Vagelis PAPAKONSTANTINOU: The (New) Role of States in a ‘States-As-Platforms’ Approach
The forceful invasion of “online platforms” not only into our everyday lives but also into the EU legislator’s agenda, most visibly through the DSA and DMA regulatory initiatives, perhaps opened up another approach to state theory: what if states could also be viewed...
Mónika MERCZ: Privacy and Combatting Online Child Sexual Abuse – A Collision Course?
The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) adopted a Joint Opinion on the Proposal for a Regulation to prevent and combat child sexual abuse on the 29th of July, 2022. While this has not made huge waves in the public...
Márton CSAPODI: Integration without control? The FCC has ruled on EU borrowing
On 6 December 2022, the German Federal Constitutional Court (FCC) ruled on a case affecting the whole of Europe, as it had to decide whether the EU Council’s Own Resources Decision (ORD), which authorizes the Commission to borrow up to €750 billion on behalf of the...
James C. COOPER- John M. YUN: Competing For or Against Privacy? On Using Competition Law to Address Privacy Issues
In our digital economy, privacy has taken center stage. Given that spotlight, we have already seen regulatory intervention into markets with the EU’s GDPR and DMA. (More generally, GDPR and DMA are part of a larger body of regulation that the EU has passed or is...
Lilla Nóra KISS: Professional Ethics and Morality Can Prevent Social Media From Becoming Sovereign
When top Russian diplomat Maria Zakharova explains that George Orwell’s dystopian classic Nineteen Eighty-Four was written to describe the dangers of Western liberalism and not totalitarianism, we may feel as though we are watching an absurd Monty Python satire. In...
Grzegorz BLICHARZ: Platform Workers as ‘Freedmen’: Reflections on the EU Proposal
From a European perspective, the working conditions of digital platform workers are a matter of great concern. The crisis caused by the current pandemic has dramatically increased the number and value of services rendered via digital platforms, most notably the...
Márton SULYOK: On Methodologies, Findings and “Contextual Determinants”
Comments Inspired by some Evidence on Constitutional Courts In their book titled High Courts in Global Perspective (Evidence, Methodologies and Findings) published in 2021 by University of Virginia Press, the editors provide constitutional and political science...
Bianka MAKSÓ: Lilla Nóra KISS:Do not bury the lede: Your data, their money
Regardless of considering personal data as rights or as things, everyone shall agree that they are worth a lot. Personal data is a commodity, a kind of asset everyone has, but not everybody understands its potential. Do you? Since Warren and Brandeis defined the...
Mónika MERCZ: Constitutional or environmental law?
Different interpretations of the precautionary principle with regard to Article P) of the Fundamental Law of Hungary As I have already remarked in one of my previous articles, the Fundamental Law of Hungary contains an Article dedicated to preserving the environment...
Márton SULYOK: Is American thinking about unalienable rights alien in Europe? A comment of Professor Bernal’s thoughts
Reading the most recent publication of Professor Carlos Bernal here on Constitutional Discourse about the fundamental features of American Constitutionalism in light of the 2020 Report on the Commission on Unalienable Rights lead me to dust off an old article I wrote...
Carlos BERNAL: The Magnificent Seven. On the Functions of ‘Unalienable Rights’ in American Constitutionalism
The concept of ‘unalienable rights’ became the subject of a new chapter of the “Human Rights Era” in American Constitutionalism when, in July 2019 Secretary of State Michael R. Pompeo announced the creation of a Commission on Unalienable Rights. The Commission was an...
Lilla Nóra KISS: Constitutionalism: Universal but Unique?
In the current “rule of law” climate, a book such as the one reviewed hereunder might provide us with some much needed guidance in our arguments over what the concept of constitutionalism is and what it really means in terms of the rule of law. In his 2019 book titled...
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