирao фeбруaрa 2002. Дoктoрирao je у Нoвoм Сaду дeцeмбрa 2004. гoдинe. Судску кaриjeру je грaдиo oд припрaвничкoг стaжa у Oснoвнoм суду у Бaњој Луци, дo судије Уставног суда Републике Српске. Раније је обављао и дужност зaмjeника рeпубличкoг jaвнoг тужиoцa Рeпубликe Српскe.

Мирјана Богуновић

Мандат као двострано неједнако обавезујући контракт одступа од правила синалагматичности у групи консензуалних контраката . Управо доводећи у везу чињенице да је мандат двострано неједнако обавезујући уговор (contractus bilateralis inaequalis) и да припада групи консензуалних контраката, поставља се врло једноставно питање о поријеклу тог института. Да ли је постојао институт сличан институту мандата у цивилном праву који су римски правници адаптирали и по угледу на карактеристике тог института створили институт који ће бити доступан и странцима и регулисан начелима добре вјере, а задржати бесплатност као суштинско одређење правне природе контракта јер води поријекло из пријатељства и дужности? Вјеродостојан одговор на ово питање се може дати само уколико романистика дође до нових извора који ће потврдити већ постојеће хипотезе које су формиране кроз бројне теорије о поријеклу мандата .

Michèle Finck

In Blockchain Regulation and Governance in Europe, Michele Finck examines the relationship between blockchain technology and EU law and introduces the theme of blockchain governance. The book provides a general introduction to blockchains as both a regulatable and a regulatory technology and outlines the interaction between distributed ledger technology and specific areas of EU law, such as the General Data Protection Regulation. It should be read by anyone interested in EU law, the relationship between law, innovation and technology, and technology governance.

Claire Robinson, C. Portier, Aleksandra Čavoški et al.

The regulation of pesticides in the European Union (EU) relies on a network of hard law (legislation and implementing acts) and soft law (non-legally binding guidance documents and administrative and scientific practices). Both hard and soft laws govern how risk assessments are conducted, but a significant role is left to the latter. Europe’s pesticide regulation is one of the most stringent in the world. Its stated objectives are to ensure an independent, objective and transparent assessment of pesticides and achieve a high level of protection for health and environment. However, a growing body of evidence shows that pesticides that have passed through this process and are authorised for use may harm humans, animals and the environment. The authors of the current paper – experts in toxicology, law and policy – identified shortcomings in the authorisation process, focusing on the EU assessment of the pesticide active substance glyphosate. The shortcomings mostly consist of failures to implement the hard or soft laws. But in some instances the law itself is responsible, as some provisions can only fail to achieve its objectives. Ways to improve the system are proposed, requiring changes in hard and soft laws as well as in administrative and scientific practices.

Kai-Ruei Yang, Ming-Fong Tsai, Chwen-Jen Shieh et al.

Chondroitin sulfate (ChS) is usually used as an oral nutraceutical supplement, and has been popular in Asia, Europe, and United States for many years. In this study, a potential and sustainable source of ChS from jumbo squid (<i>Dosidicus gigas</i>) cartilage was explored; ultrasound-assisted extraction (UAE) was used to extract ChS from jumbo squid cartilage. The result of mass transfer coefficients based on Fick’s law showed that UAE had higher mass transfer efficacy. The response surface methodology (RSM) combined with Box–Behnken design (BBD) was employed to evaluate the effects of the extraction parameters. The optimal conditions were extraction temperature of 52 °C, extraction time of 46 min, and NaOH concentration of 4.15%. The crude extract was precipitated by 50% ethanol, which obtained a purified ChS with 23.7% yield and 82.3% purity. The purified ChS measured by energy-dispersive X-ray spectroscopy (EDX) had a carbon to sulfur molar ratio of approximately 14:1. The FTIR, ¹H, and ¹³C NMR confirmed jumbo squid ChS were present in the form of chondroitin-4-sulfate and chondroitin-6-sulfate, with a 4S/6S ratio of 1.62. The results of this study provide an efficient process for production and purification of ChS, and are significant for the development and utilization of ChS from jumbo squid cartilage in the nutrient food or pharmaceutical industries.

B. Bugarič

The article offers an analysis of the particular type of populism that has evolved in Eastern and Central Europe, most notably in Hungary and Poland. The new populism in ECE differs from other populisms because it combines the elements of populism, ethnonationalism, and authoritarianism. Adhering to a similar script, which consists of sustained attacks on rule of law institutions, civil rights and freedoms, the media, and electoral rules, both populist governments in a relatively short period of time dismantled almost all the key cornerstones of democracy in Hungary and Poland. The current surge of populism in ECE demonstrates that constitutional democracy is in great danger when its core principles no longer enjoy wide democratic support. Paradoxically, constitutional democracy can play its “counter-majoritarian” role only when a majority of the people believe that it is the only game in town. Ultimately, democratic political parties and social movements with credible political ideas and programs offer the best hope for the survival of constitutional democracy. The role of law and constitutional checks and balances is less of an essential bulwark against democratic backsliding than is traditionally presumed in the legal literature.

Nikolay Koposov

Andonović Stefan N.

Information-communication technologies are one of the basic characteristics of modern society. The great needs of the today's economy and society for better and efficient products and services have caused continuous development of the technological sector. In that manner, artificial intelligence is one of the most significant phenomena in this sector. Artificial intelligence could be described as possibility of computer programs to replace human intelligence and work in many activities. The use of an artificial intelligence system has provided many benefits to people who no longer have to go to a bank or a store, can organize meetings online and conduct conversations digitally, etc. However, new technologies also carry many risks to rights and freedoms, such as the right to privacy, the right to protection of personal data, the right to liberty, etc. Having in mind the importance of artificial intelligence for modern society and future generations, the author has analysed the normative framework of artificial intelligence. The primary focus of the research is on the regulation of artificial intelligence in comparative law. For that purpose, the author used the strategic documents of the EU, USA and Peoples Republic of China, as a leader in the fields of artificial intelligence. The aim of this paper is to point out the importance of future research on artificial intelligence in various legal fields, which will inevitably meet new technological phenomena.

I. Law, N. Zakharov

Michał Uruszczak

Zamek w Łańcucie – ogniwo systemu obrony południowo-wschodnich granic Polski w XVI i XVII wieku

Thomas Ma