Union Law Research Articles

The Spectre of Re-Fencing Off the Public Domain: Italian Copyright and Cultural Heritage Legal Scenarios

Abstract International and European Union (EU) law jointly promote cultural development as a global and cross-border value, mandating national efforts for the preservation, enjoyment, and enhancement of cultural heritage. Cultural development is also the specific objective underlying Art. 14 of the EU Copyright in Digital Single Market Directive (CDSMD), designed to ensure that works of visual arts in the public domain remain a vital source of cultural enrichment across the Union. Against this backdrop, the Italian legal system is currently showing some resistance against such legal obligations. Its transposition of Art. 14 CDSMD explicitly refers to the applicability of the Italian Cultural Heritage Code, which typically requires permission and, in many cases, a fee payment to use reproductions of works of cultural significance, notwithstanding their public domain status. Concurrently, Italian courts have engineered new forms of exclusivity over cultural heritage belonging to the public domain, ignoring copyright law and other applicable norms. The study examines the Italian legal framework on public domain cultural heritage, unveiling a significant degree of incompatibility with international and EU legal obligations. Through a literal, systematic, and teleological legal analysis, the authors unearth how the Italian legal system fails to balance norms regarding cultural heritage, copyright, and data, thus calling for coordinated EU and national interventions towards a sound application of legal rules safeguarding the public domain.

The role of collective interest representatives in enforcing EU labour rights

This article explores the role of collective interest representatives (CIR) in the enforcement of EU labour rights. To that end, the article starts with an analysis of the regulation of CIR in other fields of EU law, particularly consumer protection law and non-discrimination law. The analysis follows the approach of the Court of Justice of the European Union (CJEU) in cases on the legal standing of actors to enforce EU rights, namely, by defining first the protective scope as a matter of Union law itself based on a textual and teleological analysis and, second, the margin of discretion left to Member States to exercise their own procedural autonomy, including the possibility for Member States to determine locus standi according to their own legal systems. The article continues with drawing inspiration from forms of CIR in international and transnational law, particularly the collective complaints procedure of the European Social Charter (ESC), the representation procedure of the International Labour Organization, and the specific instances of the National Contact Points of the Organisation of Economic Cooperation and Development (NCP OECD). The article concludes with an assessment of the acceptance of CIR in the enforcement of (EU) labour rights from a substantive perspective and elaborates on the possible tasks, requirements, and powers of CIR in enforcing EU labour rights.

Personal Branding "Gemoy"Prabowo (Case Study On The Tiktok Account @Partai Gerindra)

Personal Branding is described as a process or effort to build a unique, strong and relevant self-image in the minds of other people. This involves identifying and building on our personal strengths, abilities, and uniqueness as characteristics that differentiate us from others. One of the social media that reflects Prabowo's branding as "gemoy" is the tiktok account @Partai Gerindra. This research aims to dig deeper into the process of forming Gemoy Prabowo's Personal Branding, especially related to the 'gemoy' image that is seen in his public interactions and increasing popularity and having a significant impact on Tiktok social media. The type of research method used in this thesis is descriptive qualitative research. The importance of this research lies in an in-depth understanding of the relationship between Personal Branding of political figures and public perception of their political image. The theory used is Peter Montoya's theory where Personal Branding marketing is the process of building and strengthening a person's personal image and reputation in the minds of other people. There are eight processes for forming Personal Branding owned by Peter Montonya, namely: 1. Specialization (The Law of Specialization), 2. Leadership (The Law of Leadership), 3. Personality (The Law of Personality), 4. Difference (The Law of Distinctiveness) , 5. Visibility (The Law of Visibility), 6. Unity (The Law of Unity), 7. Firmness (The Law of Peristence), 8. Good name (The Law of Goodwill).The results of the research and discussion are concluded as follows from the results of research conducted on Gemoy Prabowo's Personal Brandingon the Gerindra Party TikTok account, that this Personal Branding has succeeded in creating a strong and positive image among social media users. Gemoy Prabowo was able to build a unique and attractive personal identity by introducing the Gerindra Party to the public via the TikTok platform.

Digital anatomical features of morphological development in the atlantoaxial synchondroses in children aged 1 to 6 years old: a retrospective study of CT images.

To investigate the anatomical indexes and anatomical positional indexes of the atlantoaxial synchondroses in normal Chinese Han children aged 1-6 years, and to analyze the changing law of the atlantoaxial cartilage union with the growth and development of age and its influence on the atlantoaxial ossification in children. A retrospective collection of CT imaging of 160 cases of normal cervical spine in children aged 1 to 6 years old was conducted. The cases were divided into six age groups, with each group representing a one-year age range. Measure the morphological anatomical indicators and anatomical positional indicators of the atlantoaxial synchondroses. Record and statistically analyze the measurements of each indicator. Measurements were taken on various parameters of the atlantoaxial synchondroses. TD, SD, height, area, and perimeter all gradually decreased among the groups. Distance between bilateral atlantal anterolateral synchondroses increased gradually from Group A to Group F, while the angle formed along the long axis in the cross-section showed a decreasing trend. Distance between the axoid dentolateral synchondroses and between the neurocentral synchondroses increased gradually from Group A to Group F, with the angle value in the cross-section showing a gradual decrease, and distance from the odontoid apex increasing from Group A to Group F. The atlantoaxial synchondroses gradually decrease in size with age, and ossification levels increase with age, with faster ossification occurring during a 1-2 years-old period. The anterolateral synchondroses, dentolateral synchondroses, and neurocentral synchondroses all gradually ossify towards the lateral direction with increasing age.

Attributes of the Romanian State. Special View on the Rule of Law

The attributes of a state constitute its defining features and principal values of its constitutional order, which differentiate or resemble it as a political-legal physiognomy from other states. The rule of law, pluralism, democracy, civil society are universal values of contemporary political thought and practice and can be found normatively expressed in international documents, but also in the Romanian Constitution. Starting from the specialised doctrine and jurisprudence of the Constitutional Court of Romania in the matter, this article analyses the attributes of the Romanian state enshrined by the Constitution, respectively: rule of law; welfare state; pluralistic state; democratic state. In this study, a special attention is dedicated to the rule of law, considering the dangers that threaten it in the current period. Legislative inflation, superficial legislation, increasing the role of the Executive in the field of legislation at the expense of Parliament, the intrusions of politicians into the sphere of judicial power are just some of the dysfunctions of the Romanian rule of law. In this context, this article highlights the essential role of the Constitutional Court in guaranteeing and respecting the requirements of the rule of law. Through its jurisprudence, an important contribution is made not only in the correct interpretation and application of constitutional norms, but also in their elaboration. Under the influence of the specific socio-political factors in each country, the pressures of the Union and international law, the rule of law cannot reach perfection, but it remains a fundamental constitutional necessity whose primary purpose is to ensure the rights and freedoms of citizens. Keywords: attributes of the state, rule of law, the jurisprudence of the Constitutional Court of Romania, dysfunctionalities of the Romanian rule of law.

Climate change and forced migration

Abstract Climate change is increasingly recognized as a significant driver of migration patterns worldwide. As the global temperatures rise, extreme weather events become more frequent, leading to disruptions in livelihoods displacement, and migration. Every day, climate change becomes a more urgent economic, social and existential threat to countries and their people. Climate changes are becoming more and more evident every day, a factor that undoubtedly directly or indirectly affects the displacement of populations. This article provides answers to basic questions starting with how, and where climate change triggers migration and displacement, the second question is if we have a definition for the climate migration, or climate refugee, can they have protection from the Convention relating to the Status of Refugees and the last analysis is the inadequacy of the protection afforded by international law and European Union law and the Albania Legislation to individuals who leave their country of origin for reasons related to environmental issues. The methodology used to answer the questions of this paper includes desk review on existing literature, legal texts, reports from international organizations, legal framework regulating climate migration rights and the decision of the UN Human Rights Committee (HRC) regarding the “climate refugees”, the case of Teitiota v New Zealand.

The Institute of Enhanced Cooperation in European Union Law: Evolution of Legal Regulation

INTRODUCTION. The article presents the evolution of legal regulation of the institution of enhanced cooperation as a legal form of flexible integration in European Union (EU) law. Flexible integration is a fairly widespread and objectively existing legal phenomenon in the practice of various integration associations. However, it is within the framework of EU law that the concept of enhanced cooperation has received the greatest development and legal regulation. This was largely due to the EU's desire to regularize and subordinate alternative forms of co natural that interstate cooperation within the framework of one or another integration cooperation acquires more and more complex character, and cooperation of the member states of an integration association within the framework of one or another direction of interaction has uneven and heterogeneous character. MATERIALS AND METHODS. The methodological basis of the study was traditional general scientific and special methods of cognition of legal phenomena: comparative legal method; method of scientific analysis; formal legal method; method of synthesis of social and legal phenomena.RESEARCH RESULTS. As a result of the analysis, the main stages of development of prerequisites and reasons for the legal regulation of enhanced cooperation have been identified and the periodization of the development of legal regulation of this institution has been proposed. DISCUSSION AND CONCLUSIONS. Within the framework of the proposals on the periodization of the development of legal regulation of the institution of enhanced cooperation the following stages can be distinguished. The first stage can be labeled as “pre-Amsterdam”. This period is characterized by the formation of conceptual foundations of enhanced cooperation as a legal form of flexible integration. Within the framework of the “pre-Amsterdam” period there is an application of some form of flexible integration (Schengen, euro zone, etc.). The conceptualization of enhanced cooperation as a form of flexible integration was the basis for the normative-legal consolidation of this institution in the founding treaties of the EU. The next stage can be called “Amsterdam-Nicean”. Although the institution of enhanced cooperation received different names in the Amsterdam and Nice versions of the establishing treaties, it seems possible to unite this period into one: despite the normative-legal consolidation of enhanced cooperation as a form of flexible integration, the relevant norms of the establishing treaties have not actually received practical application. Finally, the next stage – the “Lisbon” period is characterized by the active ap[1]plication of the norms of the establishing treaties in the EU practice, including judicial.

Challenges and opportunities in managing biodegradable plastic waste: A review.

Biodegradable plastics have certain challenges in a waste management perspective. The existing literature reviews fail to provide a consolidated overview of different process steps of biodegradable plastic waste management and to discuss the support provided by the existing legislation for the same. The present review provides a holistic overview of these process steps and a comprehensive relative summary of 13 existing European Union (EU) laws related to waste management and circular economy, and national legislations plus source separation guidelines of 13 countries, to ensure the optimal use of resources in the future. Following were the major findings: (i) numerous types and low volumes of biodegradable plastics pose a challenge to developing cost-effective waste management infrastructure; (ii) biodegradable plastics are promoted as food-waste collection aids, but consumers are often confused about their proper disposal and are prone to greenwashing from manufacturers; (iii) industry-level studies demonstrating mechanical recycling on a full scale are unavailable; (iv) the existing EU legislation dealt with general topics related to biodegradable plastics; however, only the new proposal on plastic packaging waste and the EU policy framework for bioplastics clearly mentioned their disposal and (v) clear disparities were observed between disposal methods suggested by national legislation and available source separation guidelines. Thus, to appropriately manage biodegradable plastic waste, it is necessary to develop waste processing and material utilization infrastructure as well as create consumer awareness. In the end, recommendations were provided for improved biodegradable plastic waste management from the perspective of systemic challenges identified from the literature review.

The Brussels effect in Ankara: the case of climate policy

Abstract Turkey’s Europeanization process provides a particularly interesting case study of the extra-jurisdictional impact of European Union (EU) law, both through policy convergence and through the so-called Brussels effect. Formally, Turkey must adopt certain EU rules due to its status as an EU candidate country, but its candidacy process has been lengthy and uncertain, resulting in partial and uneven adoption of EU rules. Nevertheless, EU-style policymaking has persisted in various policy areas, including environmental and climate policy. This paper aims to analyze the convergence of climate change policies between the EU and Turkey by employing multidimensional scaling, a method that enables the visualization and examination of the connectivity and intensity of cooperation between states. For the period from 2007 to 2023, our comparative analysis demonstrates that policy divergence occurs when the EU’s share of Turkey’s total trade decreases and when political challenges are experienced. On the other hand, periods of policy convergence coincide with periods of increased trade volume and expanded trade opportunities. The results suggest that through its market size and regulatory capacity, the EU exerts soft power which forces Turkey to align its climate policies with the EU to protect and maintain its competitiveness in the European marketplace.

“(…) here I have freedom”—A study of refugees' and asylum seekers' legal consciousness in Greece: Self‐identity, human rights, and expectations from European Union law

AbstractThis paper adds to the existing knowledge on migration and the law by empirically exploring the legal consciousness of 33 refugees and asylum seekers in Greece, more specifically, by discussing how their experiences, self‐identity and expectations of the law inform their reactions to the restrictions imposed upon them. The findings suggest that (1) legal knowledge is acquired in the countries of origin and from contact with smugglers, other migrants, law enforcement agents and staff from NGOs; (2) this knowledge allows them to forge an identity as “rights‐bearers,” which (3) together with perceptions and expectations of human rights law and European Union policies on migration, (4) empower them to claim protection from the Greek state, and (5) legitimizes their actions, even if these sometimes involve subterfuge. Despite their particularly vulnerable positions, refugees and asylum seekers are, therefore, not mere passive receivers of state power, but also try to use the law to overcome adversity, in an almost game‐like fashion.

Is a distributive analysis enough? A critical take on the case law of the European Court of Justice

ABSTRACT This essay articulates both empirical and historical insights of a distributive analysis, which entails presenting a critical intervention in a legal field dominated by a mainstream scholarly or policy view that is both ideologically tainted and empirically inaccurate. The transition from distributive consequences to what critical scholars refer to as a distributive analysis is a strategic intervention within each specific legal field that ought to be historicised. This article shows how the application of a distributive analysis to two canonical case studies in consumer law and gender discrimination as two distinct and relatively marginal fields in European Union law developed through the jurisprudence of the European Court of Justice. Finally, this article questions whether a distributive analysis, without a theoretical grounding in critical theory, is sufficient to ensure that it is not only an empirical tool but also committed to not perpetuating the existing inequalities within the liberal or neoliberal foundations of the European legal order.

Соотношение права на соразмерное уменьшение цены с возмещением убытков: сравнительно-правовой аспект

The work is devoted to the comparative analysis of the proportionate price reduction in the context of its comparison with damages in international instruments of unification of private law and foreign legislations. The author comes to the conclusion that Civil law systems and instruments of private law unification have a legal tradition of distinguishing between price reduction and damages as separate remedies, which may provide a considerable argument for distinguishing between these remedies in Russian law.

LEGAL ANALYSIS OF EU ARTIFICIAL INTELLIGENCE ACT (2024): INSIGHTS FROM PERSONAL DATA GOVERNANCE AND HEALTH POLICY

Background: This study correlates the up-to-date ethical, functional and legal evaluations related to the management and governance of artificial intelligence (AI) under European Union (EU) law, particularly impacting the health data sector and medical standards as provided by the Artificial Intelligence Act within the Regulation adopted by the European Council in May 2024. The initial proposal for the management and governance of the AI sector was submitted in April 2021. Three years later, on 13 March 2024, the European Union Artificial Intelligence Act (EU AIA) was adopted by the European Parliament. Subsequently, on 21 May 2024, the Council adopted an innovative legislative framework that harmonises the standards and rules for AI regulation. This framework is set to take effect in May 2026, with the central objective of stimulating and motivating a fair, safe, legal single market that respects the principles of ethics and the fundamental rights of the human person. Methods: The current legal analysis focuses on the European Union’s new institutional governance involving a multistage approach to managing health data, ethical artificial intelligence, generative artificial intelligence and classification of types of AI by considering the degree of risk (e.g. artificial intelligence systems with limited risk and systems with high risk) and medical devices. It outlines the legal framework for AI regulation and governance in the EU by focusing on compliance with the previously adopted legislation in the Medical Devices Regulation (2017) and the In-Vitro Diagnostic Regulation (2017). The paper also examines the application of the newly adopted EU Artificial Intelligence Act in relation to national justice systems, previous EU regulations on medical devices and personal data protection regulation, and its correlation with the European Court of Human Rights jurisprudence. This opens up complex discussions related to judicial reform and access to justice. For this purpose, as a research objective, the legal analysis includes an innovative perspective following an integrative discussion on the latest legal reforms and regulations of the AI sector in Eastern Europe launched in 2024 with a special focus on the latest developments in the EU Candidate Countries namely Ukraine and the Republic of Moldova. Results and conclusions: The present research facilitates the exploration of the real benefits of managing innovative AI systems for medical data, research, and development, as well as within the medical technology industry.

The impact of EU law on national legal systems and the world order

The article analyzes the impact of EU law on national legal systems and the world order. With the collapse of the Soviet Union, the EU began active work on strengthening its authority and influence. In the 1990s, the EU (whose members also belonged to the Council of Europe) made the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms (with Protocols) (European Convention on Human Rights) a necessary condition for EU membership, which involved a lot of preparatory work in the field of human rights for candidate countries. The founding treaties of the EU, in contrast to ordinary international treaties, established a new legal order with its own institutions, in favor of which states limited their sovereign rights in increasingly wide areas, the subjects of which are not only member states, but also their citizens. The active development of integration processes taking place within the framework of the EU leads to further convergence and closer interaction of the national legal systems of the member states with the EU, as a result of which the circle of legal relations, which are legally regulated by the norms of EU law, is expanding. A key role in the proper functioning and implementation of these norms (EU law) is played by the specific procedure of their implementation into the national law of the member states, which is understood as the process of transposition of the norms of EU law, including the creation of the order and procedures for their introduction into the national legal systems of the member states. With the deepening of European integration, the constitutionalization of EU law began: the founding treaties evolved from a set of agreements binding only on member states to founding treaties that provide the basis of a single legal regime. This regime grants rights and imposes obligations on all public and natural persons on the territory of the EU, since the norms of the founding treaties have direct effect and absolute supremacy, forming a kind of integration legal system. Currently, there is a close connection between EU law and the national legislation of the EU member states. The impact of EU law on the national legal systems of candidate countries for EU membership is indisputable. These trends suggest that while the emergence of Community (now Union) law has given rise to a new legal order, distinct from national law, these historically distinct legal orders now form a common legal system.

Brussels in Strasbourg: Theoretical Reflections on the Impact of European Union Law on the Case-Law of the European Court of Human Rights

Brussels in Strasbourg: Theoretical Reflections on the Impact of European Union Law on the Case-Law of the European Court of Human Rights

The Role and Place of Prosecutorial Supervision over the Activities of the Eurasian Economic Commission in the field of Antimonopoly Regulation within the Framework of the Functioning of the Eurasian Economic Space

Currently, taking into account the new circumstances in which the economy operates, greater importance is attached to such an economic association as the Eurasian Economic Union. The article analyzes one of the areas of authority vested in the Commission — the sphere of competition policy, since the Commission considers applications, conducts investigations, considers cases of violation of competition rules, sends appropriate requests for information to consider cases of violation of competition rules, if a violation or signs of a violation have been committed on the cross-border market of the Union. But who exercises control and supervisory functions over the activities of this body and should there be such control and supervision? This article will be devoted to these issues, which require analysis taking into account the scientific approach and law enforcement. The author analyzes the powers of the Eurasian Economic Commission in the field of competition policy. Reveals such gaps in Union law as the lack of a mechanism for challenging determinations of refusal to initiate proceedings on violation of competition rules and other powers of the Eurasian Economic Commission.

Constructing African Union Law and Rethinking Supranationalism in African Integration: What Lessons from the European Union?

Abstract This Article examines the development and scope of African Union (AU) law and its role as a facilitator of and contributor to regional integration in Africa. The Article addresses several interlinked questions relating, but not limited, to the sources and foundations of AU law, the role of AU policy organs in the making of AU law, the extent to which EU law presents a comparative framework or useful precedent for analysing and understanding AU law, and the role of supranationalism in the economic and political integration of its member states and in the development of AU law. The Article argues that it is necessary to amend the AU Constitutive Act and other relevant AU legal instruments to enhance the supranational authority and legislative powers of the AU. It concludes that AU supranationalism needs to be rethought, but it need not uncritically mimic the EU’s approach to supranationalism in every respect.

Role of court precedents in the development of EU law and the legal systems of the candidate states: Examples of Ukraine and Moldova

The judgements of the Court of Justice of the European Union play a fundamental role in shaping the EU acquis. The relevance of this study lies in their impact not only on the law enforcement practice within the Union, but also on the trends in the development and amendment of the EU regulations. Considering the above, the purpose of this study was to determine the role of judgements of the Court of Justice of the European Union in shaping the law of the European Union and the legal systems of the candidate states. The methodological framework of this study was based on general scientific and special research methods, such as analysis and synthesis, induction, interpretation, formal logical, and comparative legal methods. The study established the existence of a link between the structural and functional evolution of the Court of Justice of the European Union and the increasing weight of its judgements; the study identified the channels of influence of its judgements on the establishment and development of European Union law. The study outlined the current challenges faced by the judges of the Court of Justice of the European Union and which affect the efficiency of its work. Based on the analysis of the judicial practice of Ukraine and Moldova regarding the use of judgements of the Court of Justice of the European Union, the study substantiated the general significance of judicial precedent in the context of European integration of the candidate states, as well as potential problems of their widespread use in the judicial practice of these states. The practical significance of the findings obtained is that they can be used in educational programmes for training specialists in the field of European law, to develop strategies and policies aimed at integrating candidate states into the EU, ensuring their compliance with the legal standards of the Union

Next Generation EU Product Liability – For Digital and Other Products

Abstract The new Directive on Product Liability is hard to overestimate, as it is nothing less than a complete overhaul of the 1985 Product Liability Directive (PLD), which still lies at the heart of EU tort law. One focus of the reform act is the challenge posed by digital transformation. To accommodate the new category of digital devices, the concept of product is widened so as to include software and related services, and the strict ex ante perspective for the finding of product defect is attenuated to account for continued control of the manufacturer post-marketing. Further to broadening the scope of application, the protective perimeter of the Directive is expanded, namely to include data used for private purposes. The second focus of the reform act, of at least equal importance, are changes to the liability regime for products of any kind, regardless of their digital nature or elements. Thus, e-commerce intermediaries such as platforms are ushered into the scope of the Directive as new defendants, alongside manufacturers, importers, and distributors. With a view to quantum, the € 500 retention for property damage had to go, together with the authority of the Member States to impose a cap on liability under the Directive. Unfortunately, there was no time to revisit the foundations of product liability. Thus, the new Directive holds on to the consumer protection gospel of product liability and excludes commercial property from the scope of protection, even though there is no good reason to discriminate against business interests. As before, national law must and will step in to fill in the gaps in Union law, perpetuating the double-track liability systems that the 1985 Directive helped to create.

Enforcement Design Patterns in EU Law: An Analysis of the AI Act

In recent decades, the enforcement of European Union (EU) law has transitioned from being primarily the responsibility of Member States to becoming an increasingly shared or centralised task at the EU level. Drawing on the concept of legal design patterns, this article presents these two broadly understood enforcement approaches as decentralised and centralised enforcement patterns, and examines the AI Act through this conceptual lens. The objective of this exploration is to highlight that the choice of enforcement mechanisms for EU laws comes with different sets of challenges, in general, and to contribute to the understanding of the AI Act’s enforcement structure, in particular. In this paper, we ground our analysis on the theoretical framework of legal design patterns in order to reduce the regulatory complexity into comparable problem-solving elements. Under this framework, we (1) examine the enforcement framework of the AI Act, and we (2) draw comparative lessons from the General Data Protection Regulation (GDPR), an EU legislation which is based on the largely decentralised enforcement model. On this basis, we (3) discuss some of the potential implications of the decentralised enforcement of the AI Act, and consider the possible reasons behind this choice of enforcement model.