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Copyright and Fundamental Rights in the Digital Age
This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.
Personal Participation in Criminal Proceedings
This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Transnational Law
This book examines the effects of law's de-nationalisation by placing European law in the context of transnational law.
Internet Law and Protection of Fundamental Rights
The protection of fundamental rights in the digital age is increasingly at the core of Internet law. The massive spread of digital and algorithmic technologies is raising questions that are intimately constitutional. Rights and freedoms are exposed to the opportunities and challenges of digital technologies, thus leading to different constitutional reactions. The book is structured in three parts. It starts by providing a focus on the primary questions around the Internet, particularly the regulation and governance of the digital environment, the jurisdictional challenge and the access to the Internet. Then, the second part of the book examines the law of online content, looking at the protection of freedom of expression in the real and the digital world, the law of online intermediaries, the challenges raised by disinformation and hate speech, and specific sectors such as copyright and audiovisual media services. The third part analyses the field of privacy and data protection by looking at their historical roots, the role of the GDPR and specific challenges, particularly the right to be forgotten, data retention and the transfer of data.
The Post-Digital Enterprise
A new wave of digital technologies has impacted the business world like a tsunami. But after a first phase characterized by hype and unrealistic expectations, there is now a shared need for a better understanding of how to create real and sustainable value by adopting these technologies. This book suggests a pragmatic approach to value creation by embracing the post-digital mindset: a more mature attitude toward digital innovation focused on putting these technologies at work rather than marveling at them. After the illustration of a post-digital manifesto, the book explores all the key topics and tools that are relevant for the decision makers in this context.
Italian Populism and Constitutional Law
This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.
The Global Community Yearbook of International Law and Jurisprudence 2014 (Volume 1)
The 2014 edition of 'The Global Community Yearbook' both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. This edition includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the intervention of the United States and coalition partners in territories under the control of the Islamic State of Iraq and the Levant (ISIL) to the weak area in the institutional and normative framework of the Revised Treaty of Chaguaramas.
The Internet and Constitutional Law
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Research Handbook on EU Internet Law
The Internet has brought about unprecedented changes to modern life, creating a connected society but also radically opening up the question of how to design and apply legal rules in a digital world. This thoroughly revised second edition provides an updated exploration of the latest developments and controversies in European Internet law.
