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General Principles of EU Law and the EU Digital Order

General Principles of EU Law and the EU Digital Order

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403511658
  • 出版时间 January 2020
  • 规格: Hardback
  • 适应领域: European Union ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,236.90

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  • 描述 
  • 大纲 
  • 详细

    General Principles of EU Law and the EU Digital Order addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union’s (EU’s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules.

    What’s in this book:
    Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to:

    • effects of the technological disruption on the doctrine of general principles;
    • the resilience of general principles in the digital society;
    • the need to rely on new general principles in the digital society;
    • the realization of the digital single market;
    • the safeguarding of fundamental rights and the rule of law.

    The contributors are highly esteemed scholars from major European universities and experts in the field. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent case law of Court of Justice of the European Union on the impact of digitalization.

    How this will help you:
    Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.

  • Editors

    Contributors

    Preface

    PART I
    General Issues

    CHAPTER 1
    The Resilience of the EU Single Market’s Building Blocks in the Face of Digitalization
    Sybe A. de Vries

    CHAPTER 2
    The Principle of Sincere Cooperation, the Charter and Digitalisation
    John Temple Lang

    CHAPTER 3
    Judicial Development of EU Fundamental Rights Law in the Digital Era: A Fresh Look at the Concept of ‘General Principles’
    Dorota Leczykiewicz

    PART II
    Principles and Rights

    CHAPTER 4
    The Approach of the CJEU in the Era of Digitalization: Free Movement in Relation to the Internet at Its 25th Anniversary
    Ulla Neergaard

    CHAPTER 5
    Proportionality Beyond the Constitution: The Impact of the Principle on EU Digitalization Legislation
    Ton van den Brink

    CHAPTER 6
    General Principles of EU Law for the Collaborative Economy
    Vassilis Hatzopoulos

    CHAPTER 7
    EU Non-discrimination Law in the Era of Artificial Intelligence: Mapping the Challenges of Algorithmic Discrimination
    Raphaële Xenidis & Linda Senden

    CHAPTER 8
    Here, There and Everywhere: The Right to Privacy in the Context of Good Administration in Cross-Border Coordination of Social Security Matters
    Jaan Paju

    PART III
    EU and Digital Rights

    CHAPTER 9
    Balancing Fundamental Rights as a Method for Enforcing Digital Copyright in the EU: Exploring the Institutional Implications
    Antonina Bakardjieva Engelbrekt

    CHAPTER 10
    The Gravitational Force of the Charter of Fundamental Rights in EU Copyright Law
    Stefan Kulk

    CHAPTER 11
    Proportionality in the CJEU’s Internet Copyright Case Law: Invasive or Resilient?
    Tuomas Mylly

    PART IV
    Competition Law and Related Issues

    CHAPTER 12
    General Principles of European Competition Law and the ‘Modern Bigness’ of Digital Power: The Missing Link Between General Principles of Public Economic Law and Competition Law
    Anna Gerbrandy

    CHAPTER 13
    Portability in Datasets under Intellectual Property, Competition Law, and Blockchain
    Björn Lundqvist

    CHAPTER 14
    Applying the Principle of Proportionality in the Assessment of Online Sales Restrictions: Does the ECJ Manage to Strike a Balance?
    Helene Andersson

    PART V
    Data Protection

    CHAPTER 15
    Anarchy, State, and Blockchain Utopia: Rule of Law Versus Lex Cryptographia
    Thibault Schrepel

    CHAPTER 16
    Governance of Digital Technology: Towards Principles for the Regulation of the Design, Implementation and Monitoring of AI Systems
    Lucky Belder

    CHAPTER 17
    Reconciling Privacy by Design with the Principle of Transparency
    Liane Colonna

    PART VI
    Conclusive Chapter

    CHAPTER 18
    Towards General Principles 2.0: The Application of General Principles of EU Law in the Digital Society
    Xavier Groussot, Anna Zemskova & Eduardo Gill-Pedro

    Index


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