Union Legal Research Articles

The novelties of the European Union legislation on the liability of Internet intermediary service providers

The article highlights the novelties of legal liability of providers of intermediary services on the Internet introduced by the latest legislation of the European Union. The author analyzes the changes in the concept and conditions of bringing and exempting Internet intermediaries from liability for the actions of users of intermediary services and the damage caused by the provision of such services. The author identifies specific reforms introduced by the Digital Services Act of the European Union. Innovations in other European Union legal acts regulating legal relations involving certain types of intermediary service providers are outlined.

Marriage Equality Around the World: A Myth or Reality

Abstract: First comes love, then comes marriage, then comes the baby in the carriage." This children's riddle shows that the right to marry and start a family is granted to many, but not to all. The prominent Call for legalizing same-sex marriage is growing around the world, but whether and to what extent that acceptance will lead to amplified social acceptance of lesbian, gay, bisexual, and transgender (LGBT) people. As the relationship of lesbian and gay couples has been considered taboo for centuries. The legalization of same-sex unions, or marriage equality, has been a persistent global concern. The rights of the LGBT+ community have seen a considerable shift in recent years, with the legalization of same-sex marriages in many nations. By 2023, 34 nations have allowed same-sex Marriage; the Netherlands was the first to do so in 2001. Only one nation in Asia (Taiwan) and one nation in Africa (South Africa) permit same-sex unions, with the majority of these nations being in Europe and the Americas. The LGBT+ community still experiences prejudice and persecution in many nations where same-sex marriage is illegal. Even the death penalty is used as punishment for homosexuality in some nations. Despite this, the initiative for marriage equality is still flourishing, with more and more nations recognizing same-sex couples' legal rights to marry and getting the same protections and advantages as opposite-sex couples.

Implementation of the European Union Legal Framework for Electric Vehicles in Montenegro

Transitioning to electric drive and using energy from renewable sources can help in the decarbonisation process globally. Wider usage of electric vehicles and charging infrastructure development depend on the legislative and regulatory framework. In this paper, we have analyzed the legal and regulatory framework for electromobility in the European Union. This analysis is conducted to propose adequate measures which should be implemented in Montenegro to accelerate electric vehicle adoption. Proposed measures must be in accordance with the current legislative and regulatory framework in the European Union. Additionally, a brief overview of current state in this area in Southeast Europe countries is conducted. We would like to initiate changes in Southeast European countries to make progress in this area.

Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State

AbstractContrary to predominant European constitutional narratives assuming the alignment between the European Union legal framework and national constitutional orders, this Article points at the current misalignment between the prevailingly purposive European Union institutional order and the prevailingly open character of the Democratic and Social Constitutional State. The evolutionary trajectories leading to the current status quo are examined by distinguishing an age of openness, in which the institutional frameworks of both the European Economic Communities and the Democratic and Social Constitutional State lent themselves to a range of competing legislative renderings, from an age of purposiveness opened by the Treaty of Maastricht, in which a neoliberal policy agenda was gradually entrenched in the Treaties, with the result of undermining the adaptability and inclusiveness of European public law structures. To counter this development, this Article identifies in a drastic deconstitutionalization of the Economic and Monetary Union the key move to favor the realignment of the European Union and the Democratic and Social Constitutional State.

An analysis of the international and European Union legal instruments for holding artificial intelligence accountable

Despite being applauded as a great technological breakthrough of the current century, Artificial Intelligence (AI) technology and its operations keep attracting condemnations because of the failure by most countries to regulate and hold AI accountable. This assertion is made against the backdrop that mostly, AI perform functions and activities just like human beings, as such, AI is prone to make mistakes which might even negatively impact human beings and violate human rights. Mistake calls for accountability. This paper accentuates that even if there are no clear provisions in some country’s statute books, there are existing international and European Union legal instruments for regulating and holding AI accountable should it erred. Methodologically, using literature review research approach, this paper highlights and discusses selected but salient international and European legal instruments which have direct and indirectimpacts on AI, especially pertaining to regulation, liability and accountability.

“Can You Complete Your Delivery?” Comparing Canadian and European Union Legal Statuses of Platform Workers

In December 2021, the European Commission proposed a directive creating five criteria for the presumed classification of platform economy workers as salaried employees. The issue is timely, of course, as the digital organisation of work continues to grow rapidly. Our article contrasts the merits and limitations of this initiative to the Canadian experience concerning so-called independent contractors in the platform economy. In fact, Canadian labour law has long recognised a third status of workers—dependent contractors. It permits collective bargaining, while platform workers remain autonomous, notably for tax purposes. Immediately, the striking similarities between the European Union’s five criteria and judicial tests applied by Canadian labour tribunals seem to indicate that both entities are moving in the same direction. However, the federal structure of labour law in Canada and the single market’s social dimension also pose important challenges regarding the uniform implementation of new protections. Based on recent fieldwork in Toronto, and as the European Union directive moves into the approval and implementation stages, our article addresses the research question of how basic labour rights in the platform economy progress similarly (or differently), and which actors are driving the change on each side of the Atlantic. We argue that this policy field provides labour market actors with opportunities for “institutional experimentation” navigating the openings and limitations of federalism.

Victim’s Paradigm in European Union Criminal Law

The victim’s legal status and participatory rights in criminal proceedings vary among the European Union member states, which can potentially hinder the harmonisation of the field of criminal law. The aim of this article is to reveal the main features that determine the victim’s paradigm in European Union criminal law by focusing on the rights which the member states are obliged to guarantee in their criminal justice systems. Considering that criminal proceedings must result in a fair balance of interests of the parties involved, this article concludes that, in the victim’s paradigm enshrined in the European Union legal acts concerning the area of criminal law, the victim must be endowed with certain procedural rights, however, for that very reason, as an actor of the criminal justice system, the victim might be required to participate in the proceedings.

Политический процесс в современной Франции: общество и власть

In modern France, power and society are developing in different directions. President E. Macron has built a rigid “vertical of power”, which was further strengthened under the conditions of the COVID-19 pandemic. Power in France has exceptional autonomy and an ability to make and implement decisions that do not have public support. The president can implement reforms by decree, and the prime minister – relying on the Article 49.3 of the Constitution, which allows laws to be passed without a vote in parliament. Society, in turn, has become more demanding in the field of obtaining individual rights and expanding political rights. While power was growing more and more “vertical”, society developed in the opposite direction. The individual rights of citizens have expanded (legalization of same-sex unions and sex change); French citizens have become more demanding of representative institutions and politicians. It is customary to consider French society depoliticized. In reality, modern French people, even if they don’t go to the polls and don’t trust political parties, are interested in politics. The mood of “critical citizenship” has become widespread in society, an increasing number of citizens would like to participate in political decision-making, and the ideas of direct democracy are very popular. The multidirectional development of society and power inevitably gives rise to a systemic socio-political conflict. The protests against raising the retirement age from 62 to 64 that unfolded in France in 2023 were a continuation of the protest movements of past years. Three scenarios for the development of the political situation in France are formulated: normalization; political crisis and way out of it; renewal of the political regime.

“Frozen” Valorization of Judges’ Salaries in Poland in the Light of Europe Union Legal Standards

The material independence of judges is one of the essential guarantees of their independence and, at the same time, the proper functioning of the judiciary. Of course, one should not conclude from this that there is a simple relationship between independence and the material status of judges, nor should one presume a general prohibition on reducing judicial salaries. Undoubtedly, however, commensurate remuneration is permanently linked to the question of judicial independence. The aim of this article is to analyze premises of the permissibility of “freezing” adjustment of judges’ salaries in the light of international legal standards. The article is based on a specific factual situation, as in 2023, that basic salary adjustment for judges of common courts in Poland was “frozen” for the third year in a row.

Decentralized Finance, Non-Fungible Tokens and Money Laundering: Is the European Union Legal Framework Ready to Address Financial Crime Risks Arising from the Crypto Business while Fostering Innovation?

Decentralized Finance, Non-Fungible Tokens and Money Laundering: Is the European Union Legal Framework Ready to Address Financial Crime Risks Arising from the Crypto Business while Fostering Innovation?

Rozwój sztucznej inteligencji i jej wpływ na rynek finansowy

The purpose of this article. The aim of the article is to analyze selected issues related to artificial intelligence and its development, particularly its impact on the financial market, taking into account the opportunities and threats that artificial intelligence and its areas, such as machine learning or deep learning, pose to financial market participants. The research methods utilized in the study were used to evaluate the phenomenon on a macroeconomic scale. Methodology. The results of the research were based on the analysis of secondary data, such as source literature – both domestic and foreign, systems analysis of European Union legal acts, as well as the review of reports on the use of AI within the financial market. The paper is theoretical. The result of the research. The development of artificial intelligence in financial markets may provide an opportunity to gain competitive advantage, especially for financial market participants who aptly implement AI-based solutions in its initial phase. However, this entails both benefits and risks, the possible occurrence of which depends on many other factors.

Actors and Roles in EU Law: Asking ‘Who Does What?’ in the European Union Legal System

Introduction to the special section – Actors of EU law – Activities of EU actors – Role definition in EU constitutional law – Constitutional theory – Separation of powers –Relationship between public authorities and individuals – Institutional actors – Private actors – Lobbyists – Law and practice – Legal doctrine – Research methods in EU law – Importance of theoretical frameworks in defining the parameters of legal research

The European Court of Justice's Transformation of its Approach towards Preliminary References from Member State Administrative Bodies

AbstractAccording to Article 267 TFEU, a ‘court or tribunal of a Member State’ can make a preliminary reference to the Court of Justice. The Court applies a single, homogeneous definition of a ‘court or tribunal’. This has allowed it to admit references from those specialised, independent, administrative bodies that in several Member States have been established instead of administrative courts to decide claims under public law, including EU law. Whether such a ‘dispute settling’ body is entitled to submit a preliminary reference normally depends upon whether it commands sufficient ‘independence’ vis-à-vis both the parties to the dispute and the public administration as such. The Court has tightened these requirements appreciably in connection with the threats against the independence of the judiciary in some Member States, and the consequent more prominent roles that Articles 19 TEU and 47 of the Charter have come to play. Whereas safeguarding the rule of law is of utmost importance, these provisions pursue objectives within the Union's legal order which are materially different from those pursued by Article 267. In this article, it is therefore argued that the Court should apply different constructions of the independence criterion with respect to these provisions.

The EU and protracted displacement: providing solutions or creating obstacles?

ABSTRACT In this paper, we explore how the European Union (EU) legal and policy framework relates to protracted displacement. To this end, we examine the existing legal, policy and institutional framework both in the EU and globally, including the Common European Asylum System (CEAS), the 2015 ‘European Agenda on Migration’, and the New Pact on Migration and Asylum. Analytically, we employ Norbert Elias’ concept of ‘figurations’ as a conceptual lens to describe and identify distinct constellations of relationships, norms and social interactions between different actors shaping approaches towards protracted displacement. We argue that policies on protracted displacement are shaped by a triangle of three figurations – the migration-security figuration, the humanitarian-refugee relief figuration, and the protection-rights figuration. We trace how the migration-security figuration has gained the upper hand in recent years and what this means for EU policies addressing protracted displacement. We conclude that the EU is an actor that facilitates, rather than addresses, protracted displacement, and the Pact on Migration and Asylum further cements that role.

Essential jobs, remote work and digital surveillance: Addressing the COVID-19 pandemic panopticon.

An unprecedented COVID‐19‐induced explosion in digital surveillance has reconfigured power relationships in professional settings. This article critically concentrates on the interplay between technology‐enabled intrusive monitoring and the augmentation of managerial prerogatives in physical and digital workplaces. It identifies excessive supervision as the common denominator of “essential” and “remotable” activities, besides discussing the various drawbacks faced by the two categories of workers during (and after) the pandemic. It also assesses the adequacy of the current European Union legal framework in addressing the expansion of data‐driven management. Social dialogue, workers' empowerment and digital literacy are identified as effective ways to promote organizational flexibility, well‐being and competitiveness.

European union legal and regulatory update

European union legal and regulatory update

Occurrence of aflatoxin M1 in yogurt and milk in central-eastern China and the risk of exposure in milk consumers

We investigated the occurrence of aflatoxin M1 (AFM1) in yogurt and milk, including pasteurized, ultra-high temperature (UHT), and extended shelf life (ESL) milk samples, from central-eastern China and assessed the risk of AFM1 exposure in consumers. We collected 845 milk samples, consisting of yogurt (329), pasteurized milk (288), ESL milk (120), and UHT milk (108) from Hubei, Zhejiang, and Fujian provinces during winter season. The AFM1 levels in milk samples were determined using a validated enzyme-linked immunosorbent assay method. We detected AFM1 in 194 yogurt samples (59.0%) and 427 milk samples (82.8%). Four yogurt samples (1.2%) and 14 milk samples (2.7%) exceeded the European Union legal limit (50 ng/L) but were below the Chinese legal limit (500 ng/L). AFM1 concentration was lower in UHT milk than that in ESL and pasteurized milk (p < 0.05). Infants between 2 and 3 years of age had the highest risk of AFM1 exposure, with the estimated daily intake of 0.25 and 0.23 ng/kg bw/day for male and female groups, respectively. Therefore, AFM1 contamination in milk products should be monitored and reduced to lower levels, given the high prevalence and the risk of AFM1 exposure in infants.

ОБЩЕСТВЕННЫЙ КОМПРОМИСС В ВИКТОРИАНСКОЙ АНГЛИИ В ИССЛЕДОВАТЕЛЬСКОМ ПОЛЕ НОВОЙ СОЦИАЛЬНОЙ ИСТОРИИ

This article is devoted to the methodology for studying the practice of social compromise in Victorian society in the context of the evolution of the modern scientific paradigm and the transformation of the space of scientific search. The current scientific focus of the new social history puts sociocultural practices at the center of its concern. From a methodological perspective, the latter are implicitly governed by the inherent principle of interdisciplinarity, as shown here using the example of the social processes in Victorian England. The practice of social consensus, which has been shaped through the research process, is helpful to consider, using the sociocultural approach, the social and cultural components of the evolution of Victorian society. The results obtained demonstrate that a complex of economic, political, and social practices developed during the period under study, and it significantly changed the sociocultural landscape of public relations in England. The formation of these practices was influenced by the following features characteristic of Victorian society: consistent electoral reforms, the legalization of trade unions, the spread of cooperatives, the democratization of government institutions, the emigration of low-skilled workers, the formation of a new social ideology, and the increase in the educational level of workers. As a form of conflict resolution, the consensus was reached through the prism of combining cultural norms and values of the polar strata of society, where the expanding middle class acted as a stabilizer of the common worldview space. The English social compromise was formed under the conditions of both industrial and imperial successes, made it possible to overcome the socioeconomic crisis, and laid the foundations of the modern European political strategy for pre-empting possible causes of conflict. The most important finding of this investigation is that the constructed research model of social compromise can be expanded by complicating the subject of research and by restructuring epistemologically the historian’s tools while using the multidimensionality of the transdisciplinary approach and further pushing the boundaries of research.

Resolving presidential term limits in transitional justice processes: Revisiting the 2015 Burundi Crisis

The efforts to resolve the conflict in Burundi through the implementation of transitional justice have been fraught with many challenges. The crisis in Burundi took a new twist in June 2020 with the sudden passing of one of the major roleplayers, President Pierre Nkurunziza. However, this has not resolved the crisis in any significant way so far, and it is imperative to revisit and examine some of the underlying legal issues and draw some lessons for the future. In this article, I argue that the Burundi crisis, arising from the third-term bid of then President Nkurunziza, presented a conflict of two legal orders—the domestic constitutional order of Burundi and the African Union legal order as embodied in a number of regional treaties, principally, the African Union Constitutive Act and the Charter on Democracy and Governance. This clash made it difficult, if not impossible, to achieve a different outcome when expectations came in direct conflict with decisions of the highest court in the Burundian legal order. External actors should be more circumspect and approach election-related legal processes more cautiously, because, ultimately, it is the domestic courts that will decide such cases.

THE PRINCIPLE OF PRIMACY OF EUROPEAN UNION LAW: A COMPARATIVE APPROACH IN RELATION TO THE CONSTITUTIONAL LAW OF THE MEMBER STATES OF THE EUROPEAN UNION

At the supranational level of the European Union legal order, the Principle of Primacy of European Union Law holds a prominent position, as one of the general principles of European Union Law, in relation to the Constitutional Law of the Member States of the European Union. The objective of this scientific research is to scientifically highlight the reasons for the primacy of European Union Law in relation to the national Constitutional Law. The purpose of this scientific research is to cure the non-uniform implementation of Primary and Secondary European Union Law that arises in various affairs of citizens of the European Union by national Authorities in the interpretation of European Union Law. The methodology of writing the scientific research is based on the use of the current Primary European Union Law and the current jurisprudence of the Supreme Court of Justice of the European Union in conjunction with the recent scientific theory in the cognitive object of European Union Public Law. Emerges the nature of its Principle of Primacy of European Union Law emerges. For scientific analysis in the research field of Comparative Law, the scientific, modern and external comparative method of the macro-comparison is used. After reading of this scientific research, the readership will own the appropriate scientific tools which scientifically substantiate the primacy of European Union Law in relation to the Constitutional Law of the Member States of the European Union.