Blog Archive
Taking Stock of the European Commission’s 2019-2024 Mandate in the Agri-food Sector: What Progress Towards Sustainability?
At the end of the European Commission 2019-2024 mandate, this post reflects on the legislative changes proposed by the European Commission to improve the sustainability of the agri-food sector. Overall, the new regulatory developments can be seen as a positive step towards sustainability in the sector, but much remains to be done as the definition of sustainability remains unclear and many areas do not appear to be on the path to sustainability, argues Clara Colonna.
Read moreImbalance of Power in the Copyright Tug-of-War between Press Publishers and Internet Service Providers: The Example of Poland’s implementation of Digital Single Market Directive
The rise of digital platforms like Google and Facebook has transformed the media landscape, allowing them to distribute press publishers’ content while often monetising it without fair compensation. To address this, the EU introduced the Digital Single Market Directive (DSM), aiming to ensure fair use and remuneration for publishers. However, Poland’s implementation of the DSM has faced significant hurdles, revealing the challenges in establishing effective secondary rights for publishers and enforcement mechanisms, argues Malgorzata Kozak.
Read moreThe Law and Practice of Global ICT Standardization: Economic Governance through Private Standards Bodies
The functioning of technologies largely relies on standards – technical specifications that ensure that devices, systems and networks “talk” to each other. Due to the rapid pace of digital development, standards are increasingly assuming regulatory, economic and societal roles. How do these standards come to being? How, if at all, can their increasing regulatory function be legitimized? And what is their role in the current legal order? In her new book, Olia Kanevskaia attempts to provide answers to these and many other legal questions arising around ICT standardization.
Read moreThe CJEU judgments in C-117/20 bpost and C-151/20 Nordzucker: Fundamental rights as a vehicle for hybrid enforcement mechanisms?
In its recent judgments in bpost and Nordzucker, the CJEU held – in essence – that to prevent a violation of the ne bis in idem guarantee in Article 50 of the Charter of Fundamental Rights of the European Union, public authorities need to cooperate and coordinate their punitive enforcement actions, also when they are active in different policy areas or in other jurisdictions. According to Michiel Luchtman, the paradoxical result seems to be that to prevent one fundamental right from being violated, it is necessary to accept (sometimes intrusive) interferences with other rights. Has the Court now entered a slippery slope, eliminating fundamental rights barriers, to promote the effective enforcement of EU law? And if so, at the expense of what?
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