Suchergebnisse - "German law journal"

Illiberal Constitutionalism: The Case of Hungary and Poland von Drinóczi, Tímea, Bień-Kacała, Agnieszka

“… This Article argues that, as far as Hungary and Poland are concerned, the use of term “illiberal constitutionalism” is justified. It also claims that, without …”
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Populism, authoritarianism and constitutionalism von Halmai, Gábor

“… The paper deals with the relationship of different types of populism with authoritarianism and constitutionalism. In the first part, I try to define various …”
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Linking Money to Values: The New Rule of Law Conditionality Regulation and Its Constitutional Challenges von Baraggia, Antonia, Bonelli, Matteo

“… In December 2020, the EU institutions finally approved the new Rule of Law Conditionality Regulation after a controversial legislative process. The new …”
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Adtech and Real-Time Bidding under European Data Protection Law von Veale, Michael, Zuiderveen Borgesius, Frederik

“… This article discusses the troubled relationship between contemporary advertising technology (adtech) systems, in particular systems of real-time bidding (RTB, …”
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The Brussels Side-Effect: How the AI Act Can Reduce the Global Reach of EU Policy von Almada, Marco, Radu, Anca

“… Over the last few years, artificial intelligence (AI) technologies have become embedded in various domains of social life, prompting legislative efforts at …”
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The Architecture of Functional Jurisdiction: Unpacking Contactless Control—On Public Powers, S.S. and Others v. Italy , and the “Operational Model” von Moreno-Lax, Violeta

“… Available accounts on jurisdiction, effective control, and the reach of human rights protections fail to provide a coherent construction that is principled and …”
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New Horizons for the Rule of Law Within the EU von Lenaerts, Koen

“… The purpose of this Article for this special issue of the German Law Journal is to argue that “integration through the rule of law” defines what the European …”
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The two faces of populism: Between authoritarian and democratic populism von Bugaric, Bojan

“… Populism is Janus-faced; simultaneously facing different directions. There is not a single form of populism, but rather a variety of different forms, each with …”
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Using Terms and Conditions to apply Fundamental Rights to Content Moderation von Quintais, João Pedro, Appelman, Naomi, Ó Fathaigh, Ronan

“… Large online platforms provide an unprecedented means for exercising freedom of expression online and wield enormous power over public participation in the …”
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Abusing Constitutional Identity von Scholtes, Julian

“… Increasingly, populists and authoritarians have discovered for themselves the notion of constitutional identity as a practical excuse to sidestep transnational …”
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Limits on Limitations: The Essence of Fundamental Rights in the EU von Lenaerts, Koen

“… The concept of the essence of a fundamental right—set out in Article 52(1) of the Charter of Fundamental Rights of the European Union (the “Charter”)—operates …”
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Border Justice: Migration and Accountability for Human Rights Violations von Costello, Cathryn, Mann, Itamar

“… This introductory Article sets out the premise of the Special Issue, the entrenched and pervasive nature of human rights violations in the context of migration …”
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Recipe for Success?: Lessons for Strategic Climate Litigation from the Sharma , Neubauer , and Shell Cases von Peel, Jacqueline, Markey-Towler, Rebekkah

“… The urgency of the global climate problem has prompted an increasing turn to the courts to accelerate action. While still a relatively new phenomenon, …”
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The Rise and Fall of Judicial Self-Government in Poland: On Judicial Reform Reversing Democratic Transition von Śledzińska-Simon, Anna

“… This article argues that the establishment of the National Council of the Judiciary in 1989 and the empowerment of the general assemblies of court judges gave …”
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Varieties of populist constitutionalism: The transnational dimension von Blokker, Paul

“… Populist constitutionalism is an increasingly discussed topic, but so far the analysis of the interrelation between populism and constitutionalism lacks a more …”
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When Is a Decision Automated? A Taxonomy for a Fundamental Rights Analysis von Palmiotto, Francesca

“… This Article addresses the pressing issues surrounding the use of automated systems in public decision-making, specifically focusing on migration, asylum, and …”
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Strategic Litigation in EU Law: Who does it Empower? von Cebulak, Pola, Morvillo, Marta, Salomon, Stefan

“… Strategic litigation is a form of legal mobilization, where actors bring cases before judges not only to win in court, but also to pursue broader political, …”
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Data Portability and Data Control: Lessons for an Emerging Concept in EU Law von Graef, Inge, Husovec, Martin, Purtova, Nadezhda

“… The right to data portability (RtDP) introduced by Article 20 of the General Data Protection Regulation (GDPR) forms a regulatory innovation within EU law. The …”
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Legal Infrastructures: Towards a Conceptual Framework von Byrne, William Hamilton, Gammeltoft-Hansen, Thomas, Stappert, Nora

“… This Article provides the outline for a conceptual framework focusing on legal infrastructures, comprised of socio-material assemblages and entangled legal …”
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Minimum Legal Standards in Reparation Processes for Colonial Crimes: The Case of Namibia and Germany von Theurer, Karina

“… In 2021, the German and Namibian governments published a Joint Declaration as a result of their negotiations on reparations. Ovaherero and Nama representatives …”
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