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1
D'AMICO, Alessia. "Optimising regulatory responses to consumer disempowerment over personal data in the digital world". Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/71844.
Testo completoAbstract (sommario):
Defence date: 06 July 2021Examining Board: Professor Giorgio Monti (Tilburg University); Professor Michal Gal (University of Haifa); Professor Orla Lynskey (London School of Economics); Professor Peter Drahos (European University Institute)
This thesis addresses the problem of individuals’ lack of control over personal data in the digital world. It sheds light on market and regulatory failures that lie behind the status quo and proposes a framework to improve regulatory responses. The two regulatory regimes that are at the core of this thesis are EU data protection regulation, which protects individuals’ fundamental rights over data, and EU competition law, which safeguards the sound functioning of the market and consumers’ economic interests. Despite the existence of these two regulatory regimes, individuals do not have sufficient control over personal data collected by digital firms, whose control over large datasets is a factor contributing to market monopolisation. The thesis argues that one reason for the shortcomings of today’s regulatory framework is that the market failure is composed of a combination of factors, which are currently addressed by the different regimes relatively independently. This dichotomy hinders the development of an effective strategy to tackle the market failure in its entirety. The approach taken in this thesis is that by integrating the two regimes, it might be possible to close the gaps deriving from a narrow perception of their regulatory spaces. Hence, the thesis formulates a holistic approach, encompassing data protection regulation and competition law, designed to increase the effectiveness of the regulatory framework as a whole. Different dimensions of the regimes’ interrelation are analysed, to uncover new ways to harness their complementarity and minimise their inconsistencies and overlaps. The thesis looks at how the regimes can incorporate elements from each other to inform their policies and application of their rules, as well as developing a complementary enforcement strategy. The holistic framework ultimately allows both regimes to better tailor their regulatory responses to the functioning of the digital market and take account of the diverse elements that constitute the market failure they seek to correct.
2
RAVALLI, Rebecca. "Externalities of production in GVCs : an EU consumer perspective". Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73849.
Testo completoAbstract (sommario):
Defence date: 21 December 2021Examining Board: Professor Hans – W. Micklitz, European University Institute (Supervisor), Professor Martijn W. Hesselink, European University Institute, Professor Anna Beckers, Maastricht University, Professor Fernanda Nicola, Washington College of Law.
This doctoral dissertation examines the EU consumer perspective on externalities of production in global value chains (GVCs). Whether as part of the discourse on development or global economic governance, externalities of production are a long-standing issue that has been problematised not only by lawyers but also by economists, anthropologists, sociologists and social scientists at large. In the legal field, the analysis has struggled to contextualise consumer law and policy together with the peculiarities of GVCs as a distinct model of business organisation characterised by contractualisation of processes of production. The thesis argues that contractualisation of production establishes a relationship between consumers and processes of production, also in relation to externalities. Such a relation is not mirrored either by the voluntary self-regulation through which enterprises regulate externalities nor by EU consumer law. The present dissertation addresses this matter and argues that EU consumer law limits the involvement of consumers in the process of self-regulation that leading enterprises of GVCs undertake to prevent and/or remedy externalities of production and that results into a unilateral exercise of epistemic authority. The exercise of epistemic authority is favoured by a ‘communication paradigm’ framing EU consumer law, according to which consumer claims’ on sustainability and externalities of production depend on the content of the communication consumers receive prior or via the contract. This paradigm prevents consumers involvement, in all phases of the contractual relationship, in the definition of a legal episteme of sustainability in line with the core constitutional principles and values as enshrined in the EU Treaties and constitutional charters of member states. The final part of the thesis suggests that the limits deriving by the communication paradigm can be overcome by the CJEU that, by relying on the principle of effectiveness can integrate the communication paradigm with a consumer perspective on externalities of production in the post-contractual phase.
3
Van, den Haute Erik. "Harmonisation européenne du crédit hypothécaire: perspectives de droit comparé, de droit international privé et de droit européen". Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210458.
Testo completoAbstract (sommario):
La réalisation du marché intérieur européen par une meilleure intégration des marchés financiers est aujourd’hui devenue une réalité. L'objectif est toutefois loin d'être atteint en matière de crédit hypothécaire, nonobstant de nombreuses initiatives européennes. Compte tenu de ces difficultés et du postulat selon lequel il serait impossible d'harmoniser le droit des suretés immobilières en raison de leur ancrage culturel et national, une proposition alternative consistant dans la création d'une sûreté immobilière commune (euro-hypothèque), venant se superposer aux systèmes nationaux, a été formulée depuis un certain nombre d'années. La recherche analyse dans un premier temps la réalité du postulat précité à la lumière du droit comparé et conclut qu'en réalité, les différents systèmes trouvent non seulement leur origine dans un modèle identique, fondé sur le caractère accessoire de la sûreté, mais ont en outre connu une évolution similaire au cours de ces dernières années. Il apparaît que ce modèle constitue la meilleure base pour toute harmonisation européenne. Après avoir examiné l'interaction avec le droit international privé, sous l'angle de la protection du consommateur, et le droit européen, sous l'angle de la question de la compétence communautaire et du principe de subsidiarité, des pistes sont proposés pour opérer un rapprochement des législations nationales relatives au crédit hypothécaire. La proposition consiste à intégrer dans un seul instrument juridique contraignant (une directive européenne) les différentes propositions permettant d'opérer un rapprochement des législations nationales à trois niveaux :celui de la sûreté immobilière et de la publicité foncier, celui du contrat de prêt et enfin, celui relatif à la procédure de réalisation de l'immeuble.Doctorat en droit
info:eu-repo/semantics/nonPublished
4
SCHWADERER, Melanie Ariane. "Resale price maintenance in consumer good markets : an economic justification for the prohibition of RPM". Doctoral thesis, European University Institute, 2019. https://hdl.handle.net/1814/62545.
Testo completoAbstract (sommario):
Defence date: 27 February 2019Examining Board: Prof. Dr. Heike Schweitzer, LL.M. (Yale), Humboldt-Universität zu Berlin; Prof. Giorgio Monti, European University Institute; Prof. Dr. Rupprecht Podszun, Heinrich-Heine-Universität Düsseldorf; Prof. Lorenzo Federico Pace, Università degli studi del Molise
The thesis contributes to the debate on the EU’s approach to the business practice of resale price maintenance (RPM), which is widely criticized as too strict and in conflict with what is considered to be the consensus in the economic literature. The thesis critically dissects the economic consensus, on which the critique against the EU’s approach is based, by analyzing the empirical evidence that is cited to support the claim that RPM can frequently be explained by the service-based RPM models and shows that there is no convincing evidence that would support the significance of these positive RPM models that predict positive effects on welfare. To support this finding the thesis collects new evidence by surveying the marketing literature and shows that not only is there no convincing evidence that the positive RPM models frequently apply, but to the contrary there is evidence that these models are inconsistent with the real world phenomenon of RPM. Having refuted the service-based models the thesis takes up the scientific challenge that “it takes a theory to beat a theory” and proposes to fill the gap with three price-based models. The thesis offers an analysis of the three price-based RPM models, first from the perspective of welfare effects and then from a broader economic perspective in an attempt to ultimately show that the EU approach to RPM can be justified based on these economic models. All three models explain the situation in which RPM is used by a branded good manufacturer to create the perception of high quality, which is used either as a credible quality signal, becomes a component of the product or is used to bias the consumer decision; they thus enter the difficult terrain of consumer preference formation and of markets for the intangible components of a product.
5
Lynskey, Orla. "Identifying the objectives of EU data protection regulation and justifying its costs". Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608116.
Testo completo
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Petroiu, Marius. "Forms of trade secret protection : a comparative analysis of the United States, Canada, the European Union and Romania". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99150.
Testo completoAbstract (sommario):
This thesis is as an attempt to overview the forms of trade secret protection presently in place in the United States, Canada, the European Union and Romania. These jurisdictions were selected because they present a diversity of legal background and a variety of forms of trade secret protection.The introductory chapter deals with the historical and economic backgrounds of the trade secret protection. An overview of trade secret protection at international scale is also provided. The thesis compares the forms of trade secret protection available in each jurisdiction. Based on the survey, the thesis comes to an answer of the question of "What is the most appropriate form of trade secrets protection?".
The final chapter provides a number of conclusions and recommendations.
7
Thebaud, Edern. "Les produits-frontière dans la législation alimentaire de l'Union européenne: émergence d'une santé alimentaire entre logique du marché intérieur et exigences de sécurité". Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209577.
Testo completoAbstract (sommario):
Si le droit connaît les médicaments et les denrées alimentaires, il ne reconnaît pas les alicaments. Or, ces dernières années ont vu l’apparition et le développement, sur le marché de l’Union européenne, de « produits-frontière » c'est-à-dire de produits se trouvant à la frontière entre les médicaments et les aliments. Confrontées à un vaste conflit de qualification causé par l’ambivalence conceptuelle des « produits-frontière », les institutions de l’Union ont, au nom de la libre circulation des marchandises ainsi que de la nécessité d’une protection accrue des consommateurs et de la santé publique, entamé, dès le début des années 2000, une large harmonisation des dispositions nationales relatives à ces produits. Considérés comme aliments, leur nature particulière nécessite cependant une approche adaptative de la part du législateur européen. Cette nouvelle approche de l’aliment par le droit, favorable à la reconnaissance d’une santé alimentaire, tant convoitée par la société contemporaine, ne résout toutefois pas l’ambiguïté quant à la place à accorder aux « produits-frontière » dans le corpus juridique de l’Union européenne.Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
8
BENÖHR, Iris. "Consumer law between market integration and Human Rights protection". Doctoral thesis, 2009. http://hdl.handle.net/1814/13302.
Testo completoAbstract (sommario):
Defence date: 18 December 2009Examining Board: Professor Christian Joerges, University of Bremen (supervisor), Professor Hans-W. Micklitz, European University Institute, Professor Roland Bieber, University of Lausanne, Professor Stephen Weatherill, University of Oxford
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis examines the relationship between fundamental rights and consumer protection in the European Union. Traditionally, consumer regulation has been applied as a onedimensional tool to achieve economic integration. In 2000, the Charter of Fundamental Rights broadened the scope of consumer law to include a social dimension; however, this initiative remains limited in practice, because of the abstract wording in the Charter, and because of the partly contrasting full-harmonisation strategy of the EU. Moreover, the Charter is not binding and it risks succumbing to traditional market-oriented policy tendencies. This thesis tries to build a bridge between the two approaches to consumer law - the market-oriented approach, and the fundamental-rights based approach. To do so, it suggests a new consumer concept, based upon the capability approach of the economist Amartya Sen. Such an approach enables the consumer to deal with the risks of increasingly integrated and complex markets, by focusing upon basic procedural rights. Three areas of consumer law have been gaining importance in recent times: credit agreements, telecommunications, and collective redress. Cases from these areas are considered here, as they exemplify the inter-action between fundamental rights, and participation in cross-border markets. First, cases in consumer credit illustrate the impact of fundamental rights on the provision of fair contractual conditions, and on access to responsible lending schemes. Second, the new telecommunication proposal highlights the importance of regulatory participation mechanisms for consumers, to ensure access to services of general interests and to ensure data protection in an increasingly privatised environment. Finally, collective redress mechanisms show how procedural innovations can improve judicial participation through the basic right of access to justice. The thesis concludes by proposing a new legal approach for consumer law in the EU, in order reach a compromise between social and economic demands.
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OGORZALEK, Magdalena. "The action for injunction in EU consumer law". Doctoral thesis, 2014. http://hdl.handle.net/1814/34560.
Testo completoAbstract (sommario):
Defence date: 25 July 2014Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute; Professor Giorgio Monti, European University Institute; Professor Christopher Hodges, University of Oxford; Professor Norbert Reich, University of Bremen.
In 1998 the European Union adopted a new self-standing instrument of collective enforcement - the Action for Injunction. Until then, the main focus was on the improvement of the position of the individual consumer through the adoption of substantive consumer law directives. The Injunction Directive provides for a general framework on consumer law enforcement in national and cross-border litigation. Qualified entities, public agencies and/or consumer organisations, are granted legal standing. National courts are bound to mutually respect the standing of EU wide registered qualified entities. Outside these clear-cut rules on the mutual recognition of standing, the Injunction Directive remains largely silent. The implementation into 28 Member States swiftly revealed the rather limited harmonising effect. The thesis investigates and explains how despite the legally approved diversity, the Injunction Directive contains the potential to turn diversity into convergence. The key to understanding the potential is the thesis of dualism of enforcement measures. Read together with the Annex the Injunction Directive establishes the deep interconnection between collective and individual enforcement, of substantive and procedural enforcement, of judicial and administrative enforcement. The different levels and means of enforcement should not be regarded separately but should always be looked at in their interplay, in their mutual institutional design and their mutual impact. Evidence for convergence can be found in the Invitel judgment of the ECJ and in the practice of consumer organisations via co-ordination actions across borders by which they overcome the boundaries of collective vs. individual or judicial vs. administrative enforcement. Regulation 2006/2004 re-adjusts the dualistic structure of enforcement in favour of public bodies and promotes convergence through para-legal means, through new modes of enforcement, through co-operation and co-ordination outside courts and in open interaction between administrative bodies, to which consumer organisations are admitted on approval only.
10
PELTONEN, Ellinoora. "Private control instruments in the European consumer, occupational health and safety, and environmental policies". Doctoral thesis, 2010. http://hdl.handle.net/1814/15407.
Testo completoAbstract (sommario):
Defence Date: 06 December 2010Examining Board: Fabrizio CAFAGGI (Supervisor, EUI); Christian JOERGES (former EUI/University of Bremen); Colin SCOTT (University College, Dublin); Jyrki TALA (University of Turku and National Research Institute of Legal Policy, Helsinki)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
European Union’s (EU) legislature allows for EU level private interest governments (PIGs): stakeholders, industry, professional and co-operative bodies; and control entrepreneurs (PriCEs) to complement regulatory strategies. However, governance studies have infrequently conducted cross-sector analysis on how they assist in implementing EU policies. This study conducts cross-sector analysis of private compliance instruments (PCIs) utilised as partial implementing strategy to EU’s business regulation across consumer, worker health, safety and environmental policies. It introduces several opportunities to learn from differences. PriCEs appear operational PCIs throughout several legislative and private regulatory frameworks; regulatory sectors; targeting sector- or business-specific compliance; and employing either command-and-control or reflexive/responsive regulatory modes. However, workable 'in-house' PCIs implemented by PIGs necessitate specific market architecture and legislative pressure. Within sectors of health and safety of consumers and workers specific conditions may support in-house PCIs, which control business-specific compliance within command-and-control mode. However, within environmental sector, such in-house PCIs appear unfeasible. The EU legislature has also architected PCIs, which somewhat equate to reflexive/responsive mode, to consumer and environmental policies, whilst it has abstained from introduction of such instruments to worker health and safety due to autonomous social dialogue. Generally, at EU level, the potential for using outfitted reflexive mode PCIs appears greater than employing command-and-control mode in CPIs.
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JABŁONOWSKA, Agnieszka. "Status-related consumer protection in the digital economy". Doctoral thesis, 2018. http://hdl.handle.net/1814/50746.
Testo completoAbstract (sommario):
Award date: 25 January 2018Supervisor: Prof. Hans-W. Micklitz
The thesis investigates the evolution of the status-related approach to consumer protection in the private law of the European Union and asks whether this traditional approach is still viable in the times of growing digitalisation. It explores, firstly, what consumer protection actually means and, secondly, whether instruments adopted for this purpose are also directed at the achievement of other policy goals. It shows that, in the most general understanding, consumer protection is linked to the position of “passive market participants”, namely persons entering into legal relationships to satisfy their needs without producing the product or service themselves. It is usually, but not invariably, limited to the standard consumer notion, displays several overarching themes such as access, information, fairness and alternative dispute resolution and remains strongly intertwined with the internal market project. The thesis further asks whether, throughout the years, tensions associated with the status-related approach to consumer protection were identified and, if so, whether and how they were addressed. It touches upon the changing normative content of the term itself and points to several areas – most notably related to the provision of services – in which the notion of a “consumer” has partially been replaced (or supplemented) with other categories. It finally asks whether digitalisation is setting an end to the status-related consumer protection and attempts to draw the possible ways forward.
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DUROVIC, Mateja. "The impact of the unfair commercial practices directive (2005/29/EC) on contract law". Doctoral thesis, 2014. http://hdl.handle.net/1814/34559.
Testo completoAbstract (sommario):
Defence date: 10 July 2014Examining Board: Hans-Wolfang Micklitz, European University Institute (Supervisor); Giorgio Monti, European University Institute; Geraint Howells, University of Manchester; Viktor Kreuschitz, General Court of the European Union.
This thesis examines the relationship between the law on unfair commercial practices and consumer contract law. The thesis develops the claim that Directive 2005/29/EC, on unfair commercial practices (UCPD) has had a strong impact on the content of consumer contract law, despite the declaration concerning the independence between both branches of law contained in Article 3(2) UCPD. In order to substantiate this claim, the thesis examines the implications for consumer contract law of the main components of the regulatory regime laid down by the UCPD, namely, (1) the notion of average consumer, (2) the duty to trade fairly, (3) the duty of information and (4) the remedies. By looking both at the theoretical underpinnings and at the actual operation of this regulatory regime, the thesis casts light on the way in which the UCPD has shaped consumer contract law. The thesis further shows that this is an ongoing phenomenon whose ramifications may be far-reaching, for it implies that the UCPD is powerfully fuelling the Europeanization of contract law.
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CRUZ, Ana Elizabeth. "The future of liability of suppliers of services in the EC in light of the Commission's withdrawal of its proposed directive : harmonisation or regulatory competition?" Doctoral thesis, 1996. http://hdl.handle.net/1814/5491.
Testo completo
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KHANNA, Devika. "The making and unmaking of the tobacco advertising directive". Doctoral thesis, 2000. http://hdl.handle.net/1814/5522.
Testo completo
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DABROWSKA, Patrycja. "Hybrid solutions for hybrid products? : EU governance of GMOs". Doctoral thesis, 2006. http://hdl.handle.net/1814/6595.
Testo completo
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PASSINHAS, Sandra. "Dimensions of Property under European Law. Fundamental Rights, Consumer Protection and Intellectual Property: Bridging Concepts?" Doctoral thesis, 2010. http://hdl.handle.net/1814/13759.
Testo completoAbstract (sommario):
Defense Date: 16 April 2010Examining Board: Prof. Christian Joerges (supervisor), University of Bremen Prof. Miguel Poiares Maduro, EUI Prof. Peter Sparkes, University of Southampton Prof. Jules Stuyck, Catholic University, Leuven
The aim of this thesis is, first, to reconsider property as a legal concept and as a social institution, by taking into consideration several insights provided by social sciences. Secondly, several regulatory measures are proposed in order to enhance an adequate protection of property. The author stars by analysing the protection of property as a fundamental right under EU law. She claims that the ECJ’s challenge is to strike the right balance between property rights and market build-up. Such a balance is to be found in the communicative network of discourses of the case-law of the ECtHR, and common traditions of Member States. Accordingly, the author suggests that the ECJ should be open to inputs from the ECtHR, namely through the ‘excessive burden’ criterion. The second regulatory analysis takes into consideration that property is intrinsically linked to consumption, and that owner is often necessarily a consumer. The function of EC consumer [protection] law, the function of European consumer policy, and the definition of the European consumer are the three interrelated questions that have guided the inquiry in Chapter III. Consumer policies, it is claimed, should be asymmetrical: they shall create benefits for those who are boundedly rational while imposing little or no harm on those who are to be considered fully rational. This distinction will provide the basis for a new standard in the assessment of the costs and benefits of regulatory options. Finally, the author inquires about situations where a conflict of properties might exist between a corporeal thing and an intellectual property right. It is claimed that lawmaking bodies must autonomously consider the interest(s) of the owner of the corporeal thing in the overall assessment of granting an intellectual property right. Before formulation of property rights, an appropriate weighing and balancing of all relevant interests is thus in need, in order to avoid normative inconsistencies.
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KAS, Betül. "'Hybrid' collective remedies in the EU social legal order". Doctoral thesis, 2017. http://hdl.handle.net/1814/46964.
Testo completoAbstract (sommario):
Defence date: 21 June 2017Examining Board: Prof. Hans-W. Micklitz, EUI (Supervisor) Prof. Marise Cremona, EUI Prof. Laurence Gormley, University of Groningen Prof. Fernanda Nicola, Washington College of Law, American University
The aim of this thesis is to illustrate, on the basis of a socio-legal study presented in three qualitative case studies, the role of hybrid collective remedies in enforcing European socially oriented regulation, in particular environmental law, anti-discrimination law and consumer law, for the creation of a European social legal order, which is able to gradually counter its perceived internal market bias. The hybrid collective remedies at stake in the three case studies – each case study constituted by a preliminary reference to the CJEU – are symptomatic of the three legal-political fields at stake. With the EU taking a leading role in the three fields for the purpose of complementing the creation of an internal market, the EU has decoupled the fields from their national social welfare origin and re-established a policy which is not so much based on ensuring social justice, but more based on procedural mechanisms to ensure access justice. Likewise, the EU left the creation of collective remedies fostering a genuine protective purpose to the Member States. The national and European models of justice underlying the three legal-political fields and their remedies are of a complementary, i.e., of a hybrid nature, and are moving towards the creation of an integrated European social order. The creation of the European social order via national actors using the preliminary reference procedure to implement the three policies at stake goes hand in hand with the creation of a European society.
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Munyai, Phumudzo S. "A critical review of the treatment of dominant firms in competition law : a comparative study". Thesis, 2016. http://hdl.handle.net/10500/21908.
Testo completoAbstract (sommario):
In South Africa compliance with competition law has become a major concern for firms that achieve and maintain certain levels of success and growth in the market, as their actions are often a source of complaints and litigation by rivals and competition authorities. With substantial financial penalties often levied against them for a variety of conduct deemed to constitute an abuse of their market position, dominant firms must constantly be aware of the likely impact of their business strategies and actions on both rivals and consumers. What were once thought to be normal and economically sound business practices and decisions, such as cutting prices to attract customers, have now acquired new meanings, with devastating consequences for dominant firms. So, are dominant firms under attack from competition law? In this study I aim to determine this.
I track the historical development of competition law in three jurisdictions: South Africa, America, and the EU, with the aim of identifying traces, if any, of hostility towards dominant firms in the origins of competition law. I further investigate whether the formulation and enforcement of certain aspects of existing abuse of dominance provisions manifest as hostility towards dominant firms. While acknowledging the important role that competition law enforcement plays in promoting competition and enhancing consumer welfare, I conclude that significant unjustified economic and legal prejudice is suffered by dominant firms as a result of the way in which certain abuse of dominance provisions have been formulated and applied. I also offer appropriate recommendations.Mercantile Law
LL. D.
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FAIRCLIFFE, Sarah. "Legal protection of biotechnological inventions in the European Union". Doctoral thesis, 1995. http://hdl.handle.net/1814/5561.
Testo completo
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LOBOCKA-POGUNTKE, Inga. "The evolution of EC consumer protection in the field of consumer credit". Doctoral thesis, 2011. http://hdl.handle.net/1814/16061.
Testo completoAbstract (sommario):
Defence Date: 28 January 2011Examining Board: Prof. Christian Joerges, University of Bremen (Supervisor); Prof. Hans-Wolfgang Micklitz, EUI; Prof. Luisa Antoniolli, University of Trento; Prof. Geraint Howells, University of Manchester
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Using consumer credit regulation as a case study, this thesis investigates how the specific legislation in this field can be explained by the major streams of economic philosophy. Based on an analysis of the evolution of European consumer credit legislation it is shown how the EU legislator’s approach towards consumer protection has changed and, more importantly, who are the addressees of this legislation. Finally, the thesis discusses how the role of contemporary consumers is conceptualized by European legislators. It can be shown that EU consumer credit regulations are a perfect example for illustrating the wider changes in EU consumer legislation. The thesis addresses the question whether consumer credit legislation is only regulated by economic law or also by social law and hence, whether it has a social dimension in addition to an economic one. Further, it discusses the implications of two competing approaches to consumer regulation, namely a free consumer credit market (neoliberal approach) and one that is characterized by public intervention (social market approach). On the European level, the issue of the character of law which regulates consumer credit has consequences on the legislative competences shared by the EU and member states legislators in this respect. This is inseparable from the question concerning the choice between the minimum or maximum harmonisation approaches. The core argument of this thesis is that all above-mentioned aspects converge into a common focal point in that there is tension between two fundamental goals of the European Community, namely economic efficiency (understood as a competitive market society) and consumer protection (understood as, broadly speaking, a social justice society with its distributive role). The dissertation discusses whether and how these two goals can be reconciled, and which of them actually prevails in the EU consumer credit legislation.
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TZANOU, Maria. "The added value of data protection as a fundamental right in the EU legal order in the context of law enforcement". Doctoral thesis, 2012. http://hdl.handle.net/1814/22697.
Testo completoAbstract (sommario):
Defence date: 13 June 2012Examining Board: Professor Martin Scheinin, European University Institute (EUI Supervisor); Professor Valsamis Mitsilegas, Queen Mary University of London; Professor Tuomas Ojanen, University of Helsinki; Professor Giovanni Sartor, European University Institute.
First made available online: 25 August 2021
This thesis examines the added value of the fundamental right to data protection within the EU legal order when law enforcement measures are at stake. It provides a comprehensive analysis of the concept of data protection, its underlying values and aims, and the approaches to this right. It discusses the current theories and the existing case-law on data protection by identifying their shortcomings. It introduces a new theory on data protection that reconstructs the right and reshapes in a clear and comprehensive manner its understanding. The thesis tests the added value of the ‘reconstructed’ right to data protection in the most difficult context: law enforcement and counter-terrorism. Three specific case-studies of data processing in the field of law enforcement are used: 1) the information collection 2) the information storage and, 3) the information transfer case. The information collection case discusses the EU Data Retention Directive and addresses the conceptual confusions between the rights to privacy and data protection that surround it, before turning to a substantive fundamental rights assessment of the Directive. The information storage case examines the added value of the fundamental right to data protection in the context of the access of law enforcement authorities to information stored on EU-scale databases such as the second generation Schengen Information System (SIS II), the Visa Information System (VIS) and Eurodac. Finally, the information transfer case discusses the role of the rights to privacy and data protection with regard to the transfer of data from the EU to the US for counterterrorism purposes. In this context, it addresses the EU-US PNR and TFTP cases.
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BLASI, CASAGRAN Cristina. "Towards a global data protection framework in the field of law enforcement : an EU perspective". Doctoral thesis, 2015. http://hdl.handle.net/1814/36995.
Testo completoAbstract (sommario):
Defence date: 8 June 2015Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Gregorio Garzón Clariana, Autonomous University of Barcelona; Dr. Maria O’Neill, University of Abertay Dundee; Professor Martin Scheinin, European University Institute.
This thesis seeks to examine the existing EU frameworks for data-sharing for law enforcement purposes, both within the EU and between the EU and third countries, the data protection challenges to which these give rise, and the possible responses to those challenges at both EU and global levels. The analysis follows a bottom-up approach, starting with an examination of the EU internal data-sharing instruments. After that, it studies the data transfers conducted under the scope of an international agreement; and finally, it concludes by discussing the current international initiatives for creating universal data protection standards. As for the EU data-sharing instruments, this thesis demonstrates that these systems present shortcomings with regard to their implementation and usage. Moreover, each instrument has its own provisions on data protection and, despite the adoption of a Framework Decision in 2008, this has not brought about a convergence of data protection rules in the JHA field. A similar multiplicity of instruments is also found when the EU transfers data to third countries for the purpose of preventing and combating crimes. This is evident from examining the existing data-sharing agreements between the EU and the US. Each agreement has a section on data protection and data security rules, which again differ from the general clauses of the 2008 Framework Decision. This study demonstrates the influence of US interests on such agreements, as well as on the ongoing negotiations for an umbrella EU-US Data Protection Agreement. One possible way to ensure a high level of EU data protection standards in the field of law enforcement in the face of US pressure is by enhancing the role of Europol. This EU Agency shares information with EU member states and third countries. This thesis demonstrates that Europol has a full-fledged data protection framework, which is stronger than most of the member states’ privacy laws. However, taking Europol rules as a reference for global standards would only partially achieve the desired result. The exchange of data for security purposes does not only involve law enforcement authorities, but also intelligence services. The recent NSA revelations have shown that the programmes used by these bodies to collect and process data can be far more intrusive and secretive than any current law enforcement system. In view of the above, this thesis explores the potential of CoE Convention 108 for the Protection of Individuals with regard to the Automatic Processing of Personal Data and ii the Cybercrime Convention as the basis for a global regime for data protection in law enforcement. This thesis concludes that an optimum global data protection framework would entail a combination of the 108 CoE Data Protection Convention and the Cybercrime Convention. The cumulative effect of these two legal instruments would bind both law enforcement and intelligence services in the processing of data. In sum, by promoting the Europol approach to data protection and existing Council of Europe rules, the EU could play a crucial role in the creation of global data protection standards.
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PURNHAGEN, Kai Peter. "Systematisation in European Risk Regulation". Doctoral thesis, 2011. http://hdl.handle.net/1814/16063.
Testo completoAbstract (sommario):
Defence date: 17 January 2011Examining Board: Prof. Dr. Julia Black, London School of Economics and Political Sciences; Prof. Dr. Fabrizio Cafaggi, EUI; Prof. Dr. Hans-W. Micklitz, EUI (Supervisor); Prof. Dr. Ellen Vos, University of Maastricht.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis explores the impact of the increasing role of systematisation in European law on the example of EU risk regulation as a reference area. It argues that systematisation in European law has a much wider impact than what is regularly perceived as rationalisation. It creates a new integration-method, which economises European law to an extend that it effects the state-making and society building in EU law. In this respect, it also contributes to the legitimacy of EU legal action and shapes the EU constitution. Risk regulation forms an ideal test case for this thesis as it has emerged in recent years from a sector-specific and reactive field of law to an increasingly coherent and autonomous legal system at European level, which follows its own rules and procedures. While within the two main regimes of risk regulation, which I call ‘new approach’ and ‘new governance’, systematisation developed at a different speed and under different circumstances, these concepts are increasingly merged at European level. When I talk about the technique of systematisation, however, this concept requires adjustment as to the features of European law. While systematisation has been a main feature of the state-making agenda of nation-states, the same technique of systematisation in the EU nowadays creates a common market. Hence, in the EU, systematisation is in the first sense a tool of economisation. This impact of systematisation of risk regulation falls also within the EU’s competence. Although the principle of proportionality may require adjustments according to under- and over-inclusiveness of individuals and groups within systematised EU law, the EU legal order requires such systematisation in principle.
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PORCEDDA, Maria Grazia. "Cybersecurity and privacy rights in EU law : moving beyond the trade-off model to appraise the role of technology". Doctoral thesis, 2017. http://hdl.handle.net/1814/45944.
Testo completoAbstract (sommario):
Defence date: 30 March 2017Examining Board: Professor Marise Cremona, EUI (Supervisor); Professor Deirdre Curtin, EUI; Professor Anne Flanagan, Queen Mary University of London; Professor Ronald Leenes, Tilburg University
This thesis concerns a specific instance of the trade-off between security and ‘privacy rights’, namely cybersecurity, as it applies to EU Law. The research question is whether, and how, the pursuit of cybersecurity can be reconciled with the protection of personal data and respect for private and family life, which I treat as two independent rights. Classic legal argumentation is used to support a normative critique against the trade-off; an in-depth scrutiny of ‘(cyber)security’ and ‘privacy’ further shows that the trade-off is methodologically flawed: it is an inappropriate intellectual device that offers a biased understanding of the subject matter. Once the terms of discussion are reappraised, the relationship between cybersecurity and privacy appears more nuanced, and is mediated by elements otherwise overlooked, chiefly technology. If this fatally wounds the over-simplistic trade-off model, and even opens up avenues for integration between privacy and cybersecurity in EU law, on the other hand it also raises new questions. Looked at from the perspective of applicable law, technology can both protect and infringe privacy rights, which leads to the paradox of the same technology being both permissible and impermissible, resulting in a seeming impasse. I identify the problem as lying in the combination of technology neutrality, the courts’ avoidance in pronouncing on matters of technology, and the open-ended understanding of privacy rights. To appraise whether cybersecurity and privacy rights can be reconciled, I develop a method that bridges the technological and legal understandings of information security and privacy, based on the notions/methods of protection goals, attributes and core/periphery or essence, and which has the advantage of highlighting the independence of the two privacy rights. A trial run of the method discloses aspects of the ‘how’ question that were buried under the trade-off debate, viz. the re-appropriation of the political and judicial process vis-àvis technology.
Chapter 4 draws upon an article in Neue Kriminalpolitik 4/2013
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MORARU, Madalina Bianca. "Protecting (unrepresented) EU citizens in third countries : the intertwining roles of the EU and its Member States". Doctoral thesis, 2015. http://hdl.handle.net/1814/36996.
Testo completoAbstract (sommario):
Defence date: 22 June 2015Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Patrizia Vigni, University of Siena; Professor Craig Barker, London South Bank University; Professor Rainer Bauböck, European University Institute.
This thesis explores the development of European Union’s model of protecting its citizens in the world, demonstrating it to be a unique and complex mixture of EU internal and external policies and instruments that is unlike any other international, regional, or domestic model of protecting individuals abroad. The thesis will critically assess the three main stages of development of the EU model until the present day. The first stage started in 1993, when the Maastricht Treaty introduced an EU citizenship right to equal protection abroad and this continued for the following decade. It will be shown that during this period the EU model of protecting the Union citizens abroad consisted of a purely horizontal form of cooperation among the Member States that materialised in a sui generis type of international agreement that has restricted the efficiency of the EU citizenship right, due to the Member States’ reluctance to lose their State prerogatives in favour of the EU. The second stage of development started in 2004 when a number of international disasters affecting EU citizens in third countries led the Member States to accept cooperation with EU institutions and external policy instruments for the purpose of complementing their capacity to secure the effective protection of unrepresented Union citizens abroad. The third stage started with the entry into force of the Lisbon Treaty, which conferred an unprecedented power to an international organisation (the EU) to exercise State-like consular protection functions directly with respect to the Union citizens in the world. The thesis will offer a critical assessment of two decades of application of the least-researched EU citizenship right (to consular and diplomatic protection), its nexus with other EU external relations policies and its implementation by the Member States. It will show the added value of the EU model of protecting citizens abroad for the EU citizens, the Member States and the Union, while also making policy recommendations addressing the shortcomings in its current implementation. The thesis will demonstrate that, in spite of the scholarly critiques of the incompatibility of the Union model with public international law, the international community has widely accepted.
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MARCACCI, Antonio. "Protecting investors in financial times : the design and functioning of the legal protection of retail investors". Doctoral thesis, 2013. http://hdl.handle.net/1814/28043.
Testo completoAbstract (sommario):
Defence date: 3 July 2013Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute (EUI Supervisor); Professor Giorgio Monti, European University Institute; Professor Mads Andenæs, Universiteteti Oslo; Professor Jan Wouters, Katholieke Universiteit Leuven.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis studies and analyzes the current paradigm governing the legal protection of retail investors in the United States and the European Union, by framing both of the legal systems within the transnational financial regulatory arena. In order to do so, the thesis carries out an evolutionary analysis of the European and American statutes dealing with financial markets regulation and gives an account, also grounded on the previous professional experience of the author, concerning the relationship between a retail investor and an investment services provider. It, then, examines whether and how far the US and EU legal systems either are affected by or affect transnational financial regulation, namely those (soft-law) rules adopted by the International Organization of Securities Commissions IOSCO, in particular as regards the protection of retail investors. Subsequently, the thesis describes the Organization’s governance structure, the decision-making process, the content of its financial rules and how far these are implemented into national domestic legislation. The third and last part of the thesis gives an analysis of the different legal tools provided by the European and American systems for public and collective private enforcement mechanisms, with the purpose to check whether a set of tools is preferred over the other (private VS public), and how far retail investors have the chance to concretely protect their rights. At the end, an assessment will be provided regarding the workability of the current paradigm from the point of view of retail investors.
27
HAWATMEH, Barbara A. "Pass back the parmesan! : the United States/European Union clash over geographical indication protection". Doctoral thesis, 2005. http://hdl.handle.net/1814/5541.
Testo completo
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VAN, DER VELDE Sandrine. "The development of the EU right to family reunification in the context of international human rights protection". Doctoral thesis, 2003. http://hdl.handle.net/1814/4812.
Testo completoAbstract (sommario):
Defence date: 18 July 2003Examining board: Prof. Gráinne de Búrca, Supervisor ; Prof. Elspeth Guild ; Prof. Steve Peers ; Prof. Bruno de Witte
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
29
BEAUCHESNE, Benedicte. "La protection juridique des entreprises en droit communautaire de la concurrence". Doctoral thesis, 1991. http://hdl.handle.net/1814/4558.
Testo completoAbstract (sommario):
Defence date: 27 May 1992Examining board: Prof. Marie-Chantal Boutard-Labarde (Université de Paris X-Nanterre) ; Prof. Fausto Capelli (Université de Parme) ; Prof. Peter Müller-Graff (Université de Trier) ; Prof. Jürgen Schwarze (Supervisor - EUI) ; Prof. Jean Vergès (Université de Paris I)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
30
VIOLA, DE AZEVEDO CUNHA Mario. "Market integration through data protection : A EU-Mercosur analysis". Doctoral thesis, 2011. http://hdl.handle.net/1814/18412.
Testo completoAbstract (sommario):
Defence date: 6 July 2011Examining Board: Professor Giovanni Sartor, European University Institute (EUI Supervisor); Prof. Andrew Murray, London School of Economics and Political Science; Prof. Hans-W. Mickltz, European University Institute; Dr. Alfonso Scirocco European Economic and Social Committee
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this thesis is devoted to the analysis of the role data protection plays in the integration of markets, with a special emphasis on financial and insurance services. Moreover, it is also concerned with the identification of differences in the data protection systems of EU member states and with the development of common standards and principles of data protection that could help to build a data protection model for Mercosur, keeping in mind the need to establish a high level of data protection without creating unnecessary constraints for the flow of information. The thesis is divided into four parts. The first one deals with the evolution of the right to privacy, focusing on the last few decades, taking into account the development of new technologies. In this part an analysis of the European framework of data protection and of its standards developed is carried out. Then, in the second part, the interaction between data protection and the industries selected as case studies, namely insurance, bank and credit reporting, is discussed. This discussion concentrates on specific issues, such as generalisation and discrimination, adverse selection and the processing of sensitive and genetic data. The focus of the third part is the analysis of the legislation of three EU member states (France, Italy and UK). In order to perform this comparative exercise, some important issues are taken into account: the concepts of personal and anonymous data, data protection principles, the role of the data protection authorities, the role of the data protection officer, data subjects’ rights, the processing of sensitive data, the processing of genetic data and the experience of the case studies in processing data. Moreover, issues related to the specific member states are also considered. Subsequently to the comparative analysis, some recommendations are proposed for updating EU legislation on data protection, so as to reduce the barriers to the establishment of an internal market, mainly for financial and insurance services. Finally, the proposal of a model for data protection that could be adopted by Mercosur, taking into account the different levels of data protection that exist in its member states, is conducted in the last part. The thesis concludes by emphasising the important role data protection can play in the process of markets’ integration.
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Conroy, Marlize. "A comparative study of technological protection measures in copyright law". Thesis, 2006. http://hdl.handle.net/10500/2217.
Testo completoAbstract (sommario):
Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed.
Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices.
The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices.
Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices.
Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access.
South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges.
As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright.Jurisprudence
LL.D.
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Perlman, Leon Joseph. "Legal and regulatory aspects of mobile financial services". Thesis, 2012. http://hdl.handle.net/10500/13362.
Testo completoAbstract (sommario):
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked persons via mobile phones.
Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and
independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’
services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’
services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services
are provided through ‘agents.’
Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a
Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile
‘airtime’-based Store of Value.
The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed,
in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and
consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that
entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the
traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric
MFS rises to the ‘business of banking.’
An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is
undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be
deemed ‘money’ in law.
Consumer protection for MFS and payments generally through current statute, contract, and payment law
and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in
South African law is discussed.
The legal and regulatory regimes in the European Union, Kenya and the United States of America are
compared with South Africa. The need for a coordinated payments-specific law that has consumer
protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a
regulator for retail payments is recommended. The use of trust companies and trust accounts is
recommended for protection of user funds.
| viPublic, Constitutional and International Law
LLD