{"title":"Book Review: <i>De Minimis Aid Under EU Law</i>, by Ricardo Pedro. (The Hague:T.M.C. Asser Press, 2022)","authors":"Anna Nowak-Salles","doi":"10.54648/cola2023106","DOIUrl":"https://doi.org/10.54648/cola2023106","url":null,"abstract":"","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editorial comments: Unfinished Brexit business: The Windsor Framework on the Northern Ireland Protocol","authors":"","doi":"10.54648/cola2023091","DOIUrl":"https://doi.org/10.54648/cola2023091","url":null,"abstract":"","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"213 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139325749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"National constitutional identity as a tool for protecting the autonomy of the EU legal order: <i>Costello v. The Government of Ireland</i>","authors":"Ruairi O’Neill","doi":"10.54648/cola2023100","DOIUrl":"https://doi.org/10.54648/cola2023100","url":null,"abstract":"","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135761987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book Review: <i>The UN Convention on the Rights of Persons with Disabilities and the European Union: The Impact on Law and Governance</i>, by Carmine Conte. (Oxford: Hart Publishing, 2022)","authors":"Jeffrey Miller","doi":"10.54648/cola2023110","DOIUrl":"https://doi.org/10.54648/cola2023110","url":null,"abstract":"","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135761990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article considers legislative approaches to online disinformation in the European Union (EU) and identifies how shifting approaches could undermine applicable fundamental rights standards in the disinformation field. The problem of online disinformation – and its disruptive effects on European elections – has attracted extensive scrutiny at the EU institutional and Member State level. Since 2018, Union institutions have pursued self-regulatory measures for disinformation and have explicitly refrained from including this content in the EU’s intermediary liability regime. A key justification for this approach has been that disinformation generally includes lawful content and that restrictions on lawful content may undermine the right to freedom of expression. As this article maps, however, standards are shifting in the EU legal context regarding online intermediary responsibilities to limit the dissemination of content containing disinformation. This is not only evidenced by a diverse set of Member State laws designed to address misleading electoral communications, but also in several provisions of the Digital Services Act (DSA) which have potential applications in this area. Drawing from relevant case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), this article provides a distillation of key European standards regarding how EU and Member State laws to combat disinformation must ensure compatibility with the right to freedom of expression. This article further considers whether – in light of these standards – divergent legislative approaches to online disinformation in the EU could undermine fundamental rights. Disinformation, Freedom of Expression, CFR, Free Elections, Democracy
{"title":"Lies, liability, and lawful content: Critiquing the approaches to online disinformation in the EU","authors":"Ethan Shattock","doi":"10.54648/cola2023094","DOIUrl":"https://doi.org/10.54648/cola2023094","url":null,"abstract":"This article considers legislative approaches to online disinformation in the European Union (EU) and identifies how shifting approaches could undermine applicable fundamental rights standards in the disinformation field. The problem of online disinformation – and its disruptive effects on European elections – has attracted extensive scrutiny at the EU institutional and Member State level. Since 2018, Union institutions have pursued self-regulatory measures for disinformation and have explicitly refrained from including this content in the EU’s intermediary liability regime. A key justification for this approach has been that disinformation generally includes lawful content and that restrictions on lawful content may undermine the right to freedom of expression. As this article maps, however, standards are shifting in the EU legal context regarding online intermediary responsibilities to limit the dissemination of content containing disinformation. This is not only evidenced by a diverse set of Member State laws designed to address misleading electoral communications, but also in several provisions of the Digital Services Act (DSA) which have potential applications in this area. Drawing from relevant case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), this article provides a distillation of key European standards regarding how EU and Member State laws to combat disinformation must ensure compatibility with the right to freedom of expression. This article further considers whether – in light of these standards – divergent legislative approaches to online disinformation in the EU could undermine fundamental rights.\u0000Disinformation, Freedom of Expression, CFR, Free Elections, Democracy","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135761993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book Review: <i>Responsive Human Rights: Vulnerability, Ill-treatment and the ECtHR</i>, by Corina Heri. (Oxford: Hart Publishing, 2021)","authors":"Natasa Mavronicola","doi":"10.54648/cola2023112","DOIUrl":"https://doi.org/10.54648/cola2023112","url":null,"abstract":"","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In EU citizenship law, dependency is a pivotal concept when it comes to the rights of non-EU family members of Union citizens. Under certain circumstances, those family members may earn a derived right to reside, either because they are dependent on a Union citizen or the latter depends on them. The concept of dependency is particularly crucial in the Ruiz Zambrano doctrine, according to which Article 20 TFEU grants a derivative right to reside in the EU citizen’s home State to the non-EU family member if their departure would compel the dependent Union citizen to leave the territory of the EU as a whole, thus impinging on the substance of citizenship rights. Due to the significance of dependency in Ruiz Zambrano cases, where it triggers the application of EU law, that concept is continuously evolving. This article, therefore, aims to review the development of the notion of dependency, its intertwined dimensions – legal, financial, and emotional – highlighting the differences in the degree of dependency expected in free movement (when required) and in Ruiz Zambrano cases, and the increasingly divergent role of fundamental rights in the appraisal of dependency for children and adults. EU citizenship law, dependency, Ruiz Zambrano doctrine, third-country nationals, free movement law
{"title":"Ties that bind and ties that compel: Dependency and the <i>Ruiz Zambrano </i>doctrine","authors":"Fulvia Ristuccia","doi":"10.54648/cola2023092","DOIUrl":"https://doi.org/10.54648/cola2023092","url":null,"abstract":"In EU citizenship law, dependency is a pivotal concept when it comes to the rights of non-EU family members of Union citizens. Under certain circumstances, those family members may earn a derived right to reside, either because they are dependent on a Union citizen or the latter depends on them. The concept of dependency is particularly crucial in the Ruiz Zambrano doctrine, according to which Article 20 TFEU grants a derivative right to reside in the EU citizen’s home State to the non-EU family member if their departure would compel the dependent Union citizen to leave the territory of the EU as a whole, thus impinging on the substance of citizenship rights. Due to the significance of dependency in Ruiz Zambrano cases, where it triggers the application of EU law, that concept is continuously evolving. This article, therefore, aims to review the development of the notion of dependency, its intertwined dimensions – legal, financial, and emotional – highlighting the differences in the degree of dependency expected in free movement (when required) and in Ruiz Zambrano cases, and the increasingly divergent role of fundamental rights in the appraisal of dependency for children and adults.\u0000EU citizenship law, dependency, Ruiz Zambrano doctrine, third-country nationals, free movement law","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Balancing restrictive measures and media freedom: <i>RT France v. Council</i>","authors":"Viktor Szép, Ramses Wessel","doi":"10.54648/cola2023096","DOIUrl":"https://doi.org/10.54648/cola2023096","url":null,"abstract":"","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book Review: <i>Legal Certainty in the Preliminary Reference Procedure: The Role of Extra-Legal Steadying Factors.</i>, by John Cotter. (Cheltenham: Edward Elgar, 2022)","authors":"Lucía López Zurita","doi":"10.54648/cola2023103","DOIUrl":"https://doi.org/10.54648/cola2023103","url":null,"abstract":"","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book Review: <i>Contract Modifications in EU Procurement Law</i>, by Piotr Bogdanowicz. (Cheltenham: Edward Elgar, 2021)","authors":"Carina Risvig Hamer","doi":"10.54648/cola2023107","DOIUrl":"https://doi.org/10.54648/cola2023107","url":null,"abstract":"","PeriodicalId":47406,"journal":{"name":"Common Market Law Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：