Category Archives: European Private Law
Einat Albin, ‘The Three-Tier Structural Legal Deficit Undermining the Protection of Employees’ Personal Data in the Workplace’
ABSTRACT Even though personal data protection is a fundamental right, and legislation and the courts aim to pursue it, in practice, employees have no meaningful protection of their personal data within the workplace and have few opportunities to act, individually or collectively, to ensure the security of their data. In this article, I argue that […]
‘Prompts as code?’
Code as a literary work: Following lengthy discussion in the 1970s and 1980s, by 1991 in the EU and 1994 at the WTO level, the legal status of computer programs was a settled matter: software was to be treated under copyright as a literary work. Source code and object code are protected by copyright. As […]
‘The digital vulnerable consumer: a concept with critical potential or entrenching logics of market efficiency?’
In recent years, the topic of consumer vulnerability has come to the fore in the context of the digitalisation of the economy insofar as it can be seen as a symptom of, and embodying the various asymmetries that characterise digital markets (see eg, BEUC, 2022). One of the many features of the digital economy is […]
Paolo Panico, ‘From Edinburgh to Rome via The Hague: The International Appeal of the Trusts and Succession (Scotland) Act 2024’
ABSTRACT The Scottish legal system is independent of the English one. Two relevant differences are that the system of property rights in Scotland is based on Roman law, and equity is not a separate source of Scots law. Nonetheless, trusts have been known in Scotland since at least the 16th century. The Trusts and Succession […]
Maria Rosaria Maugeri, ‘Consumer protection in the crypto financial market’
ABSTRACT The protection of consumers and users of payment tokens is the subject of a plurality of European disciplines. There is a need to understand whether and how these disciplines can be coordinated with each other. This article analyses the disciplines contained in the: (i) Directive 2011/83/EU of the European Parliament and of the Council […]
Emmanuel Slautsky, ‘Climate litigation, separation of powers and federalism à la belge: a commentary of the Belgian climate case’
INTRODUCTION Climate litigation is booming worldwide. Belgium is no exception to that trend. In the latest development, on 30 November 2023, at the start of COP 28, the Brussels Court of Appeal delivered its long-awaited ruling in the climate case (Klimaatzaak/Affaire climat), the Belgian counterpart to the well-known Dutch Urgenda case. the Belgian ruling is […]
António Barroso Rodrigues, ‘The Judge as Legislator? Three Land-Mark Cases in Civil Liability Concurrence’
ABSTRACT This paper explores the critical yet often understated role of judges in shaping the law, examining the fine line between interpreting statutes and respecting legislative authority. It delves into the Romano-Germanic legal tradition, where statutory law is paramount, yet judicial discretion provides an indispensable means of addressing real-world issues that no statute could fully […]
Dadush, Schönfelder and Streibelt, ‘What the EU’s Corporate Sustainability Due Diligence Directive Says About Contract’
ABSTRACT This policy brief was prepared by the Responsible Contracting Project to analyze the content of the newly adopted EU Corporate Sustainability Due Diligence Directive (CSDDD) with respect to commercial contracts. On July 5, 2024, the CSDDD was published in the Official Journal of the European Union. It will enter into force on July 25, […]
Masayuki Tamaruya, ‘The Comparative Law of Trusts and Succession: Italy, Japan, and Beyond’
ABSTRACT In recent years, courts in Italy and Japan are faced with cases involving trust dispositions that allegedly encroach on forced heirship protections. This is significant from the comparative history of trust law. On the one hand, this reflects the recent trends in civilian jurisdictions where trusts are seen as a flexible alternative to wills […]
‘Consumer responsibility to remedy structural injustice: European consumer law’s capitalistic strategy’
Capitalist global processes of production and consumption are unjust. Social movements have been claiming this for decades. Production for private consumption requires an extensive use of natural and finite resources, which we are depleting. Many goods we consume in the European Union are primarily produced outside of the Member States in a manner few would […]