Category Archives: European Private Law
Vanessa Mak, ‘Redefining equality in European contract law: protecting consumer interests in a post-consumer society’
ABSTRACT Consumers have in law been defined as the weaker parties in a transaction. Contract laws have integrated consumer protection with a view to balancing the interests of the parties, ensuring equal bargaining power and to some extent substantive fairness in contractual relations. Rules of consumer protection have therefore, from a contract lawyer’s perspective, been […]
‘Open Justice and the GDPR: GDPRubbish, the Courts Service, and the Defence Forces’
Last June, Tánaiste and Minister for Defence Micheál Martin announced the appointment of Peter Ward SC (pictured right) to examine the administration of cases involving Defence Forces personnel charged or convicted of criminal offences. The Report (pdf) was published this week. One of the headlines about it caught my eye … (more) [Eoin O’Dell, Cearta, […]
Martijn Hesselink, ‘Private law subjects in European mini-publics’
ABSTRACT This article explores viable paths towards a more radically democratic European private law. In particular, it argues that European private law should catch the deliberative wave. To this end, the article proposes the introduction of deliberative citizens’ assemblies and citizens’ panels in the context of EU private-law making, especially its reform. The argument is […]
Lilian Edwards, ‘Private Ordering and Generative AI: What Can We Learn from Model Terms and Conditions?’
ABSTRACT Large or ‘foundation’ models, sometimes also described as General Purpose Artificial Intelligence (GPAI), are now being widely used to generate not just text and images but also video, games, music and code from prompts or other inputs. Although this ‘generative AI’ revolution is clearly driving new opportunities for innovation and creativity, it is also […]
Giulia Gentile, ‘The (In)Effectiveness of EU Data Protection: A Rejoinder’
ABSTRACT The emergence of a highly privatised digital environment driven by data has triggered a regulatory response in the EU built on public law tools, such as fundamental rights. The EU fundamental right to data protection has had a central role in scrutinising the conducts of tech companies in the EU and beyond. The application […]
Cheng-chi (Kirin) Chang, ‘Destination ADR: Chartering a New Course for Airline Passenger Disputes’
ABSTRACT Airline passenger rights in the United States lag behind protections in the European Union (EU), leaving consumers vulnerable. Since the 1978 Airline Deregulation Act (ADA), limited federal oversight and reliance on airline contracts have weakened recourse for passengers facing issues like disruptions, mishandled baggage, and unfair practices. The complex regulatory landscape and high costs […]
Lopez Rodriguez Ana Mercedes, ‘Class Action in the EU: Lessons From Mixed Jurisdictions’
ABSTRACT Class actions enable consumers to take collective action against wrongdoing by businesses, which individual consumers may not find affordable or worthwhile. One of the drivers of the success of class actions has been the availability of funding to litigants. Along with these benefits come risks of abuse of the legal process. This article discusses […]
Bueno and Ngueuleu Djeuga, ‘Civil liability in the EU Corporate Sustainability Due Diligence Directive: A “Brussels Effect” on International Investment Law?’
ABSTRACT How will international investment agreements look like now that the EU Corporate Sustainability Due Diligence Directive (csddd) has entered into force? The CSDDD requires companies to respect human rights and the environment in their global value chains. Besides its public enforcement mechanism, a central element of the csddd is its civil liability provision according […]
Zuzanna Nowicka, ‘SLAPP vs Mutual Trust: Protecting the Public Debate Through Public Policy Considerations’
ABSTRACT This Article argues that to protect public debate, which is vital for democratic societies, it is crucial for courts in EU Member States to apply the freedom of expression standards established by the European Court of Human Rights (ECtHR) when adjudicating cases, particularly in the context of Strategic Lawsuits Against Public Participation (SLAPPs). The […]
Markus Puder, ‘The Global South as a Player in the Climate Space: Private Litigants in European Courts Are Stepping Unto the Breach’
ABSTRACT International climate diplomacy is replete with assurances to envelop the countries and peoples of the Global South in the making of law and policy through intergovernmental channels. Over the decades following the birth of international environmental law with the first Earth Summit at Stockholm, many words of solace were spoken and nifty terms were […]