Hasil untuk "Law of Europe"

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.

P. Bourdieu, Richard Terdman

Seun Solomon Bakare, Adekunle Oyeyemi Adeniyi, Chidiogo Uzoamaka Akpuokwe et al.

This Review provides an overview of the comparative review of data privacy laws and compliance, focusing on the European Union's General Data Protection Regulation (EU GDPR) and data protection regulations in the United States. The analysis explores key similarities and differences, emphasizing their implications for businesses and individuals. The EU GDPR, implemented in 2018, stands as a landmark regulation governing data protection and privacy for individuals within the European Union and the European Economic Area. In contrast, the United States lacks a comprehensive federal data privacy law. Instead, it relies on a patchwork of sector-specific laws and state regulations, such as the California Consumer Privacy Act (CCPA) and the Health Insurance Portability and Accountability Act (HIPAA).  One major distinction lies in the overarching principles of these regulations. The EU GDPR adopts a comprehensive and rights-based approach, emphasizing individual rights to privacy, data portability, and the "right to be forgotten." In contrast, the U.S. system often focuses on specific industries or types of data, leading to a more fragmented regulatory landscape. Both regulatory frameworks incorporate principles of transparency, consent, and data breach notification. However, differences in enforcement mechanisms and penalties exist. The EU GDPR imposes significant fines for non-compliance, reaching up to 4% of a company's global annual revenue. In the U.S., penalties vary by state, and enforcement is often reactive, triggered by data breaches. Businesses operating globally must navigate these distinct regulatory landscapes, necessitating a nuanced approach to data privacy compliance. Multinational corporations must adhere to the more stringent requirements when handling EU citizens' data while also considering the diverse regulations within the U.S. This review underscores the ongoing evolution of data privacy laws worldwide and the critical importance for organizations to stay abreast of these developments. It emphasizes the need for a proactive and adaptive approach to data privacy compliance, taking into account the unique requirements and expectations of both the EU GDPR and U.S. regulations. Keywords: Data Privacy, Laws, Compliance, EU GDPR, Regulations.

Jacob Kornbeck

Columbia Law School, Henry L. Moses Professor of Law and International Organization, May 2014 – present Director, European Legal Studies Center, July 2014 – present; Co-director, July 2012 – June 2014 Senior Scholar, Jerome A. Chazen Institute for Global Business, Columbia Business School, September 2016 – present. Professor of Law, July 2012 –May 2014 Justin W. D'Atri Visiting Assistant Professor of Law, Business, and Society, July-December 2011 Research and Teaching: European Union Law, International Trade Law, Comparative and International Antitrust Law, Regulation of the Digital Economy, International Law and Political Economy, International Economic Migration, EU Tech Regulation Harvard Law School, Henry L. Shattuck Visiting Professor, Spring 2022 University of Helsinki, Docent in Transnational European Law, September 2018present The University of Chicago Law School, Assistant Professor, July 2008 – June 2012

Oluwaseyi B. Ayeni, Oluwajuwon M. Omigbodun, Oluwakemi T. Onibalusi

Citizenship is not only a legal status but also a form of recognition. Every state defines who belongs by tracing lines of descent, yet the way ancestry is proven differs widely. This study compares nationality laws in Europe, Africa, and North America to show how evidence shapes access to citizenship. It asks what kinds of proof states require and what happens when those forms of proof are missing. The analysis draws on nationality laws, constitutional texts, case decisions, and administrative practice. The findings show that Europe relies on documents and registration systems that treat records as truth, while African states face gaps in documentation that leave many citizens unrecognised. In North America, technology and DNA testing have made biology a new measure of belonging. Across these regions, the law of descent has become a law of evidence. Documents and DNA dominate, while oral and community genealogy have lost authority. These evidentiary habits travel across borders, shaping how migrants and diasporas prove identity in a world that equates paperwork with legitimacy. The study concludes that certainty and fairness can exist together if states accept multiple paths to proof. When documents, sworn statements, and community testimony are combined, the law can recognise descent without excluding those who lack official records. Belonging should rest not only on what is written or tested but also on what is known and trusted.

Francesco D’Amuri, G. Peri

Anna Pivaty

The majority of literature on digital criminal justice focuses on communication within the courtroom. By contrast, this article discusses the possible implications of digitalization of criminal proceedings for (legally represented) defendants’ access to criminal justice in general. In addition to communications during virtual hearings, it also discusses what happens before and after them. Defence lawyers act as vehicles for access to criminal justice, especially for detained suspects. Therefore, this article focuses on the lawyer-client relationship and their role in digitalised criminal justice. This reflection is based on qualitative interviews with 20 Dutch criminal lawyers as part of a broader study on the impact of digitalisation on the role of criminal defence lawyers. As a conclusion, it recommends that lawyers’ regulatory bodies address new dilemmas relating to legal representation in digitalised criminal proceedings.

Lucie Bendová Bednářová

This article explores the historical context and legal perspectives surrounding the crime of Forced Abortion in the early 20th century, particularly focusing on cases heard by the Olomouc Regional Court in Czechoslovakia. The analysis of four specific cases highlights the varying outcomes and punishments imposed on individuals involved in forced abortions. The court's approach ranged from acquittal to conviction, taking into account expert testimonies, mitigating circumstances, and the perceived social and moral implications of the crime. The article also examines the evolving views on abortion within society, including discussions on culpability, population interests, and the rights of women. Efforts for legal reform emerged, but ultimately, the strict criminal provisions of the time remained intact.

Mingyu Yu, Jiayang Wang, Sahani A. Iddawela et al.

GaAs(111)B is a semiconductor substrate widely used in research and commercial fields due to its low cost, mature synthesis technology, and excellent properties for manufacturing electronic devices. It is not only used to grow three-dimensional (3D) strongly-bonded materials, but has also been used as a substrate for layered, van der Waals (vdW)-bonded chalcogenide film growth. However, GaAs(111)B wafers cannot be directly used for growing epitaxial vdW chalcogenide films for two reasons: (1) the GaAs surface has a substantial number of dangling bonds that need to be passivated for vdW layers growth; (2) the substrate surface is covered with a thin epi-ready oxide layer which must be removed before film growth. In this paper, we optimize the method for deoxidizing GaAs(111)B substrates under a Se overpressure and successfully create a smooth, deoxidized, and passivated substrate for subsequent growth of vdW chalcogenide materials. We demonstrate the benefits of this method for the growth of vdW chalcogenide thin films using GaSe as a representative of vdW chalcogenides. In addition, we find that severely aged substrates have difficulty maintaining a smooth surface during the deoxidation and passivation process and cause GaSe crystals to nucleate in random shapes and orientations. We describe a method using water droplet testing to determine the age of the substrate. Finally, X-ray photoelectron spectroscopy (XPS) characterization reveals that the natural aging of GaAs(111)B in the air results in an increase in surface oxides, Ga2O3 and As2O3, while exposure to ultraviolet (UV)-ozone not only enhances the contents of these two oxides but also generates a new oxide, As2O5. Our research contributes to expanding the compatibility of GaAs(111)B with diverse growth materials and the production of high-quality heterostructure devices.

Charles J. Law, Alice S. Booth, Karin I. Öberg

Planets form in dusty, gas-rich disks around young stars, while at the same time, the planet formation process alters the physical and chemical structure of the disk itself. Embedded planets will locally heat the disk and sublimate volatile-rich ices, or in extreme cases, result in shocks that sputter heavy atoms such as Si from dust grains. This should cause chemical asymmetries detectable in molecular gas observations. Using high-angular-resolution ALMA archival data of the HD 169142 disk, we identify compact SO J=8$_8$-7$_7$ and SiS J=19-18 emission coincident with the position of a ${\sim}$2 M$_{\rm{Jup}}$ planet seen as a localized, Keplerian NIR feature within a gas-depleted, annular dust gap at ${\approx}$38 au. The SiS emission is located along an azimuthal arc and has a similar morphology as a known $^{12}$CO kinematic excess. This is the first tentative detection of SiS emission in a protoplanetary disk and suggests that the planet is driving sufficiently strong shocks to produce gas-phase SiS. We also report the discovery of compact $^{12}$CO and $^{13}$CO J=3-2 emission coincident with the planet location. Taken together, a planet-driven outflow provides the best explanation for the properties of the observed chemical asymmetries. We also resolve a bright, azimuthally-asymmetric SO ring at ${\approx}$24 au. While most of this SO emission originates from ice sublimation, its asymmetric distribution implies azimuthal temperature variations driven by a misaligned inner disk or planet-disk interactions. Overall, the HD 169142 disk shows several distinct chemical signatures related to giant planet formation and presents a powerful template for future searches of planet-related chemical asymmetries in protoplanetary disks.

N. Charron, L. Dijkstra, V. Lapuente

Federico Casolari

Paulina Tedesco, Alex Lenkoski, Hannah C. Bloomfield et al.

A transition to renewable energy is needed to mitigate climate change. In Europe, this transition has been led by wind energy, which is one of the fastest growing energy sources. However, energy demand and production are sensitive to meteorological conditions and atmospheric variability at multiple time scales. To accomplish the required balance between these two variables, critical conditions of high demand and low wind energy supply must be considered in the design of energy systems. We describe a methodology for modeling joint distributions of meteorological variables without making any assumptions about their marginal distributions. In this context, Gaussian copulas are used to model the correlated nature of cold and weak-wind events. The marginal distributions are modeled with logistic regressions defining two sets of binary variables as predictors: four large-scale weather regimes and the months of the extended winter season. By applying this framework to ERA5 data, we can compute the joint probabilities of co-occurrence of cold and weak-wind events on a high-resolution grid (0.25 deg). Our results show that a) weather regimes must be considered when modeling cold and weak-wind events, b) it is essential to account for the correlations between these events when modeling their joint distribution, c) we need to analyze each month separately, and d) the highest estimated number of days with compound events are associated with the negative phase of the North Atlantic Oscillation (3 days on average over Finland, Ireland, and Lithuania in January, and France and Luxembourg in February) and the Scandinavian Blocking pattern (3 days on average over Ireland in January and Denmark in February). This information could be relevant for application in sub-seasonal to seasonal forecasts of such events.

Alessandro D. A. M. Spallicci, Giuseppe Sarracino, Orélien Randriamboarison et al.

We investigate possible evidence from Extended Theories of Electro-Magnetism by looking for deviations from the Ampère-Maxwell law. The photon, main messenger for interpreting the universe, is the only free massless particle in the Standard-Model (SM). Indeed, the deviations may be due to a photon mass for the de Broglie-Proca (dBP) theory or the Lorentz Symmetry Violation (LSV) in the SM Extension (SME), but also to non-linearities from theories as of Born-Infeld, Heisenberg-Euler. With this aim, we have analysed six years of data of the Magnetospheric Multi-Scale mission, which is a four-satellite constellation, crossing mostly turbulent regions of magnetic reconnection and collecting about $95\%$ of the downloaded data, outside the solar wind. We examined 3.8 million data points from the solar wind, magnetosheath, and magnetosphere regions. In a minority of cases, for the highest time resolution burst data and optimal tetrahedron configurations drawn by the four spacecraft, deviations have been found ($2.2\%$ in modulus and $4.8\%$ in Cartesian components for all regions, but raising up in the solar wind alone to $20.8\%$ in modulus and $29.7\%$ in Cartesian components and up to 45.2\% in the extreme low-mass range). The deviations might be due to unaccounted experimental errors or, less likely, to non-Maxwellian contributions, for which we have inferred the related parameters for the dBP and SME cases. Possibly, we are at the boundaries of measurability for non-dedicated missions. We discuss our experimental results (upper limit of photon mass of $2.1 \times 10^{-51}$ kg, and of the LSV parameter $|\vec{k}^{\rm AF}|$ of $6 \times 10^{-9}$ m$^{-1}$), as the deviations in the solar wind, versus more stringent but model-dependent limits.

Carlos Espaliú Berdud

In the process of the parliamentarisation of the EU, the Treaty of Lisbon took a further step forward by introducing into the founding treaties - Article 17.7 TEU- the need to take into account the elections to the European Parliament for the appointment of the President of the Commission. Nevertheless, the European Parliament has been trying to impose its interpretation of Article 17.7 TEU, which has been coined into the Spitzenkandidaten doctrine, according to which the head of the party winning the elections should be elected as Commission President. The Parliament succeeded in imposing its vision with the occasion of the appointment of Juncker in 2014. Nevertheless, by not proposing Manfred Weber, the leader of the most voted party in the 2019 elections, as President, the European Council has prevented the consolidation of the 2014 precedent. Article 17.7 of the TEU also expresses the desire to bring the European elections closer to the citizens, so that their opinion is taken into account when the President of the Commission is elected. And it seems that both the results of participation in 2019 and the perception of the voters show that the Spitzenkandidaten system has been useful for that purpose. In any event, I consider that the fact that citizens voted in the 2019 elections in the belief that their votes would be decisive in appointing the President of the Commission and, in the end, it was not elected an Spitzenkandidaten as head of the Commission, is a very serious lack of consideration for citizens. Received:  03 February 2021 Accepted: 25 March 2021

Daniel Meier

The EU may be a porous area that need a common Integrated Border Management (IBM) system as well as several institutions, surveillance tools and politics to monitor an inter-agency cooperation and control of its external borders. In the backdrop of the European Neighborhood Policy (ENP), a new role has been assigned to external states bordering the eastern and southern flanks of the EU, with a progressive process of outsourcing security check on migrants thus extending the EU state borders up to the Mediterranean states, creating an EU borderland. This paper intends to raise the question of the impact of this EU external bordering process on some Arab neighbors since the outbreak of the Arab uprisings in 2011. More particularly, the research intends to focus on two types of states – Libya and Lebanon – with poor governance in order to show the limits of the implementation of IBM in such contexts. In order to highlight these, the paper delve into the borderwork of two EU or international bodies implementing IBM norms and rules to explore their relationships with the local state institutions. They both tend to show the key importance of the local context as a crucial explanatory factor of the limits of the implementation of such norms. Keywords: Integrated Border Management, EU, Libya, Lebanon, local context

Urdarević Bojan P.

Collective bargaining is a process of joint decision-making in which the social partners, representing the interests of their membership, try, in good faith, to determine the content and conclude the collective agreement. In this sense, collective bargaining is a way to resolve many issues related to the work process, to the satisfaction of all parties. In a context in which labour markets are characterized by inequality and uncertainty, the extension of the collective agreement is a key public policy instrument for the promotion of collective bargaining in general. However, certain principles must be represented to allow as many workers as possible to be covered by the extended effect of the collective agreement. These principles are set out in Collective Agreements Recommendation no. 91 of International Labour Organization and need to be followed to ensure respect for the free and voluntary nature of collective bargaining. With the fourth industrial revolution, the world of work changed radically, but the institute of the extended effect of the collective agreement can offer some answers to new circumstances, such as the increase of flexible forms of work and employment, migrant workers, or posted workers.

Zander S. Venter, Markus A. K. Sydenham

Widely used European land cover maps such as CORINE are produced at medium spatial resolutions (100 m) and rely on diverse data with complex workflows requiring significant institutional capacity. We present a high resolution (10 m) land cover map (ELC10) of Europe based on a satellite-driven machine learning workflow that is annually updatable. A Random Forest classification model was trained on 70K ground-truth points from the LUCAS (Land Use/Cover Area frame Survey) dataset. Within the Google Earth Engine cloud computing environment, the ELC10 map can be generated from approx. 700 TB of Sentinel imagery within approx. 4 days from a single research user account. The map achieved an overall accuracy of 90% across 8 land cover classes and could account for statistical unit land cover proportions within 3.9% (R2 = 0.83) of the actual value. These accuracies are higher than that of CORINE (100 m) and other 10-m land cover maps including S2GLC and FROM-GLC10. We found that atmospheric correction of Sentinel-2 and speckle filtering of Sentinel-1 imagery had minimal effect on enhancing classification accuracy (< 1%). However, combining optical and radar imagery increased accuracy by 3% compared to Sentinel-2 alone and by 10% compared to Sentinel-1 alone. The conversion of LUCAS points into homogenous polygons under the Copernicus module increased accuracy by <1%, revealing that Random Forests are robust against contaminated training data. Furthermore, the model requires very little training data to achieve moderate accuracies - the difference between 5K and 50K LUCAS points is only 3% (86 vs 89%). At 10-m resolution, the ELC10 map can distinguish detailed landscape features like hedgerows and gardens, and therefore holds potential for aerial statistics at the city borough level and monitoring property-level environmental interventions (e.g. tree planting).

Lourdes Peroni, A. Timmer

Pablo Fernández de Casadevante Mayordomo

Summary: 1. Introduction: constitutional normality. 2. Constitutional abnormality. 2.1. The various possibilities in the face of extraordinary situations. 2.1.1. The non-constitutionalization of extraordinary measures for State protection. 2.1.2. The constitutional regulation of the concentration of powers. 2.1.3. The detailed constitutionalization of one or more exceptional situations. 2.1.4. The parallel activity of the ordinary legislator. 2.2. The Spanish doctrine and its conception of the state of exception. 2.3. An alternative proposal: constitucional emergency law. 2.3.1. Material perspective: affecting the basic elements of the rule of law as a requirement for the outbreak of constitutional emergency. 2.3.2. Taxonomy: regulated constitutional emergency versus non-regulated constitutional emergency and how the law subsists in both cases. 2.4. Constitutional emergency law in practice. 2.4.1. Regulated constitutional emergency: beyond Article 116 SC. 2.4.2. Non-regulated constitutional emergency: 23-F as an example. 3. Conclusions. BIBLIOGRAPHY. Summary: constitutional normality consists of the regular and general application of a series of pre-established legal rules, with the objective of achieving the peaceful coexistence of citizens. However, there are extraordinary danger situations in which some ordinary rules may not be enforced, in order to restore political-constitutional normality. Although it is impossible to anticipate all the anomalous circumstances likely to occur, it is in the interests of legal security that at least the most common threats should be foreseen. This is what the majority of Spanish doctrine agrees to call a state of exception or exception right, understood in a broad sense. This work rejects the latter terminological conception, and this under a new taxonomic proposal applicable to the field of constitutional abnormality. On the basis of the differentiation between situations of regulated and non-regulated constitutional emergency, we defend the true legal exception is manifested when, in the absence of applicable regulation in case of a specific threat, the state reaction finds no other limits than the respect for the principle of proportionality in the defense of democratic legal values. It is the latter, in fact, which makes it impossible to confirm the total suspension of the Law in the face of a non-regulated exceptional circumstance, all these legal premises belonging to what we understand to be constitutional emergency law.