论英国脱欧的法律后果(以个人数据保护为例)

IF 0.1 Q4 AREA STUDIES Contemporary Europe-Sovremennaya Evropa Pub Date : 2021-10-31 DOI:10.15211/soveurope520214555
M. Entin, D. Galushko
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引用次数: 1

摘要

这篇文章探讨了英国退出欧盟的法律后果。以个人数据保护范围为例。本文的目的是研究和分析英国终止欧盟成员国身份的法律方面,其对各方之间跨境个人数据转移的影响,以及这一领域法律监管的发展。文章表明,尽管签署了《脱欧协议》和《贸易与合作协议》,但法律法规的复杂性,以及对利益相关方利益的潜在矛盾和威胁的出现。个人数据保护领域清楚地表明,尽管英国方面希望实现法律监管的主权化,但其法律体系仍然依赖于欧盟的法律秩序。英国对个人数据的国家监管将受到欧盟主管当局的持续监督,这间接证实了英国未能实现完全归还委托主权的目标。结论是,欧盟法院仍然保留其对联合王国的管辖权,特别是在对充分性决定提出质疑的可能性方面,以及通过在与个人数据保护有关的问题上采用其自己的做法。
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On the Legal Consequences of Brexit (on the example of personal data protection)
The article explores the legal consequences of the UK's withdrawal from the European Union. The scope of personal data protection was taken as an example. The purpose of the article is to study and analyze the legal aspects of the termination of the UK's membership in the European Union, its impact on the cross-border transfer of personal data between the parties, as well as the development of legal regulation in this area. The article shows that, despite the signing of the Withdrawal Agreement, as well as the Trade and Cooperation Agreement, there is a complication of legal regulation, as well as the emergence of potential contradictions and threats to the interests of interested parties. The sphere of personal data protection clearly demonstrates that despite the desire for the sovereignization of legal regulation on the part of the UK, its legal system remains dependent on the legal order of the European Union. The UK's national regulation on personal data will be under constant monitoring by the competent EU authorities, which indirectly confirms the failure to achieve the goals of the full return of the UK's delegated sovereign powers. It is concluded that the EU Court of Justice still retains its jurisdiction over the United Kingdom, in particular, in connection with possibility to challenge decisions on adequacy, as well as through the adoption of its own practice on issues related to personal data protection.
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来源期刊
CiteScore
0.70
自引率
40.00%
发文量
0
期刊介绍: “Contemporary Europe” – is academic journal founded in 2000 by Institute of Europe, Russian Academy of Sciences. 4 The journal published quarterly since 2000 under auspices of the Russian Academy of Sciences. Editorial board and editorial staff consider themselves as a mirror of contemporary Russian political, economical and social sciences in general, we eager to reflect in the journal’s pages current level of Russian-European relations, European Studies in Russia and European Union. “Contemporary Europe” focused on the problems of relations and cooperation between Russia and European Union, economical, political, cultural, religious situation in Russia and European countries. “Contemporary Europe” have managed to occupy a leading place in the community of experts on European Studies. Among our authors and members of Editorial Board – scholars, famous political scientists, experts in Foreign affairs. Our journal distributing throughout government institutions, embassies, research centers, libraries in Russia and abroad. The journal has nowadays more than 1000 thousand regular subscribers. The data on our readership convincingly show that the journal is actively and frequently used as a kind of text book by university students. Thus, visitors to public libraries might often come across outworn copies of the journal – evidence of its frequent (and regrettably rather rough) use by the readers. Book reviews occupy a significant part “Contemporary Europe” to presenting to our readers most of the publications of interest appearing in Russia and European Union.
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