The online ‘Conference on the bindingness of EU soft law’ was organized by the Ereky Public Law Research Center at Pázmány Péter Catholic University (Hungary), the Universidad de Castilla-La Mancha (Spain), and the Portsmouth Law School (United Kingdom) on 9 April 2021. The presentations described EU soft law instruments’ legal effect on EU institutions and the Member States. The soft law instruments of different policy fields were also examined, including the analysis of the language of EU soft law. |
Search result: 49 articles
Conference Reports |
Conference on the Bindingness of EU Soft LawReport on the ‘Conference on the Bindingness of EU Soft Law’ Organized by Pázmány Péter Catholic University, 9 April 2021, Budapest |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | conference report, soft law, Pázmány Péter Catholic University, bindingness, Grimaldi |
Authors | Vivien Köböl-Benda |
AbstractAuthor's information |
Article |
Participation in the European Public Prosecutor’s OfficeMember States’ Autonomous Decision or an Obligation? |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2020 |
Keywords | European Public Prosecutor’s Office, EPPO, OLAF, European criminal law, Eurojust |
Authors | Ádám Békés |
AbstractAuthor's information |
The aim of the present study is to examine recent developments concerning the European Public Prosecutor’s Office (EPPO), focusing on the conflict between the EU and the Member States not participating in the enhanced cooperation setting up the Prosecutor’s Office. To provide an overall picture about EPPO’s future operational relations, the study first presents the EPPO’s future cooperation with other EU bodies and draws some critical conclusions. Based on these reflections, the study aims to discuss the EU’s alleged intention and strategy to cope with and solve the problem of non-participating Member States, assessing the probable role of the Prosecutor’s Office and other related EU bodies, institutions and legal measures in this struggle, while also considering recent declarations of the leaders of EU institutions. |
Article |
|
Journal | Corporate Mediation Journal, Issue 1 2020 |
Keywords | cross-border mediation, crises, Covid-19 |
Authors | Pierre Kirch |
AbstractAuthor's information |
The purpose of this article is to share some practical reflections on cross-border mediation and its application to Private Competition Disputes in Europe, at this time of crisis. The outbreak of the COVID-19 pandemic has led to a rethinking of methods of dispute resolution, everywhere. In Europe, whether before the European Union courts in Luxembourg or the civil and commercial courts in the Member States, judicial procedures are at a standstill at the time of writing (mid-2020). Once the courts get going again, it will probably take years to get the judicial system back in good working order. It may be necessary to take shortcuts to get the system back in shape, such as cancellation of hearings, recourse to summary forms of justice, etc. That is not what the parties bargained for at the outset of their judicial procedure. |
Article |
|
Journal | Erasmus Law Review, Issue 2 2019 |
Keywords | machine-generated data, Internet of Things, scientific research, personal data, GDPR |
Authors | Alexandra Giannopoulou |
AbstractAuthor's information |
Data driven innovation holds the potential in transforming current business and knowledge discovery models. For this reason, data sharing has become one of the central points of interest for the European Commission towards the creation of a Digital Single Market. The value of automatically generated data, which are collected by Internet-connected objects (IoT), is increasing: from smart houses to wearables, machine-generated data hold significant potential for growth, learning, and problem solving. Facilitating researchers in order to provide access to these types of data implies not only the articulation of existing legal obstacles and of proposed legal solutions but also the understanding of the incentives that motivate the sharing of the data in question. What are the legal tools that researchers can use to gain access and reuse rights in the context of their research? |
Article |
The New Regulation Governing AIR, VIR and ConsultationA Further Step Forward Towards ‘Better Regulation’ in Italy |
Journal | European Journal of Law Reform, Issue 4 2019 |
Keywords | regulation, RIA, regulatory impact analysis, impact assessment, evaluation, consultation |
Authors | Victor Chimienti |
AbstractAuthor's information |
This article describes the scope and contents of the newly adopted regulation governing regulatory impact analysis (RIA) and ex post evaluation of regulation (ExPER) in the Italian legal system. The article shows that this regulation has the potential to improve regulatory governance in Italy. Not only does it introduce innovations designed to increase transparency and participation, especially through strengthened consultation and communication mechanisms, but it also aims to improve the quality and effectiveness of regulatory analysis and evaluation activities. How the new regulation will be applied in practice, however, remains to be seen. In the meantime, the new set of rules are a welcome addition to Italy’s Better Regulation policy. |
Book Review |
Csongor István Nagy (ed.) – Investment Arbitration and National Interest (Book Review) |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2019 |
Authors | Tamás Szabados |
Author's information |
Article |
The European Charter for Regional or Minority LanguagesSpecific Features and Problems of Application |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2019 |
Keywords | European Charter for Regional or Minority Languages, protection of minority languages, protection of regional languages, supervisory regime |
Authors | Gábor Kardos |
AbstractAuthor's information |
As was the case after the Great War, World War II was followed by the setting up of international legal regimes to protect national (national, ethnic, linguistic, and religious) minorities in Europe. The emerging ideas of universalism and European unity were to prevent the aftermath of World War I, a conflict which erupted as a result of Western focusing the system of European minority protection on Central and Eastern Europe. The European Charter for Regional or Minority Languages protects minority languages, without granting minority rights. It provides an á la Carte system of obligations, with a supervisory system hinged on government reports. The Charter was intended to be a ‘high politics’ treaty. Nevertheless, with the protection of the minority linguistic heritage and the indirect provision of minority linguistic rights, it meant a first step towards bringing an end to the 19th century processes linguistic homogenization of the budding nationstates. As such, its implementation is highly political. The minority languages protected by the Charter are strongly varied in nature. If we add this factor to the á la Carte system of obligations, the sheer complexity of the system prevents evaluations of the Committee of Experts from being as consistent as they should be. An important contribution of the soft supervisory mechanism is that it at least puts some problematic issues on the agenda, however, experience has shown that the transposition of treaty obligations into national law is always a simpler task than creating the substantive conditions for the actual use of minority languages. |
Article |
The International Trading System and Market DistortionsRevisiting the Need for Competition Rules within the WTO |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2019 |
Keywords | cross-border business activities, developing countries, multilateral competition rules, trade and competition, WTO |
Authors | Franziska Sucker |
AbstractAuthor's information |
As a result of the interconnectedness of the global economy, cross-border activities of economic operators are soaring. Their business practices are not governed by multilateral rules, but merely, if at all, by regional or national laws. As a result, they are potentially subject to over- or under-enforcement and -regulation or to conflicting rules. The resultant legal uncertainties and, therefore, potential lack of discipline for practices facilitates the development of dominant positions and anticompetitive behavior. This advances market distortions to the detriment of diverse offerings and the competitiveness of small market players, especially in economically weak developed countries. Such unfavorable developments could be reduced by preventing market concentration and disciplining anticompetitive behavior. I argue that multilateral rules alone would ensure that cross-border activities of economic operators are subject to uniform rules, irrespective of which country’s or region’s market is affected; and thus, provide legal certainty for current gaps. Moreover, in spite of the resistance of numerous countries to include competition disciplines within the World Trade Organization (WTO), rules aimed at dismantling barriers to trade created by private economic operators are not only theoretically desirable but indispensable in the long term to avoid an erosion of the WTO system by effectively replacing state-created barriers. The increasing role of supply chains and the rising volatility of international commodity prices should give all, albeit particularly the economically weak developed countries, reason to pause and revisit an issue that has significant implications for the competitiveness of their economic operators. |
Article |
|
Journal | Erasmus Law Review, Issue 1 2019 |
Keywords | Justizinitiative Frankfurt, Law Made in Germany, International Commercial Disputes, Forum Selling, English Language Proceedings |
Authors | Burkhard Hess and Timon Boerner |
AbstractAuthor's information |
The prospect of attracting foreign commercial litigants to German courts in the wake of Brexit has led to a renaissance of English-language commercial litigation in Germany. Leading the way is the Frankfurt District Court, where – as part of the ‘Justizinitiative Frankfurt’ – a new specialised Chamber for International Commercial Disputes has been established. Frankfurt’s prominent position in the financial sector and its internationally oriented bar support this decision. Borrowing best practices from patent litigation and arbitration, the Chamber offers streamlined and litigant-focused proceedings, with English-language oral hearings, within the current legal framework of the German Code of Civil Procedure (ZPO).1xZivilprozessordnung (ZPO). Noten
|
Article |
|
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Keywords | modern mediation, principled negotiations, competition law |
Authors | Pierre Kirch |
AbstractAuthor's information |
To analyse the advantages of mediation as a means of resolution of private competition disputes, it is helpful to look backwards to the underlying principles upon which modern mediation has been built. The principles that now guide leading mediation institutions in Europe are still based on the foundation that was laid by the methods of principles negotiations, written down in Getting to Yes: Negotiating Agreement without Giving In, by Fisher and Ury. |
Article |
Recommendation on Common Principles for Collective Redress Mechanisms |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2018 |
Authors | Írisz E. Horváth |
Author's information |
Article |
The Competition Law Provisions of the 60-Year-Old Treaty of RomeWhat Has Changed, What Has Not, and What Has Been Left Out |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2018 |
Authors | Tihamér Tóth |
Author's information |
Article |
Fixed Book Price RegimesBeyond the Rift between Social and Economic Regulation |
Journal | European Journal of Law Reform, Issue 3 2017 |
Keywords | fixed book price policies (FBP), Brazil, Resale Price Maintenance (RPM), social regulation, antitrust law |
Authors | Carlos Ragazzo and João Marcelo da Costa e Silva Lima |
AbstractAuthor's information |
Brazil is currently discussing the introduction of a nation-wide Fixed Book Price (“FBP”) policy, thus providing context for a discussion of its welfare benefits. There is a rift between the reasons for implementing FBP regimes, and those used to scrutinize them. In order for the debate surrounding the pros and cons of implementing FBP regimes to become more productive, one must investigate the links between the reasons for designing and enforcing such policies, on one side, and standard antitrust analysis, on the other. There are many interesting arguments at the table that both corroborate and compromise the case for an FPB policy. However, throughout history, these policies have experimented cognizable trends. The objective FBP regimes pursue and their design have changed subtly, yet relevantly throughout history. In our view, the current academic and public policy debate surrounding FBP regimes, in both countries considering adopting or revoking them, would benefit from an enhanced awareness of these trends and their policy implications. Ultimately, so would the antitrust analysis of these policies. We argue that a better grasp of these trends could potentially result in a more sober examination of the welfare risks associated with FBP policies. |
Article |
Digital Justice: Introduction |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Authors | Ethan Katsh and Orna Rabinovich-Einy |
Author's information |
Article |
A More Forceful Collective Redress Schemes in the EU Competition LawWhat Is the Potential for Achieving Full Compensation? |
Journal | European Journal of Law Reform, Issue 4 2016 |
Keywords | full compensation, private enforcement, damages actions, collective actions, deterrence |
Authors | Žygimantas Juška |
AbstractAuthor's information |
The damages actions reform of the European Union is predetermined to fail in achieving its stated goal of full compensation. There are two main reasons for this. First, the Directive on damages actions fails to maintain a balance between the claims of direct and indirect purchasers. Second, the EU policy is not designed to collect a large group of antitrust victims, who have suffered only a low-value harm (e.g., end consumers). The only way to achieve compensation effectiveness is to overstep the bounds of the EU compensatory regime, which is trapped in the grip of conservatism. In such circumstances, this article will explore three forceful scenarios of collective redress that include different types of deterrence-based remedies. The principal aim is to assess the chances of these scenarios in achieving full compensation. After assessing them, the best possible mechanism for compensating victims will be designed. In turn, it will allow the evaluation of to what extent such a scheme can ensure the achievement of full compensation. |
Article |
Piecemeal Harmonization of European Civil LawThe Case of Limitation Periods in the Antitrust Damages Directive |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2016 |
Authors | Miriam Buiten |
Author's information |
Article |
The CJEU and the Interpretative Principles as Vehicles for Development of Damages Actions in EU (Competition) LawAny Room for Overcompensation? |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2016 |
Authors | Petra Weingerl |
Author's information |
Article |
The European Leniency Programme and the European Cartel Settlement ProcedureGeneral Overview and Selected Issues |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2016 |
Authors | Botond Horváth |
Author's information |
Article |
Un-Constitutionality of the Dodd-Frank Act |
Journal | European Journal of Law Reform, Issue 1 2015 |
Keywords | Dodd-Frank Act, enforcement games, systemic risk, financial services regulation, constitutional law |
Authors | Michael I.C. Nwogugu |
AbstractAuthor's information |
‘Restoring American Financial Stability Act’ of 2010 (‘RAFSA’ or the ‘Dodd-Frank Act’) was the first set of statutes in any country that attempted to simultaneously address the Global Financial Crisis, the national securities law framework, the structure of the executive branch of the federal government, and delegation of powers to federal government agencies (to the detriment of state governments). Other countries have enacted statutes that are similar to RAFSA. However, RAFSA and similar statutes in many countries are inefficient and have failed to address the fundamental problems in financial systems, and parts of RAFSA are unconstitutional. |
Article |
|
Journal | The Dovenschmidt Quarterly, Issue 4 2014 |
Keywords | cooperative law, company law, EU harmonization, business form, governance |
Authors | Ger J.H. van der Sangen |
AbstractAuthor's information |
In this article, the phenomenon of path dependency has been addressed in view of the harmonization of cooperative law in the EU. The question is raised whether and how the legislative harmonization has an impact on co-operators in their efforts of setting up and maintaining efficient cooperative organizations and whether in this respect the Statute for the European Cooperative Society (hereinafter: SCE) is a helpful tool to facilitate the enhancement of national statutes on cooperatives as well as to provide the legal infrastructure to facilitate cross-border cooperation amongst and reorganizations of cooperatives in the EU. |