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Principles of EU law in climate litigation China-EU Law Journal (IF 0.3) Pub Date : 2024-06-20 Esmeralda Colombo
The present contribution questions the role of principles of EU law in climate litigation. Notwithstanding their importance within the EU general regulatory framework, their operationalisation in climate litigation is underexplored. To appreciate EU principles in the context of climate change litigation, this paper positions them within the scope and dynamics of climate change litigation worldwide
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Climate adaptation law: a European perspective China-EU Law Journal (IF 0.3) Pub Date : 2024-05-02 Juliane Albrecht
In contrast to climate protection law, which regulates the mitigation of climate change, climate adaptation law deals with the management of the unavoidable consequences of climate change. This article provides an overview of its legal basis from a European perspective. In addition to international law, especially the Paris Agreement, EU law is of central importance in this respect. It is primarily
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Covid-19 apps, Corona vaccination apps and data “ownership” China-EU Law Journal (IF 0.3) Pub Date : 2022-11-23 Sjef van Erp
Already before the present Covid-19 health crisis an emerging trend could be seen towards offering health services from a distance, called “e-health”. This trend, like so many other developments towards digitalisation of our societies, received a considerable impetus because of the Covid-19 crisis. First, the rise of Covid-19 tracing (and/or tracking) apps and now to be followed by the advance of Corona
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Online teaching and copyright from the European Union perspective in COVID times China-EU Law Journal (IF 0.3) Pub Date : 2022-06-13 Sebastián López Maza
Teaching may involve the use of copyrighted works. It is very important that teachers and professors know two things: (1) what kind of contents they can use in their classes; (2) what are the necessary requirements for using them to avoid infringements of copyright. In this time of pandemic, where online teaching is a big focus in universities, high schools and schools, this knowledge is essential
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Trials by video link after the pandemic: the pros and cons of the expansion of virtual justice China-EU Law Journal (IF 0.3) Pub Date : 2022-04-13 D. L. F. de Vocht
The Covid-19 pandemic has led to an enormous increase in the use of technology in the courtroom. This development raises the important question on the potential effects of the digitalisation of criminal justice—especially from the viewpoint of the right to a fair trial. This contribution discusses this complicated question from different angles. It focuses on a number of different assumptions underlying
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Legal countermeasures against COVID-19 in Japan: effectiveness and limits of non-coercive measures China-EU Law Journal (IF 0.3) Pub Date : 2022-04-11 Narufumi Kadomatsu
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The dark side(s) of the EU Directive on copyright and related rights in the Digital Single Market China-EU Law Journal (IF 0.3) Pub Date : 2020-11-16 Federico Ferri
The article examines some pivotal aspects of Directive (EU) 2019/790, which is the new legislative act adopted by the European Union to adapt copyright to the evolving digital environment. Indeed, this measure is meant to have considerable implications on the European plane and is supposed to influence, at least in part, also the relations between the EU and third States in the field of copyright.
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Cultural innovative enterprises: not just philantrophy China-EU Law Journal (IF 0.3) Pub Date : 2020-09-02 Silvia Guizzardi
This paper is focused on the “cultural innovative enterprises”, introduced into italian law by Decree Law 179/2012 on “Further urgent measures for Italy’s economic growth”, converted into Law 221/2012. It is about new innovative enterprises that deal to develop, manufacture and distribuite innovative goods and services of high technological value, operating exclusively in the fields of cultural heritage
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The right to an effective remedy in European law: significance, content and interaction China-EU Law Journal (IF 0.3) Pub Date : 2019-09-16 Wojciech Piątek
One of the basic rights and a general principle of the European Union is the right to an effective remedy. In the paper is presented the basis of the right to an effective remedy derived from the first paragraph of Article 47. The right could be realized only before a tribunal which is an extraordinary public authority competent to adjudicate civil, criminal and administrative cases. The effectiveness
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Interaction and basic rights in an international perspective: an introduction China-EU Law Journal (IF 0.3) Pub Date : 2019-06-05 Roland Broemel, Libin Xie, Zhongxia Li
The effective enjoyment of basic rights largely depends on communicative processes and other forms of social interaction. Traditional conceptions of basic rights do not explicitly address this relevance of social interaction, though. Legal conceptions of basic rights rather focus on the right to a particular discretionary, but isolated and individual behaviour. This article points out the different
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The protection of marriage and family: a constitutional responsibility to enable all-embracing interaction as a means without an (objective) end China-EU Law Journal (IF 0.3) Pub Date : 2019-02-18 Karsten Herzmann
The constitutional duty to protect marriage and family is a rather recent task for public authorities. While these particularly personal forms of social interaction have always been of political interest to some extent, the attempt to provide them with basic rights protection against and by the state is a development from the last 100 years. Nowadays, such obligations are anchored not only in the constitutions
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Market freedoms and private interactions under EU law China-EU Law Journal (IF 0.3) Pub Date : 2019-02-05 Dolores Utrilla Fernández-Bermejo
The Court of Justice of the European Union has ascertained that free movement provisions as enshrined in European Union primary law entail not only mandatory rules prohibiting the creation and/or maintenance of national barriers to trade within the single market, but also subjective rights of economically active individuals to be enforced by national courts. Historically and as a matter of principle
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Access to state-held information China-EU Law Journal (IF 0.3) Pub Date : 2019-01-09 Sandra Plicht
On the basis of different cases of the ECHR regarding freedom of information and its scope of protection; this article analyses the individual right for access to state-held information, taking under consideration the relation between European Law and Constitutional Law.
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Automated communication and basic rights China-EU Law Journal (IF 0.3) Pub Date : 2019-01-09 Meinhard Schröder
Nowadays communication does not necessarily originate from humans, but also from “machines” such as “social bots” or “things” in the Internet of Things. From a basic rights perspective, this phenomenon raises the question if such communication benefits from the same level of protection as communication created by human beings. With regard to the basic rights of the Grundgesetz, the Federal Constitutional
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Climate change and trade: challenges and lingering questions on the relationship between renewable energy subsidies and WTO disciplines China-EU Law Journal (IF 0.3) Pub Date : 2017-11-23 Leonardo S. Borlini, Francesco Montanaro
The worsening of global warming has prompted an ever-increasing number of States to enact climate change mitigation policies. These often include renewable energy subsidies and local content requirements. Yet, these policies do not always sit comfortably with WTO disciplines. This paper investigates how the WTO case law and legal scholarship have dealt with this issue. Bearing this in mind, it seeks
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Fine to follow-on? Private anti-trust actions in European law China-EU Law Journal (IF 0.3) Pub Date : 2017-02-13 Thomas Thiede
If an undertaking infringes European or national competition law, the infringers must reckon with a large range of possible sanctions, of both a public law and a private law nature. Regarding the latter, we take note in this paper of anti-trust actions for damages by private claimants, which have become ever more significant in the anti-trust debate. Against a background of divergent developments in
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Competition law enforcement under informational asymmetry China-EU Law Journal (IF 0.3) Pub Date : 2016-12-15 Rainer Kulms
Competition law enforcement, whether by public officials, private parties and consumers or the courts, has to resolve informational and resource asymmetries. Current EU competition law establishes an interface between government enforcement action and private litigation. For the EU Commission, informational asymmetries will be primarily addressed under positive comity agreements with other countries
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European Union Regulations concerning the breach and cancellation of contracts China-EU Law Journal (IF 0.3) Pub Date : 2016-09-07 Danièle Alexandre
This article intends to analyze in European Private International Law how Regulation (EU) n° 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), very often called Brussels I bis Regulation, determines which Court of a Member State of the European Union may have jurisdiction for the resolution of disputes concerning a breach or cancellation
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Editorial introduction to the China–EU Law Journal special issue on the EU–China Investment Treaty in Interdisciplinary Perspective China-EU Law Journal (IF 0.3) Pub Date : 2016-07-01 Louis Brennan,Diarmuid Rossa Phelan