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• Introduction
• Automated information processing in EU composite decision-making
• The legal framework : rights, remedies and obligations in semi-automated decision-making
• Allocating responsibilities
• Accessing remedies
• Exercising effective review: trust but care?
• Effective remedies in the age of automation : findings and recommendations
• Conclusion.

"This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection" -- Provided by publisher.

• Introduction to The autonomous legal concept of communication to the public
• The right of communication to the public, including the right of making available to the public, in a copyright context
• The concept of harmonisation
• Legislative harmonisation on an international level through multilateral international agreements
• Legislative harmonisation on the EU level
• Interpretive harmonisation through the use of autonomous legal concepts: autonomy in form
• Interpretive harmonisation through the use of autonomous legal concepts: autonomy in substance
• Application of communication models
• Concluding remarks.

"The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level. The book explores the scope of the right of communication to the public in a twofold manner: Firstly, it examines the legal standing and effect, from a constitutional perspective of an autonomous legal concept. Secondly, it analyses CJEU case law, grouping cases by type of communication model to demonstrate what kind of authorisation is required to permit widened communication to the public online. Marušić builds on both strands of analysis to propose an operational model of communication for future use, that can aid in identifying and remedying infringements. Providing novel analysis on the definition and status of autonomous legal concepts in the EU, and setting this analysis against the context of harmonisation processes, this book will be of great interest to scholars working in both copyright law and EU law more widely"-- Provided by publisher.

• Scope of application, definitions and the general rule
• Special jurisdiction : articles 7–9
• Rules on jurisdiction in weaker party disputes
• Exclusive jurisdiction : article 24
• Prorogation of jurisdiction : articles 25 and 26
• Common provisions : articles 27–35
• Recognition and enforcement
• Relation with other instruments and final provisions.

"The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application. With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements. Key Features: - A focus on the interpretation and practical application of the Regulation - Detailed analysis of the case law and jurisprudence - Highlights both deficiencies and potential improvements - Written by leading scholars in EU and private international law. The Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law"-- Provided by publisher.

• Introduction
• Values instead of rules, politics instead of constitutionalism
• The attempt to enforce 'common values'
• Article 7 TEU in practice, or misunderstanding Hungarian 'illiberalism'
• Elements of the Hungarian legal constitutionalist charade
• Awkward questions instead of catharsis

"The national-conservative government of Hungary has been heavily criticised for the violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterized as a dialogue of the deaf as the EU insists on advancing the rule of law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contents that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics and policy-makers working in the areas of Constitutional Law and Politics, EU Law, and Populism"-- Provided by publisher

"Le 1er décembre 2009, entrait en vigueur le traité de Lisbonne. Par ce biais, la Charte des droits fondamentaux acquérait la valeur contraignante pleine et entière dont elle s’était vue initialement privée lors de sa proclamation par le Parlement européen, le Conseil et la Commission, le 7 décembre 2000. En un peu plus de vingt années, l’application de la Charte a conduit à la production d’une jurisprudence abondante et complexe, tant à l’égard des droits et libertés qu’elle consacre – songeons par exemple au principe ne bis idem, à la matière de la protection des données à caractère personnel, ou encore à l’interdiction des discriminations –, qu’en lien avec les clauses transversales qui en gouvernent l’interprétation et la mise en oeuvre : délimitation de son invocabilité vis-à-vis des actes étatiques, lien avec la Convention européenne des droits de l’Homme et articulation avec la protection constitutionnelle des droits et libertés. Une synthèse de cet acquis, et des perspectives qu’il laisse entrevoir, a paru utile, voire indispensable. Le présent ouvrage s’y emploie sous la forme d’un commentaire article par article, systématique, de la Charte des droits fondamentaux de l’Union européenne du 7 décembre 2000, telle qu’adaptée le 12 décembre 2007 à Strasbourg, à laquelle l’article 6 du traité sur l’Union européenne confère la même valeur juridique que les traités constitutifs. La troisième édition de ce livre fut l’occasion d’ajouter, au travail originellement réalisé (2017) et revu (2019), un nombre considérable de nouveaux développements, voire, dans certains cas, de refondre entièrement les analyses livrées pour intégrer tel ou tel arrêt de principe ou de revirement intervenu dans l’intervalle. Chaque commentaire intègre donc les références doctrinales et jurisprudentielles les plus récentes et les plus pertinentes sur les sujets traités, et opère les renvois aux autres instruments de protection des droits de l’Homme susceptibles d’offrir un éclairage à la Charte. Issu des efforts conjugués d’une équipe franco-belge, cet ouvrage croise les regards des universitaires, des chercheurs et des praticiens, à l’image du public auquel il est destiné."-- Provided by publisher.

• Comparative law study on civil liability for artificial intelligence / Mark A Geistfeld, Ernst Karner and Bernhard A Koch
• Safety- and liability-related aspects of software / Christine Wendehorst and Yannic Duller
• Annex. Liability for artificial intelligence and other emerging digital technologies / Expert group on liability and new technologies : new technologies formation.

• Introduction,
• 1. Brief History of Drones,
• 2. Elements of Privacy Invasion,
• 3. Visual Privacy,
• 4. The Fundamental Dimensions of Visual Privacy,
• 5. The Solutions, Conclusion, Index.
• (source: Nielsen Book Data)

This book examines rights issues in relation to visual privacy in the use of civilian drones. Here, visual privacy is described as the freedom from a combination of unwanted activities directed towards an individual, such as observing, recording, and publishing of personal visual information without an individual's consent. The book answers the question of whether visual observation of an individual with the help of the camera systems onboard a civilian drone is lawful in light of EU law. It also discusses the legality of the subsequent recordings and publications. The issues are considered in terms of the European Convention of Human Rights, the Charter of Fundamental Rights of the European Union, the case law of the European Court of Human Rights and the Court of Justice of the European Union and EU General Data Protection Regulation. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of technology, privacy and human rights law.
(source: Nielsen Book Data)

• Introduction
• The legal basis of the right to damages
• Jurisdiction / with a contribution from Paul Sluijter
• The law applicable to the claim / with a contribution from Paul Sluijter
• Directive 2014/104/EU : Temporal scope
• The parties to litigation
• Limitation
• Harm
• Damages I
• Damages II
• Proving the infringement
• Further issues relating to evidence I
• Further issues relating to evidence II : publication of information relating to an infringement by the Commission or an NCA
• Procedural issues
• Parameters to claims, including causation
• Collective redress in the EU
• Collective proceedings in the UK
• Quantification of antitrust damages / Frank Maier-Rigaud and Ulrich Schwalbe

"Competition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law. This significantly expanded, restructured, and updated edition sets out the law in relation to actions for damages for loss caused by infringements of articles 101 and 102 of the TFEU, in both the EU and UK. The book now provides detailed guidance on the jurisprudence emanating from both jurisdictions, with careful reference, as in previous editions, to Directive 2014/104, and incorporating additional detail throughout on the variations in practice and interpretation in key member states. The book provides guidance on substantive issues, such as quantification of loss and pass-on, as well as evidentiary issues, such as access to documents, particularly in the context of leniency programmes, and the probative value of competition authority decisions. New to this edition is extensive treatment of collective redress in the EU and collective proceedings in the UK. In addition, the book has been restructured so that material on the parties to litigation and limitation, for example, are clearly presented in new chapters"-- Provided by publisher

• Introduction
• The global reach of the right to data protection
• The restrictive effect of the legal mechanisms for data transfers in the European Union
• Restrictions on data transfers and the WTO
• Restrictions on data transfers and trade agreements
• Concluding remarks: Data protection without data protectionism

"This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden's revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU's requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU's extraterritorial fundamental rights requirements without violating the principles of the WTO's law on services. It also addresses current developments in international trade law - the conclusion of comprehensive trade agreements - and offers suggestion for the design of data flow clauses that accommodate privacy and trade"-- Provided by publisher

"This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism"-- Provided by publisher.

• Einführung
• Die zentralen begriffe der Brüssel Ia-VO : unvereinbarkeit und derselbe anspruch
• Zeitpunkte der koordination staatlicher gerichtsverfahren und -entscheidungen
• Berücksichtigung der schiedsgerichtsbarkeit i.R.d. litispendenzregeln der Brüssel Ia-VO
• Schiedsgerichtsbarkeit und anerkennung von mitgliedstaatenentscheidungen
• Ausblick
• Ergebnisse in thesen.

"The Brussels Ibis Regulation deals explicitly with lis pendens and refusal of recognition of irreconcilable decisions in regard to state courts only. Benedikt Wössner examines these mechanisms, their applicability with regard to arbitration proceedings and awards and options to extend their reach de lege ferenda"-- Provided by publisher.

• Preface Introduction
• 1. The European Union's Proposed Artificial Intelligence Act (AIA) A. Background and Context B. The Prohibition of AI Systems Deploying Subliminal Techniques C. The Scope and Nature of AI Systems with Subliminal Aspects
• 2. Subliminal Perception and the Law A. Motivational Research and "Hidden Persuaders" B. Laws Prohibiting Subliminal Advertising C. Subliminal Perception and the Senses: Between Individuality and Unity
• 3. The Future Regulation of Subliminal AI Systems A. The Prohibition of Subliminal Techniques in AI Systems, Revisited B. Wider Ramifications for Law: Towards a Right to Cognitive Freedom C. Legal Synaesthesia: Greater Unity of the Senses Leads to Greater Unity of Law? Conclusion.
• (source: Nielsen Book Data)

AI in combination with other innovative technologies promises to bring unprecedented opportunities to all aspects of life. These technologies, however, hold great dangers, especially for the manipulation of the human mind, which have given rise to serious ethical concerns. Apart from some sectoral regulatory efforts to address these concerns, no regulatory framework for AI has yet been adopted though in 2021 the European Commission of the EU published a draft Act on Artificial Intelligence and UNESCO followed suit with a Recommendation on the Ethics of Artificial Intelligence. The book contextualises the future regulation of AI, specifically addressing the regulatory challenges relating to the planned prohibition of the use of AI systems that deploy subliminal techniques. The convergence of AI with various related technologies, such as brain-computer interfaces, functional magnetic resonance imaging, robotics and big data, already allows for "mind reading" or "dream hacking" through brain spyware, as well as other practices that intrude on cognition and the right to freedom of thought. Future innovations will enhance the possibilities for manipulating thoughts and behaviour, and they threaten to cause serious harm to individuals as well as to society as a whole. The issue of subliminal perception and the ability to deceive and manipulate the mind below the threshold of awareness causes severe difficulties for law and democracy and raises important questions for the future of society. This book shows how cognitive, technological, and legal questions are intrinsically interwoven, and aims to stimulate an urgently needed transdisciplinary and transnational debate between students, academics, practitioners, policymakers and citizens interested not only in the law but also in disciplines including computer science, neuroscience, sociology, political science, marketing and psychology.
(source: Nielsen Book Data)

• Introduction / Mariolina Eliantonio, Emma Lees and Tiina Paloniitty
• 'Science' in court : the importance of specificity / Emma Lees and Tiina Paloniitty
• The European Court of Justice's approach to scientific and factual matters in the Habitats Directive : between uncertainty and precaution / Agustín García-Ureta
• Judicial review and enforcement of the Habitats Directive in Ireland / Áine Ryall
• The boundaries of administrative judicial review in Lithuania in Natura 2000 cases / Jurgita Paužaite-Kulvinskiene and Indre Žvaigždiniene
• The scrutiny of scientific evidence by UK courts in environmental decisions: legality, the fact-law distinction, and (sometimes) self-limiting review / Catherine Caine and Richard Broadbent
• Judicial review of the application of Art 6 (3) Habitats Directive : how the Dutch Council of State integrates science, expertise and scientific uncertainty / Floor Fleurke
• Of ostensible self-restraint, explicit environmental protection, and a missing link: the appropriate assessment in Italy / Roberto Caranta
• Legal approaches to scientific uncertainty in Germany : the case of EU nature conservation law / Wolfgang Köck and Till Markus
• Reasoning styles, the role of discretionary judicial choices and the limits of judicial review: the Hungarian courts' experience with the Habitats and Wild Birds Directives / Katalin Sulyok
• The EU nature conservation law in Finnish judicial review: various avenues, coalescing case law? / Tiina Paloniitty and Hanna Nieminen-Finne
• The intensity of judicial review in environmental litigation in Greek law with special regard to habitats sites / Konstantinos Gogos
• The weakness of the judiciary and the poor implementation of the Habitats Directive : how judicial self-restraint endangers biodiversity protection in France / François-Vivien Guiot
• The habitats directive in the Romanian courts : procedure vs substance / Dacian C. Dragos and Bogdana Neamţu
• Biodiversity in the court : the certainty of contests about uncertainty / The Hon Justice Brian J. Preston
• Scientific uncertainty before the Court of Justice and the General Court : is the judicial toolbox sufficient? / Mariolina Eliantonio and Michał Krajewski
• Conclusions / Mariolina Eliantonio, Emma Lees and Tiina Paloniitty.

"This book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directive (the core of EU nature conservation law) are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 EU current and former member states' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles"-- Provided by the publisher.

• Part 1. From Linear to Circular Economy. The Impact of Environmental Legislation on Waste Management
• Chapter 1 - The Transition from Linear to Circular Economy. The Case of Waste in European and Italian Environmental Legislation
• Chapter 2. From European Legislation to its Implementation in Italy between Past and Present
• Chapter 3. The Transition from Linear to Circular Economy Induced by Waste Management Legislation. A Shift-and-Share Analysis of European Countries and Italian Macro-Areas
• Part 2. Convergence or Divergence from the Circular Economy Objectives. What are the Causes?
• Chapter 4. The Integrated Waste Cycle in Italy and EU Countries
• Chapter 5. Convergence or Divergence in Waste Treatment Methods? The Impact of Waste Management Legislation in the Transition to the Circular Economy Model.

Waste management is a topical issue worldwide. In recent years, several requests have been made by citizens and associations to political decision-makers regarding the need for a significant improvement in waste management methods. Particularly considering the significant increase in awareness of social and environmental impacts and the economic consequences of non-virtuous waste management. There is growing attention on legislation and regulation's role in the waste sector. Regulation can help companies and citizens achieve a faster, more effective, and more efficient transition from a linear economy, based on the take-make-dispose paradigm, to a circular economy, in which the potential of waste as resources and secondary raw materials is exploited. This book is set in the wake of economic literature that tackles the transition from the linear to the circular economy. It focuses on the downstream stages of the waste management process (i.e. the waste treatment phase). In this regard, it is proposed a journey through the history of European waste legislation to study the waste sector's transition dynamics from a selfish and no longer sustainable economic model based on rampant consumerism to a far-sighted sustainable model addressing the well-being of future generations. Studying the changes in European waste regulations leads us to ask ourselves the following questions: how has waste collection changed in recent years? What are the new regulatory challenges that must be addressed to achieve the objectives of a circular economy? How successful has the EU legislation been in fostering the transition from a linear to a circular economy? Finally, has the European environmental legislation sprung a convergence process among European countries towards the circular economy, or has the definition of targets fuelled the already marked differences between EU countries?

• The case for banking regulation
• Key aspects of public international financial law : international financial standards
• Key institutional aspects of the international financial architecture and an interim assessment
• Definition and evolution up to the creation of the banking union
• Developments after the establishment of the banking union
• The legislative acts which constitute the sources of EU banking law
• The European Banking Authority (EBA) and its (significant) role in the law : making process
• The Single Supervisory Mechanism (SSM)
• The Single Resolution Mechanism (SRM).

"In two volumes, this book covers in a comprehensive, internally balanced, systematic and detailed way the field of European Union (EU) banking law and regulation. In three parts, Volume I offers a brief introduction to the role of banks in the contemporary financial system and the theory of banking regulation, a thorough analysis of international financial standards which are contained in the sources of public international banking law (and of public international financial law, in general), a detailed presentation of the gradual evolution and the sources of EU banking law, as well as a precise analysis of the law-making process and the key institutional aspects of this branch of EU economic law. The standards and rules adopted and the institutions created in the aftermath of the (2007-2009) global financial crisis and the subsequent euro area fiscal crisis, as well as during the current pandemic crisis are discussed, as appropriate. A detailed analysis of the substantive aspects of EU banking law will follow in Volume II." -- Provided by publisher.

• European constitutional imaginaries : utopias, ideologies and the other / Jan Komárek
• European constitutional imaginaries : on pluralism, calculemus, imperium and communitas / Jiri Priban
• European constitutional imagination : a whig interpretation of the process of European integration? / Marco Dani and Agustín José Menéndez
• The European Union as 'militant democracy'? / Signe Larsen
• Ideologies and imaginaries of legitimacy from the 1950s to today : trajectories of EU-official discourses read against Rosanvallon's democratic legitimacy / Claudia Schrag Sternberg
• Why read The transformation of Europe today? : on the limits of a liberal constitutional imaginary / Jan Komárek
• Messianism, exodus, and the empty signifier of European integration / Alexander Somek and Jakob Rendl
• From constitutional pyramid to constitutional pluralism : the transformation of the European constitutional imaginary in context / Hugo Canihac
• The imaginary and the unconscious : situating constitutional pluralism / Amnon Lev
• The constitutional imaginary and the 'metabolic' realities of European integration / Peter L. Lindseth
• The European public good and European public goods / Neil Walker
• The peoples imagined : constituting a democratic European Polity / Kalypso Nicolaïdis
• Constitutional patriotism as Europe's public philosophy? : on the responsiveness of post-national law / Paul Linden Retek
• On the new German ideology / Michael A Wilkinson
• Beyond neoliberal federalism? : the ideological shade of the Eurozone's constitutional order after the Eurozone crisis / Hjalte Lokdam
• The failure to grapple with racial capitalism in European constitutionalism / Jeffrey Miller and Fernanda Nicola
• Constitutionalism and powerlessness / Damjan Kukovec
• Imaginaries of progress as constitutional imaginaries / Marija Bartl
• Conclusion: Making "the other" explicit / Jan Komárek

"What does it mean to say that the European Union has a constitution--theoretically, but more importantly, practically? What sort of possibilities such assertion opens for various actors--politicians, legal professionals, or the general public? And what is the role of constitutional thinkers in establishing constitutional discourse as the dominant way in which European law is (or was) conceived after 1989? This volume seeks to answer such questions, with a special emphasis on the last one. 'European Constitutional Imaginaries' are the central focus of the book. These are sets of ideas and beliefs that help to motivate and at the same time justify the practice of government and collective self-rule established by the constitution (written or unwritten). Such imaginaries are as important as institutions and office-holders. They provide political action with an overarching sense and purpose recognized by those governed as legitimate. The book brings together reflections by lawyers, philosophers, sociologists, or political economists, who shed light on various constitutional imaginaries of Europe. They provide critical intellectual histories of particular legal approaches to European integration, and look behind the language of law to reach deeper insights into the contested history and political economy of Europe. They ask us to think about European law differently"-- Provided by publisher.