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book (6)

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2022 (6)

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Book
Selbstbestimmung, Privatheit und Datenschutz : Gestaltungsoptionen für einen europäischen Weg
Authors: --- ---
ISBN: 3658333065 3658333057 Year: 2022 Publisher: Wiesbaden : Springer Fachmedien Wiesbaden : Imprint: Springer Vieweg,

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Abstract

In diesem Open-Access-Sammelband werden die aktuelle Herausforderungen für Privatheit und Datenschutz aufgezeigt, die durch die zunehmende Digitalisierung entstehen. Die Beitragsautoren analysieren, wie diese durch Governancemechanismen adressiert werden können. Als Alternative zu einem rein profitorientierten Digitalkapitalismus bzw. Digitalautoritarismus wird für einen eigenständigen europäischen Weg beim Datenschutz argumentiert, der auf eine gemeinwohlorientierte Technikentwicklung abzielt. Insbesondere befassen sich die Beiträge mit den Möglichkeiten für die Stärkung der Selbstbestimmung in der Datenökonomie und mit algorithmischen Entscheidungssystemen. Die Herausgeber Dr. Michael Friedewald leitet das Geschäftsfeld „Informations- und Kommunikationstechnik“ am Fraunhofer Institut für System- und Innovationsforschung in Karlsruhe. Er befasst sich u.a. mit Auswirkungen neuer Technologien auf Datenschutz und Privatheit. Dr. Michael Kreutzer verantwortet beim Darmstädter Fraunhofer SIT-Institut den Bereich „Internationalisierung und strategische Industriebeziehungen“. Herr Kreutzer forscht und publiziert seit mehr als 20 Jahren zu Fragestellungen des technischen Privatsphärenschutzes und der IT-Sicherheit. Marit Hansen ist die Landesdatenschutzbeauftragte Schleswig-Holstein und leitet das Unabhängige Landeszentrum für Datenschutz Schleswig-Holstein (ULD). Sie ist Informatikerin und Autorin vieler Veröffentlichungen zur datenschutzgerechten Gestaltung von IT-Systemen. Alle Herausgeber sind Mitglieder des „Forum Privatheit und selbstbestimmtes Leben in einer digitalen Welt“.


Multi
The European Arrest Warrant and EU Citizenship : EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure
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ISBN: 9783031075902 9783031075896 9783031075919 9783031075926 Year: 2022 Publisher: Cham Springer International Publishing

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Abstract

This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.


Multi
Cross-border EU Employment and its Enforcement : An Analysis of the Labour and Social Security Law Aspects and a Quest for Solutions
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ISBN: 9783031188541 9783031188534 9783031188558 9783031188565 3031188535 Year: 2022 Publisher: Cham Springer International Publishing

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This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.


Book
Higher Education and Research in the European Union
Authors: --- ---
ISBN: 9783030856908 Year: 2022 Publisher: Cham Springer International Publishing :Imprint: Springer

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This interdisciplinary book consists of three parts which examine the European Union policies on research and innovation, education and life-long learning, as well as the European Union Pillar on social rights and youth policies. In the first part, high-level experts analyze the European Research Area and its current enhancement, with emphasis on mobility and employability of researchers, especially in times of crises. In the second part, the governance architecture of the European Education Area(s) is explored and the new objectives of the Bologna Process, as well as the EU institutional framework of the recognition of skills and qualifications, are analyzed. Life-long learning is also important for the individual development of human capital especially for socially vulnerable people who could also benefit from literacy policies and skills development. The second part concludes with the evaluation of the EU education and training policy based on social indicators in the framework of the EU 2020 Strategy. In the third part, the book turns to Social Europe and the balancing between ordo-liberalism and ordo-socialism. It examines the EU Pillar of Social Rights and its impact on youth policies. It analyzes the EU youth policies e.g. on youth credit and their interaction with young people’s employment and education possibilities, with emphasis on the young people "not in education, employment or training" (NEETs).


Book
Higher Education and Research in the European Union : Mobility Schemes, Social Rights and Youth Policies
Authors: ---
ISBN: 3030856895 3030856909 Year: 2022 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

This interdisciplinary book consists of three parts which examine the European Union policies on research and innovation, education and life-long learning, as well as the European Union Pillar on social rights and youth policies. In the first part, high-level experts analyze the European Research Area and its current enhancement, with emphasis on mobility and employability of researchers, especially in times of crises. In the second part, the governance architecture of the European Education Area(s) is explored and the new objectives of the Bologna Process, as well as the EU institutional framework of the recognition of skills and qualifications, are analyzed. Life-long learning is also important for the individual development of human capital especially for socially vulnerable people who could also benefit from literacy policies and skills development. The second part concludes with the evaluation of the EU education and training policy based on social indicators in the framework of the EU 2020 Strategy. In the third part, the book turns to Social Europe and the balancing between ordo-liberalism and ordo-socialism. It examines the EU Pillar of Social Rights and its impact on youth policies. It analyzes the EU youth policies e.g. on youth credit and their interaction with young people’s employment and education possibilities, with emphasis on the young people "not in education, employment or training" (NEETs).


Book
The European Arrest Warrant and EU Citizenship
Authors: ---
ISBN: 9783031075902 Year: 2022 Publisher: Cham Springer International Publishing :Imprint: Springer

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Abstract

This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.

Keywords

Criminal jurisdiction. --- Criminal law. --- Criminal procedure. --- Criminal law --- Criminal procedure --- Courts --- Criminal justice, Administration of --- Procedure (Law) --- Public law --- Appellate procedure --- Criminal courts --- Trial practice --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Conflict of criminal jurisdiction --- Conflict of laws --- Exterritorial crime --- Jurisdiction --- International criminal law --- Pleading and practice --- Law and legislation --- Legal status, laws, etc. --- Law --- Civil rights. --- European communities. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Human rights. --- Europe --- European Law. --- European Fundamental Rights and Freedoms. --- Private International Law, International and Foreign Law, Comparative Law. --- Human Rights. --- European Politics. --- Europe. --- Politics and government. --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- European federation --- Basic rights --- Civil liberties --- Civil rights --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Constitutional law --- Human rights --- Political persecution --- Gay culture Europe --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Civil law

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