Rights of Nature in the EU: A thought experiment to improve access to justice
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley +1 more source
Mutual trust as a backbone of EU Antitrust Law
The article is an attempt to analyse to what extent a close cooperation between competition authorities belonging to the European Competition Network is based on the mutual trust principle. The fundamental importance of the principle of mutual trust was
Małgorzata Kozak
doaj +1 more source
ABSTRACT Important Projects of Common European Interest (IPCEIs) have become a central tool of the European Union's (EU) new industrial policy. IPCEIs derive their peculiar name from an exemption to the general prohibition on state aid that has existed since the Treaty of Rome but has only led to the creation of a stand‐alone policy instrument in 2014.
Timo Seidl, Henrique Lopes‐Valença
wiley +1 more source
Double Jeopardy of Article 102 TFEU and the DMA – the Challenges of a Multi-Level Enforcement System
This article addresses the complexities and challenges of enforcing Article 102 TFEU and the Digital Markets Act in the context of the principles of ne bis in idem and proportionality under Articles 50 and 52(1) of the Charter of Fundamental Rights of ...
Veerle Peters, Małgorzata Kozak
doaj +1 more source
Abstract The last decade has witnessed a substantial increase in case law of the Court of Justice of the European Union (hereafter: ECJ or Court) concerning the rule of law. This expansion in case law reflects the significant challenges to the rule of law that have arisen in recent years. Several EU member states have implemented measures that severely
Urszula Jaremba, Jasper Krommendijk
wiley +1 more source
Impact of the New Approach to Article 102 TFEU on the Enforcement of the Polish Prohibition of Dominant Position Abuse [PDF]
This paper will analyze the impact of the modernized approach to Article 102 TFEU on the application of the prohibition of dominant position abuse contained in Polish competition law. For that purpose, several questions will be answered. Has the consumer-
Konrad Kohutek
doaj
Android and Forking Restrictions: On the Hidden Closedness of “Open”
The Google Android Decision was announced by the European Commission on 18 July 2018. The Commission found that three restrictions related to Android and Android apps that Google imposed on mobile device manufacturers and network operators infringed ...
Simonetta Vezzoso
doaj +1 more source
Corporate Lobbying as Anticompetitive Behaviour in the EU
ABSTRACT Despite the influence of ordoliberalism in EU law, the mutual feedback between market power and political influence of dominant corporations has not become an explicit consideration in competition law enforcement and has remained rather in the background as an implicit rationale. If the threats to competition posed by regulatory capture are to
Francisco E. Beneke Avila
wiley +1 more source
Delimitation of the respective competences of the Commission and National Competition Authorities with regard to the application of competition law. Case comment to the preliminary ruling of the Court of Justice of the European Union of 14 February 2012 Toshiba Corporation and Others v Úřad pro ochranu hospodářské soutěže (Case C-17/10) [PDF]
The analysed judgment was delivered by the Court of Justice (CJ) on 14 February 2012 in case C-17/10 Toshiba Corporation and Others. It concerns the interpretation of Council Regulation (EC) No.
Małgorzata Sieradzka
doaj
Alphabet: Valorile europene între normele digitale și realităţile naţionale Alphabet: European Values between Digital Norms and National Realities [PDF]
The CJEU ruling of February 25, 2025, in case C-233/23, Alphabet, highlights the contrast between European values and their implementation in national realities, within the context of regulating the digital economy.
Flaminia STÂRC-MECLEJA
doaj +1 more source

