German Law Journal

New publication with SARA POLI on Limits to Deprivation of National Citizenship under European Union law: the Case of Foreign Terrorist Fighters and the Right to be Readmitted into the EU for Their Children You can read it in the German Law Journal (open access) here: https://lnkd.in/eNGK7vRe

Is there a truly “glocal” method of comparative constitutional interpretation? In his latest GLJ article "Juges Sans Frontières? A Glocal Theory of Constitutional Interpretation", Rodrigo Camarena Gonzalez critically engages with the debate on constitutional transplants, challenging its nationalist bias, and proposes a truly glocal theory of judicial interpretation. Check it out at ⬇️ https://lnkd.in/dwzgu5ds

How long can pre-removal detention of immigrants last? In their latest GLJ article "The Pre-Removal Detention of Immigrants: A Return to Ordinary Meaning", bas schotel and Ingo Venzke delve into the question of maximum duration of immigrant detention in the of the ECHR ⬇️ https://lnkd.in/dTsfJJGj

Can basic principles and business aspects of corporate governance and compliance management be applied for a better understanding of the doctrine of superior responsibility? Through an analysis of U.S., German, and international standards Irakli Kvirikashvili depicts some specific and controversial aspects of the third element of the doctrine - the failure to adopt necessary and reasonable measures- to obtain a clearer and more comprehensive understanding on the superiors’ duties. "The Duties under the Doctrine of Superior Responsibility: What Can We Learn from Business Standards on Corporate Governance & Compliance?" https://lnkd.in/datvsGYV

Digital disinformation must bring us to change our conception of (negative) freedom, considering freedom of speech as an institution, an organizational space leading to a normative theory of public discourse, which synthesizes the constitutional interests related to the protection of freedom of expression... ...so argues Corrado Caruso in his latest GLJ article "Towards the Institutions of Freedom: The European Public Discourse in the Digital Era" Check it out at https://lnkd.in/dBNnqA6y

📣 📣 📣 Glad to share my last article, out now for the German Law Journal, entitled "Towards the Institutions of Freedom: The European Public Discourse in the Digital Era". Digital #disinformation must bring us to change our conception of (negative) freedom, considering freedom of speech as an institution, an organizational space leading to a normative theory of public discourse, which synthesizes the constitutional interests related to the protection of freedom of expression.   The theory of public discourse legitimizes democratic systems and requires proactive regulation to enforce its values. This changes the role of public power, which should not be limited to abstention but instead has a positive obligation to regulate the spaces where communicative interactions occur. The article discusses how this regulatory need led to the European adoption of the Digital Services Act (#DSA) to correct DPs through procedural constraints. Despite some criticisms, the DSA establishes a foundation for a transnational European public discourse aligned with the Charter of Fundamental Rights and member states’ constitutional traditions. In sum, #digitalconstitutionalism risks being a fancy but empty definition without a process of institutionalization. 🙏 🙏 This Article results from a highly enriching spring semester at the Jean Monnet Center at New York University, where I was Emile Noël Fellow in 2023. I am indebted to many friends and colleagues with whom I have discussed the points made in this article. Some are on this social, and I would like to thank them publicly: Eric Heinze, Nedim Hogic, Oreste Pollicino, Angelo Jr Golia Micol Pignataro Mikel Diez Sarasola Ph.D, Thomas Streinz Of course, here, as everywhere, the usual disclaimer applies: Nobody but the author can be taken to account for the many omissions and imperfections that remain despite all the support received.

Does the obligation to protect freedom of expression extend to the non-enforcement of judgments that could have a chilling effect on public debate in EU Member States? And what are the legal implications within the framework of the EU’s mutual recognition regime? By analyzing the Real Madrid v. Le Monde case, Zuzanna Nowicka examines these and other questions in her latest GLJ article "SLAPP vs. Mutual Trust: Protecting the Public Debate Through Public Policy Considerations". Check it out at https://lnkd.in/gvv6N9SN

*New article* on EU law and image-based sexual abuse out now with Carlotta Rigotti and Franziska B. in the German Law Journal ➡️ We provide a comprehensive examination of the provisions in the EU Directive on violence against women regarding image-based sexual abuse, namely all forms of non-consensual taking, creating, and sharing of intimate materials, as well as threats to distribute them. This includes sexually explicit deepfakes aka sexual digital forgeries. ➡️ While we welcome the adoption of the Directive, we do identify a range of limitations and a failure to fully reflect the diverse experiences of victims. ➡️ We also consider the complementary roles of the Digital Services Act and the AI Act which impose obligations on online platforms, search engines, and AI developers. ➡️ Overall, we conclude that the current EU framework represents a promising but partial approach. If the EU is to comprehensively address all forms of image-based sexual abuse, and safeguard victims’ rights, implementation beyond the minimum will be required in all Member States together with proactive, effective regulation. 👏 Thank you to Dr Silvia Semenzin for bringing us together earlier in the year in Germany at the Centre for Advanced Internet Studies (CAIS) to discuss how to encourage EU institutions to do more regarding cyberviolence against women and girls, together with great colleagues #StopFisha Chayn Italia Não Partilhes Association Lucia Bainotti Dr Lilia Giugni Elisa García-Mingo Irma Mastenbroek Shanley Clemot McLaren HateAid Jenny Brunner https://lnkd.in/e8W4y4xD

The first comprehensive analysis of the (EU) 2024/1385 Directive's provisions on image-based sexual abuse (“IBSA”) is now out on the German Law Journal! Check out the article by Carlotta Rigotti, Clare McGlynn and Franziska B. Benning "Image-Based Sexual Abuse and EU Law: A Critical Analysis" https://lnkd.in/dRW_8XrP

Is the revision of EU guidelines in competition law necessary? In his latest GLJ article, Lukasz Grzejdziak analyzes the evolution of the views of economics on the effects of vertical integration. He confronts them with the theories of harm and efficiencies stemming from vertical mergers as described in the U.S. 2020 VM Guidelines, the U.S. 2023 Merger Guidelines, and the EU NHM Guidelines in order to show the dynamics, origins, and basic assumptions of changes in the standard for assessing vertical concentrations in the U.S. Have a look at the article at https://lnkd.in/dCGQ9-Un