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Social media giants like Meta and transnational regulators such as the European Union are transforming private governance by creatively emulating public law frameworks. Drawing on exclusive interviews and in-depth analysis of Meta's Oversight Board and the EU's Digital Services Act, this book explores how these approaches blend European and American perspectives, bridging distinct legal traditions to address the challenges of platform governance. Analysis of content moderation practices and their implications uncovers a critical pattern in the evolution of governance for industries that will define the future, from digital platforms to emerging technologies. Combining public and private law in innovative ways, the book sheds light on bold governance experiments that will shape the digital world-for better or worse. This study offers crucial insights for understanding the next chapter of global governance in an increasingly interconnected and privatized world. This title is also available as Open Access on Cambridge Core.
Empirical Legal Studies has arrived in EU law. The past decade has seen the publication of pathbreaking quantitative and qualitative studies, the creation of relevant thematic networks, and the realisation of large-scale empirical research projects. This volume explores the new movement. It features contributions penned by legal and political science scholars working or interested in the field. It is part handbook, for which scholars – experts and novices alike – can reach to get an overview of the state of the art. It is part manifesto, showcasing the need for and potential of this fast-growing area of academic inquiry. Finally, it is a critical reflection, assessing the challenges and limitations of Empirical Legal Studies in the EU context, as well as its interaction with adjacent disciplinary and interdisciplinary endeavours. The book captures the significant contribution which empirical legal research has made to the study of EU law, while facilitating an exchange about the way forward.
This formative period of EU law witnessed an intense struggle over the emergence of a constitutional practice. While the supranational institutions, including the European Commission, the European Court of Justice and the European Parliament, as well as EU law academics helped to develop and promote the constitutional practice, member state governments and judiciaries were generally reluctant to embrace it. The struggle resulted in an uneasy stalemate in which the constitutional practice was allowed to influence the doctrines, shape and functioning of the European legal order that now underpins the EU, but a majority of member state governments rejected European constitutionalism as the legitimating principle of the new EU formed on basis of the Treaty of Maastricht (1992). The struggle and eventual stalemate over the constitutional practice traced in this book accounts for the fragile and partial system of rule of law that exists in the EU today.
Since the end of the Second World War, restitution in Germany – Wiedergutmachung – has been mainly understood as part of state or private law. This book offers a different approach, arguing that authors and artists have also taken up a responsibility for restitution. Deploying the literal translation 'making-good-again', this book focuses on the 'making' of law, literature and visual art to argue that restitution is a practice which is found in different genres, sites and temporalities. The practices of restitution identified are dynamic, iterative and incomplete: they are practices of failure. Nevertheless, in this book, the question of how to conduct restitution emerges as a material question of responsibility asked through the making of texts and objects in different genres, including law. The resulting text is a unique expansion and re-conceptualisation of the practices of jurisprudence, restitution and responsibility in the context of the aftermath in Germany. This title is also available as open access on Cambridge Core.
The key argument of the volume is that post-1989 transformation deeply affected states and societies on both sides of the former Iron Curtain and was mutually constitutive. While post-communist Europe had to re-invent itself to be 'admitted' to the EU, the old member states and the EU changed too – less visibly, but no less profoundly. This volume examines these transformations from a new perspective, defined by scholars from post-communist Europe, who set the agenda of the volume in a series of workshops. Their colleagues from the 'West' were invited to reflect on the experience of their countries in the light of the questions and concerns defined in those workshops. The authors include scholars from a variety of backgrounds: established and young, coming from all parts of the continent and having different views on the politics of European integration. This title is also available as open access on Cambridge Core.
The adoption of the EU Takeover Directive in 2004 was marked by significant challenges, with negotiations spanning over a decade. This book provides comprehensive analysis, practical insights, and forward-looking policy recommendations. It discusses contentious issues such as the mandatory bid rule, acting in concert, and take-over defences. It also looks at developments such as sustainability in takeovers, multiple voting rights, or new ways to structure ownership changes. It offers a clear and engaging understanding of the TOD's historical evolution, its transposition, the current institutional design of takeover authorities, conflict of law issues, and the enforcement of takeover law across the EU. And it looks at its practical impact as well as its future developments. With contributions from leading experts, international comparisons, and case studies, it is an authoritative guide to the takeover law in Europe and beyond.
This book shows how Europe's history of colonialism has shaped the development of the EU legal order. It offers an account of the impact European colonialism has had on the application of law, on the methods of actors, the workings of institutions, and on changes in EU membership over time. Using different case studies, the sixteen chapters of this book address questions concerning how colonial continuities in EU law can be identified; how to understand the present application of EU law through the history of colonialism; and how Europe's colonial history casts new light on EU legal theory and concepts. This book is intended to sharpen analysis of the history, as well as of the present and future application of EU law. This title is also available as open access on Cambridge Core.
Generative AI systems’ output as speech – Constitutional coverage for AI speech in the absence of a (human) speaker – Right of individuals to receive information as a perspective for framing constitutional coverage of generative AI output – Implications of constitutional coverage for content policing and content moderation by private platforms – Trends in the interpretation of existing content moderation regimes and their applicability to generative AI systems.
EU’s political mediation in internal constitutional matters as part of its evolving vision of the rule of law – Dimensions of the EU’s dialogic rule of law: ontological, organic, and legitimising – The idea of the rule of law as embedded in intrincate political and social processes – The rule of law as the core driving force in creating spaces and boundaries for dialogue, interaction, and definition of the EU’s multilevel constitutional system – Balancing inherent dialogue with decisive and strong action against member states breaching the rule of law – Multiple forms of the ideal of the rule of law within the EU’s composite constitutional framework – No one-size-fits-all response: context-sensitive approaches to rule of law deviations – Institutionalising and legally integrating mediation as an instrument in the EU’s Rule of Law Framework.
The democratic justification of academic freedom – Academic freedom and Article 2 TEU values (democracy, the rule of law) – Potential implications for the application of the EU rule of law toolbox – Complementary protection of academic freedom – Preliminary remarks on future proposals
Populism, gender-related rights and science – The use of medical and scientific concepts and data vis-à-vis populist agendas – Science-related and science-based populism – Science as constitutional bulwark – The role of constitutional review and constitutional interpretation – Science as tool or object of constitutional review – The idea of scientific reasonableness of laws and policies
The rule of law crisis in Europe seen as a gendered phenomenon – The rule of law as a concept is itself gendered – The gendered dimension of democratic backsliding in Central and Eastern Europe is a central, not peripheral feature – Responses to authoritarian populist attacks on the rule of law should also address its gendered elements – Opposition to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence – The rise of a war against so-called ‘gender ideology’ – Increasingly restrictive reproductive rights regimes – The retrenchment of the ‘traditional’ family and traditional gender roles – EU response weak and ambivalent – European Court of Human Rights’ gender equality case law a work in progress
Regressive constitutional erosion: the gradual rescue of the traditional gender order through constitutional interpretation – Regressive constitutional reform: rendering explicit the traditional gender order – Preemption: constitutional supremacy and the traditional gender order as a matter of sovereignty and national identity – Constitutional backsliding or problematic constitutional origins to start with
Anti-immigrant claims as key to the success of populist radical right parties in Europe – Increasing barriers to immigration and integration, and growing uncertainty as migration governance strategy – Misuse of gender equality and women’s rights by populist radical right parties to legitimise the restriction of the access to Europe as legal paradox – Comparative analysis (Finland, Germany, Hungary, Italy, the Netherlands, Poland and Sweden)