General Principles of EU Law and the EU Digital Order

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General Principles of EU Law and the EU Digital Order

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General Principles of EU Law and the EU Digital Order addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union’s (EU’s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules.

What’s in this book:
Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to:
- effects of the technological disruption on the doctrine of general principles;
- the resilience of general principles in the digital society;
- the need to rely on new general principles in the digital society;
- the realization of the digital single market;
- the safeguarding of fundamental rights and the rule of law.
The contributors are highly esteemed scholars from major European universities and experts in the field. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent case law of Court of Justice of the European Union on the impact of digitalization.

How this will help you:
Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.
Editors

Contributors

Preface

PART I
General Issues

CHAPTER 1
The Resilience of the EU Single Market’s Building Blocks in the Face of Digitalization
Sybe A. de Vries

CHAPTER 2
The Principle of Sincere Cooperation, the Charter and Digitalisation
John Temple Lang

CHAPTER 3
Judicial Development of EU Fundamental Rights Law in the Digital Era: A Fresh Look at the Concept of ‘General Principles’
Dorota Leczykiewicz

PART II
Principles and Rights

CHAPTER 4
The Approach of the CJEU in the Era of Digitalization: Free Movement in Relation to the Internet at Its 25th Anniversary
Ulla Neergaard

CHAPTER 5
Proportionality Beyond the Constitution: The Impact of the Principle on EU Digitalization Legislation
Ton van den Brink

CHAPTER 6
General Principles of EU Law for the Collaborative Economy
Vassilis Hatzopoulos

CHAPTER 7
EU Non-discrimination Law in the Era of Artificial Intelligence: Mapping the Challenges of Algorithmic Discrimination
Raphaële Xenidis & Linda Senden

CHAPTER 8
Here, There and Everywhere: The Right to Privacy in the Context of Good Administration in Cross-Border Coordination of Social Security Matters
Jaan Paju

PART III
EU and Digital Rights

CHAPTER 9
Balancing Fundamental Rights as a Method for Enforcing Digital Copyright in the EU: Exploring the Institutional Implications
Antonina Bakardjieva Engelbrekt

CHAPTER 10
The Gravitational Force of the Charter of Fundamental Rights in EU Copyright Law
Stefan Kulk

CHAPTER 11
Proportionality in the CJEU’s Internet Copyright Case Law: Invasive or Resilient?
Tuomas Mylly

PART IV
Competition Law and Related Issues

CHAPTER 12
General Principles of European Competition Law and the ‘Modern Bigness’ of Digital Power: The Missing Link Between General Principles of Public Economic Law and Competition Law
Anna Gerbrandy

CHAPTER 13
Portability in Datasets under Intellectual Property, Competition Law, and Blockchain
Björn Lundqvist

CHAPTER 14
Applying the Principle of Proportionality in the Assessment of Online Sales Restrictions: Does the ECJ Manage to Strike a Balance?
Helene Andersson

PART V
Data Protection

CHAPTER 15
Anarchy, State, and Blockchain Utopia: Rule of Law Versus Lex Cryptographia
Thibault Schrepel

CHAPTER 16
Governance of Digital Technology: Towards Principles for the Regulation of the Design, Implementation and Monitoring of AI Systems
Lucky Belder

CHAPTER 17
Reconciling Privacy by Design with the Principle of Transparency
Liane Colonna

PART VI
Conclusive Chapter

CHAPTER 18
Towards General Principles 2.0: The Application of General Principles of EU Law in the Digital Society
Xavier Groussot, Anna Zemskova & Eduardo Gill-Pedro

Index

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