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General Principles of EU Law and the EU Digital Order

ISBN13: 9789403511658
To be Published: January 2020
Publisher: Kluwer Law International
Country of Publication: Hardback
Format: The Netherlands
Price: £120.00

General Principles of EU Law and the EU Digital Order addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union’s (EU’s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules.

What’s in this book:

Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to:

  • effects of the technological disruption on the doctrine of general principles;
  • the resilience of general principles in the digital society;
  • the need to rely on new general principles in the digital society;
  • the realization of the digital single market;
  • the safeguarding of fundamental rights and the rule of law.
The contributors are highly esteemed scholars from major European universities and experts in the field. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent case law of Court of Justice of the European Union on the impact of digitalization.

How this will help you:

Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.

EU Law, IT and Internet Law
General Issues
The Resilience of the EU Single Market’s Building Blocks in the Face of Digitalization
Sybe A. de Vries
The Principle of Sincere Cooperation, the Charter and Digitalisation
John Temple Lang
Judicial Development of EU Fundamental Rights Law in the Digital Era: A Fresh Look at the Concept of ‘General Principles’
Dorota Leczykiewicz
Principles and Rights
The Approach of the CJEU in the Era of Digitalization: Free Movement in Relation to the Internet at Its 25th Anniversary
Ulla Neergaard
Proportionality Beyond the Constitution: The Impact of the Principle on EU Digitalization Legislation
Ton van den Brink
General Principles of EU Law for the Collaborative Economy
Vassilis Hatzopoulos
EU Non-discrimination Law in the Era of Artificial Intelligence: Mapping the Challenges of Algorithmic Discrimination
Raphaële Xenidis & Linda Senden
Here, There and Everywhere: The Right to Privacy in the Context of Good Administration in Cross-Border Coordination of Social Security Matters
Jaan Paju
EU and Digital Rights
Balancing Fundamental Rights as a Method for Enforcing Digital Copyright in the EU: Exploring the Institutional Implications
Antonina Bakardjieva Engelbrekt
The Gravitational Force of the Charter of Fundamental Rights in EU Copyright Law
Stefan Kulk
Proportionality in the CJEU’s Internet Copyright Case Law: Invasive or Resilient?
Tuomas Mylly
Competition Law and Related Issues
General Principles of European Competition Law and the ‘Modern Bigness’ of Digital Power: The Missing Link Between General Principles of Public Economic Law and Competition Law
Anna Gerbrandy
Portability in Datasets under Intellectual Property, Competition Law, and Blockchain
Björn Lundqvist
Applying the Principle of Proportionality in the Assessment of Online Sales Restrictions: Does the ECJ Manage to Strike a Balance?
Helene Andersson
Data Protection
Anarchy, State, and Blockchain Utopia: Rule of Law Versus Lex Cryptographia
Thibault Schrepel
Governance of Digital Technology: Towards Principles for the Regulation of the Design, Implementation and Monitoring of AI Systems
Lucky Belder
Reconciling Privacy by Design with the Principle of Transparency
Liane Colonna
Conclusive Chapter
Towards General Principles 2.0: The Application of General Principles of EU Law in the Digital Society
Xavier Groussot, Anna Zemskova & Eduardo Gill-Pedro

Series: European Monographs

Remedies and Procedures before the EU Courts 2nd ed ISBN 9789403511405
To be published March 2020
Kluwer Law International
Finance for SMEs: European and International Regulation ISBN 9789403501611
Published June 2019
Kluwer Law International
A Legal Analysis of NGOs and European Civil Society ISBN 9789403512518
Published June 2019
Kluwer Law International
Brexit: The Legal Implications ISBN 9789041195401
Published December 2018
Kluwer Law International
The New EU Judiciary: An Analysis of Current Judicial Reforms ISBN 9789041168344
Published December 2017
Kluwer Law International
Cross-Border Transfers of Undertakings. A European Perspective ISBN 9789041192271
Published October 2017
Kluwer Law International
Simplification of Debt Collection in the EU ISBN 9789041148544
Published September 2014
Kluwer Law International
European Contract Law and German Law ISBN 9789041125880
Published January 2014
Kluwer Law International
General Principles of EU Law eand European Private Law ISBN 9789041146830
Published December 2013
Kluwer Law International
Citizenship Rights and Freedom of Movement in the European Union ISBN 9789041146601
Published June 2013
Kluwer Law International
EU Higher Education Law: The Bologna Process and Harmonization by Stealth ISBN 9789041133656
Published February 2011
Kluwer Law International
The Eclipse of the Legality Principle in the European Union ISBN 9789041132628
Published December 2010
Kluwer Law International
EU Law and Obesity Prevention ISBN 9789041127068
Published October 2010
Kluwer Law International
EU Law and Harmonization of Takeovers in the Internal Market ISBN 9789041133403
Published September 2010
Kluwer Law International
The Ne Bis in Idem Principle EU Law: Conceptual Jurisprudential ISBN 9789041131560
Published August 2010
Kluwer Law International
The European Union Legal Order after Lisbon ISBN 9789041131522
Published May 2010
Kluwer Law International
Directory of EU Case Law on the Preliminary Ruling Procedure ISBN 9789041131508
Published August 2009
Kluwer Law International
Multilingual Interpretation of European Community Law ISBN 9789041128539
Published June 2009
Kluwer Law International
Reverse Discrimination in EC Law ISBN 9789041127518
Published February 2009
Kluwer Law International
General Principles of EC Law in a Process of Development ISBN 9789041127051
Published June 2008
Kluwer Law International
Impact Assessment in EU Lawmaking ISBN 9789041127204
Published May 2008
Kluwer Law International
External Relations Law of the European Community ISBN 9789041126047
Published March 2008
Kluwer Law International
EU Enlargement and the Failure of Conditionality ISBN 9789041126962
Published February 2008
Kluwer Law International
Free Movement Of Persons Within The European Community 2nd ed ISBN 9789041125453
Published June 2007
Kluwer Law International
Competition Law and Consumer Protection ISBN 9789041123800
Published May 2005
Kluwer Law International
The Optimal Enforcement of EC Antitrust Law
ISBN 9789041117571
Published April 2004
Kluwer Law International
Dealing with Dominance: The Experience of National Competition Authorities ISBN 9789041122117
Published March 2004
Kluwer Law International
Communications in EU Antitrust Law ISBN 9789041119742
Published March 2003
Kluwer Law International
Regional State Aid and Competition Policy ISBN 9789041119759
Published February 2003
Kluwer Law International
Nationality Discrimination in the European Internal Market ISBN 9789041119988
Published January 2003
Kluwer Law International
Takeover Law in the EU and the USA ISBN 9789041119193
Published September 2002
Kluwer Law International
The European Union in Search of a Democratic and Constitutional Theory ISBN 9789041118721
Published August 2002
Kluwer Law International
EU Regulation and Transatlantic Trade ISBN 9789041118714
Published August 2002
Kluwer Law International
Judicial Protection Through the Use of Article 288(2)EC ISBN 9789041118233
Published August 2002
Kluwer Law International
Police and Justice Co-operation and the New European Borders
ISBN 9789041118936
Published July 2002
Kluwer Law International
Cross Border Insolvencies in EU, English and Belgian Law ISBN 9789041118882
Published July 2002
Kluwer Law International
The Liberalization of Postal Services in the European Union
ISBN 9789041117809
Published May 2002
Kluwer Law International
Multilevel Governance in the European Union
ISBN 9789041118127
Published April 2002
Kluwer Law International
Europe and Refugees: Towards an EU Asylum Policy ISBN 9789041117090
Published March 2002
Kluwer Law International
European Cooperation Between Tax, Customs and Judicial Authorities ISBN 9789041117472
Published December 2001
Kluwer Law International
Towards an EU Right to Education ISBN 9789041116703
Published October 2001
Kluwer Law International
The Liberalization of Electricity and Natural Gas in the European Union ISBN 9789041115607
Published June 2001
Kluwer Law International
Convergence of Competition Laws and Policies in the European Community
ISBN 9789041115621
Published February 2001
Kluwer Law International
General Principles of European Community Law
Edited by: Ulf Bernitz
ISBN 9789041114020
Published June 2000
Kluwer Law International
European Defence Procurement Law ISBN 9789041111678
Published July 1999
Kluwer Law International
Public Procurement ISBN 9789041111616
Published May 1999
Kluwer Law International
Principles of Proportionality in European Law ISBN 9789041108661
Published June 1998
Kluwer Law International
Current and Future Perspectives on EC Competition Law
ISBN 9789041106919
Published October 1997
Kluwer Law International
The Evolving Concept of Community Citizenship ISBN 9789041108784
Published July 1996
Kluwer Law International
National Parliaments as Cornerstones of European Integration
ISBN 9789041108982
Published May 1996
Kluwer Law International
State Entrepreneurship, National Monopolies and European Community Law
ISBN 9789065447739
Published July 1995
Kluwer Law International
Financial and Monetary Integration in the EEC
ISBN 9789065447180
Published July 1995
Kluwer Law International
The Legislative Process in the EC ISBN 9789065446909
Published July 1995
Kluwer Law International
The Agricultural Law of the EC ISBN 9789065448675
Published October 1994
Kluwer Law International
Culture and Community Law ISBN 9789065446381
Published July 1994
Kluwer Law International
The European Economic Area: EC-EFTA
Edited by: Jules Stuyck
ISBN 9789065448156
Published June 1994
Kluwer Law International