Search result: 740 articles

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Claudia Mazzucato
Claudia Mazzucato is Associate professor of Criminal Law at Università Cattolica del Sacro Cuore, Milan, Italy. She has known the Parents Circle-Families Forum since 2005 and is engaged with them in joint projects concerning restorative responses to political and collective violence and violent extremism. Corresponding author: Claudia Mazzucato at claudia.mazzucato@unicatt.it.
Article

Diversion and restorative justice in the context of juvenile justice reforms in Indonesia, Thailand, the Philippines and Vietnam

Journal The International Journal of Restorative Justice, Issue Online First 2022
Keywords children’s rights, juvenile justice, restorative justice, diversion, implementation challenges, Thailand, Vietnam, Indonesia, the Philippines
Authors Le Thu Dao, Le Huynh Tan Duy, Ukrit Sornprohm e.a.
AbstractAuthor's information

    Diversion is an important vehicle for delivering an alternative model of youth justice, one that is, hopefully, grounded in principles of children’s rights and restorative justice. Several Asia-Pacific countries, often with international assistance, have sought to develop alternative processes and programmes to which children in conflict with the law can be diverted to. In some instances, these have included restorative justice programmes. This article provides an overview of the implementation of a restorative justice approach, as a youth justice diversion measure, in four South-East Asian countries: Indonesia, Thailand, the Philippines and Vietnam. It describes juvenile justice reforms in these countries, particularly as they relate to the implementation of diversion and restorative justice and reflects on the factors that may have affected the success of these reforms. Every one of these countries has achieved a measure of success in implementing diversion and restorative justice, although restorative justice has occupied a different place in these reforms. The article offers a general overview of key challenges and notable successes encountered during that process, as well as an opportunity to consider the role of tradition, culture and public expectations in the implementation of restorative justice principles in the context of juvenile justice.


Le Thu Dao
Le Thu Dao, PhD, is professor at the Comparative Law Institute, Hanoi Law University, Hanoi, Vietnam.

Le Huynh Tan Duy
Le Huynh Tan Duy, LLB, LLM, PhD, is Head of Criminal Procedure Law Division of the Ho Chi Minh City University of Law, Ho Chi Minh City, Vietnam.

Ukrit Sornprohm
Ukrit Sornprohm, LLB, LLM, LLD (Candidate), Project Manager (Rule of Law and Criminal Justice), Thailand Institute of Justice, Bangkok, Thailand.

Yvon Dandurand
Yvon Dandurand, Professor Emeritus, Criminology, University of the Fraser Valley, Abbotsford, Canada. Fellow, International Centre for Criminal Law Reform. Corresponding author: Yvon Dandurand, Yvon.Dandurand@ufv.ca.
Article

Mediation in Greece: The ‘Formal’ and Various ‘Informal’ Types, Off- and Online

The Architecture of Mediation in Greece – Shifting towards a Culture That Values Consensus-Building

Journal Corporate Mediation Journal, Issue 2 2021
Keywords mediation, Greece, special forms, mandatory, online, informal types
Authors Dimitris Emvalomenos
Author's information

Dimitris Emvalomenos
Dimitris Emvalomenos, Lawyer, LL.M., Accredited Mediator of the Greek Ministry of Justice & the Centre of Effective Dispute Resolution (CEDR), London, UK, Dep. Managing Partner at the law firm ‘Bahas, Gramatidis & Partners LLP’ (BGP).
Article

Access_open Dispute Resolution in the Chinese Belt and Road Initiative

The Role of Mediation

Journal Corporate Mediation Journal, Issue 2 2021
Keywords international commercial mediation, Belt and Road Initiative, Singapore Convention, China, international dispute resolution
Authors Henneke Brink
AbstractAuthor's information

    With unfaltering determination, China continues to expand its Belt and Road Initiative (BRI). This article focuses on the preference that is given to mediation for the resolution of BRI-related disputes. China, Hong Kong and Singapore proclaim that this approach better fits with ‘Asian’ cultural values than adversarial processes like arbitration and litigation. The BRI can be seen as an innovative field lab where mechanisms for international commercial conflict management and resolution are being developed and put to action - and where legitimacy is tested.


Henneke Brink
Henneke Brink is a Dutch lawyer, mediator, and owner of Hofstad Mediation. She carries out research and writes about topics concerning the relation between mediation and (inter)national formal justice systems.
Article

Preparing Mediators for Text-Based Mediations on ODR Platforms

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords online dispute resolution (ODR), mediation, dispute resolution, alternative dispute resolution (ADR), mediation training, text-based systems
Authors Joseph van ’t Hooft, Wan Zhang and Sarah Mader
AbstractAuthor's information

    The COIVD-19 pandemic has drawn an increasing level of attention to the role of online dispute resolution (ODR) in dispute resolution systems. As ODR becomes increasingly prevalent, unique characteristics of conducting text-based mediations via ODR platforms begin to surface, warranting discussion on modifying mediator practises to adapt to ODR platforms. This article shines a light on the advantages and disadvantages of text-based mediations through interviews with court administrators and mediators with text-based mediation experience. Accordingly, this article proposes recommendations on training mediators to use ODR platforms and modifying their practises to achieve the best outcomes in text-based mediations. Focusing on the qualitative data and information gathered from these conducted interviews, this article seeks to offer practical advice about preparing mediators to participate in text-based mediations.


Joseph van ’t Hooft
Joseph van ’t Hooft is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.

Wan Zhang
Wan Zhang is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.

Sarah Mader
Sarah Mader is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.
Article

AI in the Legal Profession

Teaching Robot Mediators Human Empathy

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords ADR, AI, ML, mediation, digital technology, value alignment
Authors Linda Mochon Senado
AbstractAuthor's information

    What benefits do AI technologies introduce to the law and how can lawyers integrate AI tools into their everyday practice and dispute resolution? Can we teach robot mediators to understand human empathy and values to conduct a successful mediation? While the future of AI in the legal profession remains somewhat unknown, it is evident that it introduces valuable tools that enhance legal practice and support lawyers to better serve their clients. This paper discusses the practical ways in which AI is used in the legal profession, while exploring some of the major concerns and hesitation over value alignment, morality and legal formalism.


Linda Mochon Senado
Linda Mochon Senado is a J.D. student at Osgoode Hall Law School. Research Assistant for the Winkler Institute for Dispute Resolution. Caseworker and Certified Community Mediator with the Osgoode Mediation Clinic.
Article

Access_open Dividing the Beds: A Risk Community under ‘Code Black’?

Journal Netherlands Journal of Legal Philosophy, Issue 2 2021
Keywords Cosmopolitan solidarity, COVID-19, Health care regulation, Risk society, Argumentative discourse analysis
Authors Tobias Arnoldussen
AbstractAuthor's information

    During the COVID-19 crisis a risk of ‘code black’ emerged in the Netherlands. Doctors mentioned that in case of code black, very senior citizens might not receive intensive care treatment for COVID-19 due to shortages. Sociologist Ulrich Beck argued that palpable risks lead to the creation of new networks of solidarity. In this article this assumption is investigated by analyzing the different storylines prevalent in the public discussion about ‘code black’. Initially, storylines showing sympathy with the plight of the elderly came to the fore. However, storylines brought forward by medical organizations eventually dominated, giving them the opportunity to determine health care policy to a large extent. Their sway over policymaking led to a distribution scheme of vaccines that was favourable for medical personnel, but unfavourable for the elderly. The discursive process on code black taken as a whole displayed a struggle over favourable risk positions, instead of the formation of risk solidarity.


Tobias Arnoldussen
Tobias Arnoldussen is Assistant Professor of Jurisprudence at Tilburg Law School.
Article

Access_open Solidarity, Religious Freedom and COVID-19

The Case of the Ultra-Orthodox Sects in Israel

Journal Netherlands Journal of Legal Philosophy, Issue 2 2021
Keywords Social solidarity, COVID-19, Religious freedom, Cultural defence, Ultra-Orthodox sects in Israel
Authors Miriam Gur-Arye and Sharon Shakargy
AbstractAuthor's information

    The article discusses the tension between social solidarity and religious freedom as demonstrated by the refusal of the ultra-Orthodox sects in Israel to comply with COVID-19 regulations. The article provides a detailed description of the refusal to comply with the regulations restricting mass prayer services in synagogues and studying Torah in the yeshivas, thus interfering with the ultra-Orthodox religious life. The article suggests possible explanations for that refusal, based on either religious beliefs or a socio-political claim to autonomy, and discusses whether the polity should be willing to tolerate such a refusal on the basis of the cultural defence. The article concludes that despite the drastic restrictions on religious life caused by the social distancing regulations, and the special importance of freedom of religion, reducing the pandemic’s spread called for awarding priority to solidarity over religious freedom, and the enforcement of social solidarity legal duties – the social distancing regulations – on all.


Miriam Gur-Arye
Miriam Gur-Arye is the Judge Basil Wunsh Professor of Criminal Law, Faculty of Law, The Hebrew University of Jerusalem.

Sharon Shakargy
Sharon Shakargy is a Senior Lecturer at the Faculty of Law, The Hebrew University of Jerusalem.

    This comparative study looks into the proposed “vaccine passport” initiative from various human rights aspects. It was undertaken by the Global Digital Human Rights Network, an action started under the EU’s Cooperation in Science and Technology programme. The network currently unites more than 80 scholars and practitioners from 40 countries. The findings are based on responses to questions put to the network members by the authors of this study in February 2021.


Mart Susi
Mart Susi is Professor of Human Rights Law at Tallinn University, Editor-in-Chief, Action Chair of Global Digital Human Rights Network.

Tiina Pajuste
Tiina Pajuste is Professor of International Law and Security at Tallinn University.

    This study explores the spread of disinformation relating to the Covid-19 pandemic on the internet, dubbed by some as the pandemic’s accompanying “infodemic”, and the societal reactions to this development across different countries and platforms. The study’s focus is on the role of states and platforms in combatting online disinformation.
    Through synthesizing answers to questions submitted by more than 40 researchers from 20 countries within the GDHR Network, this exploratory study provides a first overview of how states and platforms have dealt with Corona-related disinformation. This can also provide incentives for further rigorous studies of disinformation governance standards and their impact across different socio-cultural environments.
    Regarding the platforms’ willingness and efficacy in removing (presumed) disinformation, a majority of submissions identifies a shift towards more intervention in pandemic times. Most submitters assess that this shift is widely welcomed in their respective countries and more often considered as taking place too slowly (rather than being perceived as entailing dangers for unjustified restrictions of freedom of expression). The picture is less clear when it comes to enforcing non-speech related infection prevention measures.
    While the dominant platforms have been able to defend, or even solidify, their position during the pandemic, communicative practices on those platforms are changing. For officials, this includes an increasing reliance on platforms, especially social networks, for communicating infection prevention rules and recommendations. For civil society, the pandemic has brought an increasing readiness – and perceived need – to intervene against disinformation, especially through fact-checking initiatives.
    National and local contexts show great variance at whether platform-driven disinformation is conceived as a societal problem. In countries where official sources are distrusted and/or seen as disseminating disinformation criticism against private information governance by platforms remains muted. In countries where official sources are trusted disinformation present on platforms is seen more negatively.
    While Facebook, Twitter, and Instagram play important roles in the pandemic communication environment, some replies point towards an increasing importance of messaging apps for the circulation of Covid-19-related disinformation. These apps, like Telegram or WhatsApp, tend to fall under the radar of researchers, because visibility of content is limited and scraping is difficult, and because they are not covered by Network Enforcement Act-type laws that usually exclude one-to-one communication platforms (even if they offer one-to-many channels).
    Vis-à-vis widespread calls for a (re)territorialization of their content governance standards and processes amid the pandemic, platform companies have maintained, by and large, global standards. Standardized, featured sections for national (health) authorities to distribute official information via platforms are exceptions thereto.


Matthias C. Kettemann
Prof. dr. Matthias C. Kettemann, LL.M. (Harvard) is head of the research programme “Regulatory Structures and the Emergence of Rules in Online Spaces” at the Leibniz Institute for Media Research | Hans-Bredow-Institut.

Martin Fertmann
Martin Fertmann is a PhD student at the Leibniz-Institut für Medienforschung | Hans-Bredow-Institut’s research programme “Regulatory Structures and the Emergence of Rules in Online Spaces”.

    Terms-of-service based actions against political and state actors as both key subjects and objects of political opinion formation have become a focal point of the ongoing debates over who should set and enforce the rules for speech on online platforms.
    With minor differences depending on national contexts, state regulation of platforms creating obligations to disseminate such actors’ information is considered dangerous for the free and unhindered discursive process that leads to the formation of public opinions.
    Reactions to the suspension of Trump as not the first, but the most widely discussed action of platform companies against a politician (and incumbent president) provide a glimpse on the state of platform governance debates across participating countries.
    Across the countries surveyed politicians tend to see the exercise of content moderation policies of large platform companies very critically
    The majority of politicians in European countries seem to be critical of the deplatforming of Trump, emphasizing fundamental rights and calling for such decisions to be made by states, not private companies
    These political standpoints stand in an unresolved conflict with the constitutional realities of participating countries, where incumbents usually cannot invoke fundamental rights when acting in their official capacities and where laws with “must carry” requirements for official information do not exist for social media and would likely only be constitutional for narrowly defined, special circumstances such as disaster prevention.
    Facebooks’ referral of the Trump-decision to its Oversight Board sparked a larger debate about institutional structures for improving content governance. The majority of participating countries has experience with self- or co-regulatory press-, media- or broadcasting councils to which comparisons can be drawn, foreshadowing the possible (co-regulatory) future of governing online speech.
    Media commentators in participating countries interpreted the deplatforming of Trump as a signal that far-right parties and politicians around the world may face increasing scrutiny, while conservative politicians and governments in multiple participating countries instrumentalized the actions against Trump as supposed proof of platform’s bias against conservative opinions.
    Even without specific legal requirements on content moderation, submissions from several countries refer to a general – often: constitutional – privileging of speech of politicians and office holders. This could potentially support or even compel the decisions of platforms to leave content of political actors up even if it violates their terms of service.


Martin Fertmann
Martin Fertmann is a PhD student at the Leibniz-Institut für Medienforschung | Hans-Bredow-Institut’s research programme “Regulatory Structures and the Emergence of Rules in Online Spaces”

Matthias C. Kettemann
Prof. dr. Matthias C. Kettemann, LL.M. (Harvard) is head of the research programme “Regulatory Structures and the Emergence of Rules in Online Spaces” at the Leibniz Institute for Media Research | Hans-Bredow-Institut.
Article

Access_open Artificial Intelligence and Customer Relationship Management

The Case of Chatbots and Their Legality Framework

Journal East European Yearbook on Human Rights, Issue 1 2021
Keywords artificial intelligence, chatbots, CRM, data protection, privacy
Authors Konstantinos Kouroupis, Dimitrios Vagianos and Aikaterini Totka
AbstractAuthor's information

    In the new digital era as it is formed by the European digital strategy, the explosion of e-commerce and related technologies has led to the formation of tremendous volumes of customer data that could be exploited in a variety of ways. Customer relationship management (CRM) systems can now exploit these data sets to map consumers’ behaviour more effectively. As social media and artificial intelligence widened their penetration, firms’ interest shifted to chatbots in order to serve their customers’ needs. Nowadays, CRM and bots are developed in a parallel way. With the help of these virtual personal assistants, CRM establishes a virtual relationship with consumers. However, the extended collection and use of personal data under this scope may give rise to ethical and legal issues. In this article, the term CRM is defined, followed by an analysis of the way chatbots support CRM systems. In the second part, the legal context of chatbot use will be highlighted in an attempt to investigate whether there are personal data protection issues and whether certain rights or ethical rules are somehow violated. The draft AI Regulation, in combination with the provisions of GDPR and e-Privacy Directive, offers a significant background for our study. The article concludes by demonstrating the use of chatbots as an inherent part of the new digital era and lays special emphasis on the term ‘transparency’, which seems to penetrate the lawfulness of their use and guarantee our privacy.


Konstantinos Kouroupis
Konstantinos Kouroupis: Assistant Professor of European and Data Rights Law, Department of Law, Frederick University, Cyprus.

Dimitrios Vagianos
Dimitrios Vagianos: Electrical & Computer Engineer, Laboratory Teaching staff, Department of International and European Studies, University of Macedonia, Greece.

Aikaterini Totka
Aikaterini Totka: Graduate Student, Department of International and European Studies, University of Macedonia, Greece.
Article

Legislative Effectiveness From a Legislative Drafter’s Perspective

Analysing the Transgender Persons (Protection of Rights) Act, 2019

Journal European Journal of Law Reform, Issue 3 2021
Keywords Effectiveness Test, legislative quality, drafting process, Transgender persons (Protection of Rights) Act, 2019
Authors Devika Gulati
AbstractAuthor's information

    This article discusses the effectiveness of Transgender persons (Protection of Rights) Act, 2019 and tests the legislation against Dr. Maria Mousmouti’s Effectiveness Test. The author first attempts to trace the real purpose of the Act in terms of specific and broad purposes, and the micro, meso and macro goals. Secondly, the author examines the content of the Act in terms of the legislative techniques used, compliance and enforcement mechanism, and legislative communication. Thirdly, the author studies the context of the Act in terms of its coherence, accessibility and the choice of superstructure.
    Finally, the author checks the Act against the element of result where she examines the monitoring, review and evaluation clauses of the legislation, and the mechanism to collect and assess the legislative results.


Devika Gulati
Devika Gulati is a former Legal Research Associate at the Legislative Department, Ministry of Law and Justice, Government of India. She holds an LLM in Drafting Legislation, Regulation, and Policy from University of London (IALS) The views expressed in this article are her own and do not reflect those of any organization.
Article

Sustainability in Global Supply Chains Under the CISG

Journal European Journal of Law Reform, Issue 3 2021
Keywords CISG, sustainability, supply chains, UN Global Compact, Codes of Conduct, conformity of the goods
Authors Ingeborg Schwenzer and Edgardo Muñoz
AbstractAuthor's information

    In this article, the authors assert that the United Nations Convention for the International Sale of Goods (CISG) can contribute to tackling gaps in statutory legislation and defective business conduct that have been associated with unsustainable trade in Global Supply Chains (GSCs). The authors provide evidence that the CISG contains rules enabling a general legal framework for establishing uniform sustainable standards for goods concerning suppliers, sellers and buyers located in different countries. For instance, the CISG provisions on contract formation ease the incorporation of joint codes of conduct for sustainable trade in GSCs. In addition, the contracting parties’ circumstances and current trade usages are now more relevant to determine what constitutes conformity of the goods under the contract and the default warranties in Article 35 CISG. On the level of remedies, the authors show that best-efforts provisions, possibly included in a code of conduct or inferred from standards applicable to the goods, may redefine the notion of impediment in Article 79 CISG, which could lead to exoneration of liability for the seller. They also demonstrate why fundamental breach and the calculation of damages are at the centre of the discussion regarding the remedies for breach of an obligation to deliver sustainable goods.


Ingeborg Schwenzer
Ingeborg Schwenzer is Dean of the Swiss International Law School (SiLS), Professor emerita of Private Law at the University of Basel (Switzerland) and past Chair of the CISG Advisory Council. Dr. iur. (Freiburg i.Br.), LLM (UC Berkeley).

Edgardo Muñoz
Edgardo Muñoz is Professor of Law, Universidad Panamericana. Facultad de Derecho. Calzada Álvaro del Portillo 49, Zapopan, Jalisco, 45010, México. PhD (Basel), LLM (UC Berkeley), LLM (Liverpool), LLB (UIA Mexico), DEUF (Lyon). This research has been funded by Universidad Panamericana through the grant ‘Fomento a la Investigación UP 2020’, under project code UP-CI-2020-GDL-04-DER.
Anniversary: Commemorating the 90th Birthday of Ferenc Mádl, President of the Republic (2000-2005)

Ferenc Mádl, the Hungarian Professor of European Law

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords Ferenc Mádl, private international law, Central Europe, V4, Hungary
Authors Endre Domaniczky
AbstractAuthor's information

    Living in a country under foreign occupation he became engrossed in the science of private law, and (under the influence and with the support of his masters) he started to study the characteristics of socialist, and later of Western European legal systems. Within the socialist bloc, he became one of the early experts on Common Market law, who, following an unexpected historical event, the 1989 regime change in Hungary, was also able to make practical use of his theoretical knowledge for the benefit of his country. In 2021, on the 90th anniversary of his birth and the 10th anniversary of his death, the article remembers Ferenc Mádl, legal scholar, member of the Hungarian Academy of Sciences, minister in the Antall- and Boross governments, former President of Hungary.


Endre Domaniczky
Endre Domaniczky: senior research fellow, Ferenc Mádl Institute of Comparative Law, Budapest.
Developments in International Law

The Evolution of Content-Related Offences and Their Investigation During the First 20 Years of the Cybercrime Convention

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords cybercrime, content-related offence, cyberbullying, privacy, wiretapping
Authors Kinga Sorbán
AbstractAuthor's information

    The Convention on Cybercrime otherwise known as the Budapest Convention was a complex, pioneering instrument addressing cross-border computer crimes in the wake of the 21st century. As the first international treaty aiming to tackle new threats emerging from the cyberspace, the Convention signed in 2001 certainly influenced national regulators and law enforcement over many years. Two decades have passed since 2001 and the Internet era has undergone previously unpredictable changes, as web 2.0 services started to thrive. Even though the Convention can be considered a landmark in international legislation, after 20 years one must eventually assess how well it stood the test of time and whether it still has relevance. This article has no smaller goal but to evaluate the evolution of content-related cybercrimes and try to the question whether the Convention is still fit to tackle contemporary issues or rather, is outdated and ready to retire.


Kinga Sorbán
Kinga Sorbán: junior research fellow, National University of Public Service, Budapest.
Public Health Emergency: National, European and International Law Responses

On the Constitutionality of the Punishment of Scaremongering in the Hungarian Legal System

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords scaremongering, clear and present danger, COVID-19 pandemic, freedom of expression, Constitutional Court of Hungary
Authors András Koltay
AbstractAuthor's information

    Scaremongering criminalized as a limitation to freedom of speech in Hungarian law. In lack of relevant case-law, free speech commentators rarely discussed the provision until the Government took action to step up the fight against the COVID-19 pandemic, and the ensuing amendment of the Criminal Code in Spring 2020 brought the subject back to the forefront of public debate. The article analyses the constitutional issues related to the criminalization of scaremongering, taking the two available Constitutional Court decisions rendered in this subject as guideline. Though the newly introduced legislation attracted widespread criticism in Hungary and elsewhere in Europe, a thorough examination of the new statutory elements makes it clear that public debate and critical opinions may not be stifled by prosecuting individuals for scaremongering. Although the applicable standard cannot yet be determined with full accuracy, the Constitutional Court’s decisions and relevant academic analysis resolve the main issues in order to protect freedom of expression, while the clarification of further details remains a matter for the case-law.


András Koltay
András Koltay: rector and professor of law, University of Public Service, Budapest; professor of law, Pázmány Péter Catholic University, Budapest.
Developments in European Law

Applicability of the GDPR on Personal Household Robots

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords artificial intelligence, robots, personal data, GDPR, scenarios
Authors Gizem Gültekin Várkonyi
AbstractAuthor's information

    Recent developments in artificial intelligence (AI) and robotics point to a close future collaboration between humans and machines. Even though the use of personal robots is not yet a phenomenon, findings in technical and legal literature highlight several possible risks inherent in the processing of personal data by such robots. This article contributes to the current discussions on the applicability of the GDPR to AI technologies from three aspects: (i) first, it encourages the use of a scenario method to predict possible future legal problems related to new technologies; (ii) second, it analyzes considerations with the support of the relevant case-law and present comparative expert opinions for overcoming the weak points of the GDPR relevant to AI; (iii) and finally, proposals made in the recommendations part aim to contribute to a better application of the GDPR to AI technologies in personal use.


Gizem Gültekin Várkonyi
Gizem Gültekin Várkonyi: junior research fellow, University of Szeged.
Public Health Emergency: National, European and International Law Responses

European State Aid Rules in Times of Pandemic

Distorting Competition Between European Airlines?

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords state aid, air transport, airlines, COVID-19 pandemic, Ryanair
Authors Mónika Papp
AbstractAuthor's information

    The outbreak of the COVID-19 pandemic had an immediate and profound impact on mobility and, more specifically, on air passenger transport: airlines were quickly stranded, and the Member States granted aid to air carriers subject to specific eligibility criteria. The Commission reacted swiftly to challenges posed by the COVID-19 pandemic and adopted its Temporary Framework under which vast amounts could be disbursed to market operators. The most controversial eligibility condition set by the Member States is the holding of a national license. This article’s research questions are, first, to explore the conditions under which Member States can grant large amounts of state aid to airlines, and second, to assess whether the requirement to hold a national license is compatible with EU law. By addressing these issues, this article seeks to improve our understanding of EU law’s capacity to tackle distortions of competition.


Mónika Papp
Mónika Papp: research fellow, Centre for Social Sciences, Eötvös Loránd Research Network, Budapest; senior lecturer, ELTE Law School, Budapest.
Review of Hungarian Scholarly Literature

Tamás Molnár, The Interplay Between the EU’s Return Acquis and International Law (Book Review)

Edward Elgar, Cheltenham, 2021, 272 p, ISBN 978-1-83910-522-7

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Authors Izabella Majcher
Author's information

Izabella Majcher
Izabella Majcher: senior legal officer, European Council of Refugees and Exiles (ECRE), Brussels.
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