Showing papers in "The Lawyer Quarterly in 2019"

Eu competition law and artificial intelligence: reflections on antitrust and consumer protection issues

Abstract: The paper provides a brief overview of problems identified with use of artificial intelligence in the area of EU competition law. The paper extends the prevalent focus on pricing algorithms and price discrimination and shows how else artificial intelligence could be used to inhibit competition or harm a consumer. Potential possibilities related to agreements between undertakings, abuse of a dominant position and consumer protection including advertising and unfair commercial practices are described.

European union regulation of insurance industry in the aftermath of the financial crisis

Abstract: At the time of writing of this article we have reached the tenth anniversary of the peak of the financial crisis of 2007 to 2008. The 2008 financial crisis and its aftermath provide the backdrop to regulatory actions in the field of insurance. The article aims to examine the institutional and regulatory actions enacted at European Union (EU) level following the crisis which impacted upon the European insurance industry. Regulatory action was enacted in the EU mainly with the adoption of over forty pieces of financial service legislation from 2008 to 2018, most of which help to channel regulation towards a more centralized regime at an EU level. Hand in hand with the strengthening of the regulatory frameworks of financial services, the EU started focusing on the conduct of business rules under the premise of consumer protection. Finally, the article cannot omit upcoming Brexit as impacts on the insurance industry are inevitable, in particular, as the City of London used to be a financial hub for the whole Europe.

Surveillance in digitalized society : the Chinese social credit system from a European perspective

Abstract: The modern society is facing multiple new challenges brought by digitalisation, globalisation and personalisation. Public disorder and social tensions are increasingly suppressed by progressive surveillance and control mechanisms that utilize the ICT technology and digital footprint of an individual. For some time now, a heated discussion follows the planned introduction of Social Credit System in the People’s Republic of China. Multitude of authors and journalists argue benefits or threats related to this project. The aim of this contribution is to provide sober-minded overview of this mechanism in its broader context and point out similarities and differences from approaches in the West. As a result, the contribution points out a set of specifics of the Chinese setting, which make similar mechanism unfeasible in European environment.

New contributions of multidisciplinary and empirical approach to legal consciousness

Abstract: This article introduces a legal consciousness construct consisting of six components (i.e., general legal knowledge, legal awareness, ad hoc legal knowledge, opinion about law, trust in law and legal identity) in individual and cross-cultural perspectives. It also offers two separate approaches to examining legal consciousness, namely legal consciousness as an empirical variable and legal consciousness as an input function of the legal system. The theoretical and methodological potential of legal consciousness as an example of multidisciplinary “behavioural legal science” and the possibilities of practical use of legal consciousness research are discussed in this article. The most relevant methodological, practical and ethical issues of legal consciousness research is also inspected.

Evaluation of implementation of the environmental crime directive in relation to wildlife crime

Abstract: Wildlife crime is one of main threats to biodiversity. It is often committed by organized criminal groups and generates them significant sums of money. Despite these facts, it remains underestimated by authorities that are responsible for enforcement of rules on environmental crimes. Efforts to adopt a common nternational legal framework within the Council of Europe have failed, also the EU’s Environmental Crime Directive is being implemented in a very limited way. On the basis of various studies, the article provides evaluation of this implementation, describes main shortcomings and indicates also several recommendations for further steps.

Patient’s rights in cross-border health care in the european union

Abstract: This Article deals with cross-border health care in the European Union. It briefly describes the history and development, but focuses mainly on the current legal framework represented by Regulation No 883/2004, and primarily Directive 2011/24 on the application of patients’ rights in cross-border health care. Health care was originally the responsibility of EU member states, but the European Union has gradually gained greater power. Also the case law of the European Court of Justice started to play an important role in this field. The adoption of the Directive represented a significant change in cross-border health care and brought a dual system of reimbursement for costs of cross-border health care.

The right to erasure: what is the framework given to eu member states?

Abstract: This article analyzes a key piece of EU data protection law – the right to erasure, also called “the right to be forgotten” notably dealt with in the Google Spain ruling of the Court of Justice of the EU. The ruling has put the right to erasure firmly within the post-Lisbon Treaty order of protection of fundamental rights in the EU. The article deals with the background of the right and the effect it has on data protection enforcement in Member States. Special attention is brought to several questions raised by the ruling, which have been until late left to national authorities to resolve.