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Judicial Application of European Union Law in post-Communist Countries
This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and comparing transformations of national judicial systems in the context of EU membership, the book contributes to the EU legal theoretical debate on the relationship between 'authority' and 'coherence'. The author develops an original analytical framework of coherence to assess the application of EU law by national courts and uses interdisciplinary scientific methods and research design that combine legal doctrinal and social science methodology to the study of 'classical' legal questions. Providing an extensive database of 2004-2009 national judgments of national courts in Latvia and Estonia, the book offers an extensive comparative review of the jurisprudence of constitutional and supreme courts, as well as providing insight into the jurisprudence of ordinary national courts. It will appeal to legal scholars and political scientists studying courts and jurisprudence.
Civil Liability Regime for Artificial Intelligence
The findings of this European added value assessment (EAVA) suggest that the revision of the EU civil liability regime for artificial intelligence systems (AI) would likely generate substantial economic and social added value. The current preliminary analysis suggests that by 2030, EU action on liability could generate €54.8 billion in added value for the EU economy by stepping up the level of research and development in AI and in the range of €498.3 billion if other broader impacts, including reductions in accidents, health and environmental impacts and user impacts are also taken into consideration. A clear and coherent EU civil liability regime for AI has the potential to reduce risks...
Democratising the EU from Below?
For the European Union of the 21st century, the search for sustainable prosperity and stability includes the challenge of reconciling democratic ideals and practices with the construction of a European constitutional order. From the 2001 Laeken Summit to the 2009 Lisbon Treaty and beyond EU leaders have repeatedly set out to bring citizens closer to EU governance by making it more democratic and effective yet several national ratification referendums have shown that publics are divided about whether and why to endorse or veto complex EU reform packages imposed from the top down. Despite these limitations people do effectively engage in the making of a European polity. By initiating national ...
Cross-border Recognition of Adoptions
The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at the EU level. The substantive scope of the EAVA is limited to the issues related to the recognition of adoptions in EU Member States. The substantive family law issues, as well as issues related to the recognition of convention adoptions, within the meaning of the 1993 Hague Convention on Intercountry adoptions, are not covered in this assessment.
Digital Services Act
This study analyses the potential European added value (EAV) that could be achieved by enhancing the current EU regulatory framework on digital services. The scope of the assessment includes the analysis of the e-Commerce Directive and more broadly of commercial and civil law rules applicable to commercial entities operating online. The EAV is assessed quantitatively and qualitatively. Based on the comparative legal analysis, 22 main gaps and risks that currently affect provision of online services in the EU are identified, and policy solutions are proposed to address these shortcomings. The results of macroeconomic modelling suggest that taking common EU action to enhance consumer protectio...
Multilayered Representation in the European Union
The evolving European Union brings up vital questions about where democracy is heading. The book contributes to this discussion by offering critical appraisals and constructive propositions by eminent experts engaging with the novel configuration of "multilayered representation". Key issues are the "European Multilevel Parliamentary Field", the role of European Jurisprudence for representation, and the emerging European public sphere.
Expedited Settlement of Commercial Disputes in the European Union
This European Added Value Assessment (EAVA) argues that an EU procedure for the expedited settlement of commercial disputes could generate European added value for the EU economy and businesses in the range of €3.7 to 5.7 billion annually. This includes direct economic impacts of between €1.6 and 2.4 billion, and in additional €2.1 to 3.3 billion in indirect and induced benefits for the wider economy. European added value can be created through increases in the direct contribution of revenue from litigation services to the EU economy (€1.6 to 2.7 billion) and through a reduction in opportunity costs to business associated with the duration of judicial proceedings (€2.1 to 3.0 billion).
A Common EU Approach to Liability Rules and Insurance for Connected and Autonomous Vehicles
The findings of this European added value assessment (EAVA) suggest that it is necessary to revise the current legislative EU framework for liability rules and insurance for connected and autonomous vehicles. Not only would revision ensure legal coherence and better safeguarding of consumers rights but it would also be likely to generate economic added value. It is argued that accelerating the adoption curve of driverless or autonomous vehicles (AVs) by five years has the economic potential to generate European added value worth approximately €148 billion.
European Framework on Ethical Aspects of Artificial Intelligence, Robotics and Related Technologies
The EU can become a global standard-setter in the area of artificial intelligence (AI) ethics. Common EU legislative action on ethical aspects of AI could boost the internal market and establish an important strategic advantage. While numerous public and private actors around the globe have produced ethical guidelines in this field, there is currently no comprehensive legal framework. The EU can profit from the absence of a competing global governance model and gain full 'first mover' advantages. Building on the EU's economic and regulatory powers, common EU legislative action has great potential to provide European industry with a competitive edge. Furthermore, EU action can facilitate the ...
An EU Mechanism on Democracy, the Rule of Law and Fundamental Rights
European Parliament legislative initiative reports drawn up on the basis of article 225 of the Treaty on the Functioning on the European Union are automatically accompanied by a European Added Value Assessment (EAVA). Such assessments are aimed at evaluating the potential impacts, and identifying the advantages, of proposals made in legislative initiative reports. This EAVA accompanies a legislative initiative report prepared by Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) (rapporteur: Sophie in 't Veld (ALDE, Netherlands) presenting recommendations to the Commission on an EU mechanism on democracy, the rule of law and fundamental rights. The main conclusion of ...
