bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Liability of the Tobacco Industry for Damage Caused by Smoking. Legal Theories and Legal Fictions
Authors: Donna Luca Di 
Published: April 2022

The tendency of the jurisprudence and doctrine on the nature of the liability for damages sustained by the consumer of tobacco is incoherent and vague, since sometimes the victim is burdened by the harshest burden of proof based on fault, other times is helped by the recognition of strict liability of manufacturers.
In the latter case, the protection of victim is undoubtedly more effective, because the damages are recognized regardless of the evidence of the subjective element of the infringement and, in particular, of the cigarette manufacturer's fault. Reaching this result has not been a easy route, and different legal systems have reacted with different legal arguments. In Italy the Supreme Court has recently put a full stop at the question, qualifying as "dangerous" the activity of production and trade of tobacco and applying, therefore, the rules devoted to govern this field which are devote to the liability of activities dangerous per se like mining or for the means used, like electricity. But this legal fiction is not always feasible.
Interaction between Russia and England in Civil Procedure
Authors: Khodykin Roman 
Published: April 2022

In civil or commercial disputes, the need sometimes arises to obtain evidence, to serve proceedings or other judicial documents, or to enforce some other judicial act in the territory of a foreign country.
Not only does this article present an overview of the Russian court system and its advantages and disadvantages, it also describes in great detail the legal assistance between Russia and England and covers the service abroad of judicial and extrajudicial documents, the taking of evidence abroad as well as the enforcement of English judgments in Russia.
Corporate Social Responsibility and Duties of Directors
Authors: Bevivino Guglielmo 
Published: April 2022

The aim of the paper is to determine whether the breach of rules of Corporate Social Responsibility (CSR) can lead to a sort of legal liability of directors. The analysis evaluates if social and ethical instances characterizing CSR may take a legal significance that is different from the mere granting of legitimacy to a stakeholder-oriented director's conduct. The contractual meaning of "company's interest", adopted in this paper due to its conformity with systematic legal framework, allows an expansion of the spectrum of enforceable situations. This argument lets us consider the duties of directors to act for the protection of interests other than those of shareholders as proper obligations.
The part of the paper dedicated to the comparison prospective shows the neutrality of the Italian legal framework on the issue of Corporate Social Responsibility. The British and American legal systems - through, respectively, the 2006 Company Act and the Statutes - indicate a more explicit and marked trend to leave the paradigm of shareholder value.
The final part of the paper is devoted to the comparison between the evidence regarding the identification of substantial obligation to protect stakeholders' interests and the business judgment rule as a response to the agency costs which liability rules produce. The comparison reveals under which conditions directors' liability takes place. Then we have hypothesized actual categories of violations: the first one results in the violation of the contractual obligation which requires the care of stakeholders' interests; the second one concerns the breach of procedural rules during the adoptions of the actual decision.
European Unions Investment Agreements and Public Debt
Authors: Bianco Giuseppe 
Published: April 2022

The on-going global financial crisis has hit Europe in an especially significant manner. With the legal vacuum surrounding sovereign debt restructurings, Bilateral Investment Treaties (BITs) and Free Trade Agreements (FTAs) signed by European countries can provide grounds for litigation in future debt crises.
The sovereign debt crisis in the heart of the Eurozone has materialized such dangers, and has had an impact on the European Union’s strategy as an actor in international investment. The problems experienced by Argentina before the ICSID have made European countries more aware of the potential hidden in their BITs. This has in turn led to a careful drafting of the CETA and the TTIP, and potentially of all the other major FTAs to follow.
The Interplay of Board Control with Board Configuration: Evidence from the UK
Authors: Gkliatis Ioannis , Koufopoulos Dimitrios , Pastra Aspasia 
Published: April 2022

The study aims to explore the control role that board directors undertake and understand the impact of several board characteristics on these roles. Building on existing literature a model was developed to test the hypothesised relationships – i.e. directors’ control role with board characteristics. The responses were collected from 115 directors in UK organisations. Principal component analysis was conducted to reduce the data and propose a set of directors’ roles and correlation as well as regression analyses are utilised in order to test the hypothesised relationships.
The results of the statistical analysis propose some impact of the board characteristics on what directors do, extending the limited empirical evidence found in the literature. However, the theoretical framework needs further examination and research.
The study is evidenced by various limitations. Firstly, additional constructs can be added as determinants of the directors’ control role. Secondly, the response rate in the survey is relatively low which is regarded as a limitation, although there are limited studies offering quantitative results from board members.
Board of directors, board characteristics, agency theory, control role, board structure, independent directors, frequency of board meetings, board size, CEO duality, board tenure
Insolvency of Significant Non-Financial Enterprises: Lessons from Bank Failures and Bank Resolution
Authors: Kokorin Ilya 
Published: April 2022

In the aftermath of the global financial crisis the EU bank resolution regime went through fundamental changes that seek to preserve financial stability and ensure continuity of critical functions. The same cannot be said of insolvency rules applicable to non-financial enterprises. Unlike bank resolution with its macroprudential and proactive focus, insolvency law has largely remained microprudential and reactive. Admittedly, unlike bank failures, corporate insolvencies usually do not pose systemic risk. However, in practice this may not hold true for significant non-financial enterprises (SNFEs). Such enterprises oftentimes play a major role in national economies and serve important public functions. Their failure may trigger contagion and cause disruptive consequences. Insofar as insolvency of SNFEs raises concerns common to bank failures, the question arises whether certain strategies and tools embraced within the EU bank recovery and resolution framework should be extended to regulate SNFE insolvency. This article explores the feasibility of such an extension.
Bank resolution, insolvency, significant non-financial enterprises, enterprise groups, Carillion, early intervention, recovery and resolution planning, living wills, public interest, systemic risk, critical functions.
Credit in Agriculture: In the Perspective of Banking Law, Financial Market Law and Insurance Law
Authors: Landini Sara 
Published: April 2022

The present paper aims to contribute to the solution of the problem of sustainable financing for agricultural enterprises. Farmers face new challenges: the bureaucratization of public and private funding, the risk of over-debt in case of natural adverse events. Intelligent use of blockchain in loan agreements with assistance from trade associations and insurance for pecuniary losses due to adverse events can be an answer.
Bank, Credit, Agriculture, Financial resilience
Sports Economy and Fight against Corruption: Which Limits to the Sporting Organisations Autonomy?
Authors: Di Marco Antonio 
Published: April 2022

This research studies the impact of the growth of the sports economy on the limitation of the autonomy of sports organisations, taking into account the driving role of the sovereign power of public orders to fight against corruption. It illustrates the idea according to which the economic governance of sport is based on the specific governance of the International Sports Movement and it verifies how and to what extent the public orders are affecting the regulatory autonomy of sport’s transnational legal orders. The study analyses, firstly, the legal status of the sporting organisations, arguing that the fundamental operational and organisational requirements of sporting organisations have international sources and transnational effects. Secondly, it considers the economic competences of sporting organisations, detecting the limits of sport autonomy due to the exercise of economic activities. Thirdly, it points up the international convergences on managerial transparency and some examples of national and international monitoring of economic activities in sporting organisations, delineating the emergence of a specific international legal framework for economic sports governance. The analysis, finally, identifies the limits of the recent developments at international level, exposing the potential role of the European authorities and the legitimate ways to justify the international limitation of the autonomy of sport.
Autonomy of sport, Private International Law, Public-private Governance, Corruption, Transnational Legal Order, Sports Economy, Legal Status of Sporting Organisations, Audit, Managerial Transparency, Economic Monitoring, International Sporting Convention
GREECE  In Search of a Modern Deus ex Machina: Towards an Orderly Bankruptcy of European Legal Orders
Authors: Pottakis Andreas 
Published: April 2022

'O my father, here am I to do thy bidding; freely I offer this body of mine for my country and all Hellas, that ye may lead me to the altar of the goddess and sacrifice me, since this is Heaven's ordinance. Good luck be yours for any help that I afford! and may ye obtain the victor's gift and come again to the land of your fathers. So then let none of the Argives lay hands on me, for I will bravely yield my neck without a word.' Iphigenia, in Euripides' Iphigenia at Aulis
The European Ombudsmans Role as a Developer of Norms of Good Administration
Authors: de Leeuw Magdalena Elisabeth 
Published: April 2022

European Ombudsman, the principle of good administration, norm development, European Code of Good Administrative Behaviour, ethics. This article analyses and discusses the role of the European Ombudsman (EO) as a developer of norms of good administration. Empirical research conducted by the applicant reveals that the EO is actively creating norms of good administration in his decisions on individual complaints. In this article, the normative view will be advanced that the EO has his own task and responsibility in respect of the review of administrative behaviour, which is different from the task and responsibility of the Court. Administrative bodies do not only have to act lawfully but also in accordance with the principle of good administration. In the author's view, the EO has his own responsibility in autonomously developing the ethical standard of good administration and developing norms of good administration and to review administrative behaviour for compliance with that standard. However, not everybody shares the view that the Ombudsman should do something else than the Court. Moreover, objections have been raised against standard-setting activities by the Ombudsman, questioning his democratic credentials and maturity. If the Ombudsman embraces the new view in respect of his role as a creator of norms of good administration, he would have to adapt his current mode of operation in a number of respects.
Can Russian Citizens Influence Public Decision-Making? An Evaluation against the Background of Article 25 of the ICCPR with Some Comparative Observations
Authors: Riekkinen Mariya 
Published: April 2022

In the context of international participatory standards, this article attempts to explore whether the contemporary legal system of the Russian Federation allows substantive public participation. The answer to this question is yes but only if effective remedies to protect participatory rights would be developed. International standards are gradually being implemented in Russia regarding those modes or ways in which the citizens can publicly express their attitudes concerning political issues. Exercising the freedom of speech, assembly, and association in order to participate in public affairs are among such ways. Nonetheless, sometimes the dubious actions of public authorities, revealed in the workings of the highest Russian courts and international human rights organs, still reveal shortcomings in the implementation of participatory rights.
Former President Guilty of Sexual Crimes: Some Constitutional Thoughts Following the Katzav Affair
Authors: Navot Suzie 
Published: April 2022

As these lines are written, Moshe Katzav, the former President of the State of Israel, is in jail. He was imprisoned at the conclusion of a long legal proceeding, the first of its kind ever to be conducted against a president. Moshe Katzav, was convicted of rape and additional sexual harassment offences, and was handed down a seven-year prison sentence. His appeal with the Supreme Court was dismissed. Known as the 'Katzav Affair' - the story triggered a public storm in Israel that continued for many months, ending almost four years after it began. In the course of the affair, while being suspected of sexual crimes, President Katzav refused to resign and actually used the presidential office as a platform to lash an unprecedented attack against the law-enforcement authorities and the media. The Katzav affair exposed a number of anomalies and lacunae in Basic Law: The President. This paper addresses these issues and analyses a few of the constitutional aspects of the case.
Rights and Remedies in Implementation of EU Policies by Multi-Jurisdictional Networks
Authors: Tidghi Morgane 
Published: April 2022

De-central implementation of EU policies is increasingly undertaken by administrative networks linking Member States and EU bodies. Such joint implementation procedures are designed primarily to allow for effective gathering and sharing of information across jurisdictional borders but their procedural design is not without consequences for constitutional values, the protection of rights of individuals and a workable system of remedies. This article identifies such consequences and challenges of network administration for constitutional rights and principles. It then explores some possible approaches for the structural, organizational and procedural design of de-central implementation of EU policies through executive networks. De-central but integrated implementation of EU law and policy has become the norm in most EU policy areas. Member States and EU bodies have established networks of joint gathering, use and exchange of information providing the basis of decision-making procedures in many policy areas. This article, first, looks at the origin and the growth of the phenomenon as well as its sometimes unintended consequences for individuals. The latter are not only the criteria for legality. More actively, they also require that any specific design of the system of implementation of EU policies further their realization. In line with these considerations, the second part of this article has the goal of discussing various possible remedies capable of ensuring the protection of individual rights and constitutional principles against the background of multi-jurisdictional, integrated implementation of EU law.
Margin of Appreciation, Violation and (in) Compatibility: Why the ECtHR Might Consider Using an Alternative Mode of Adjudication
Authors: Zoethout Carla M. 
Published: April 2022

Despite its success as a transnational court, the European Court of Human Rights has become a much-disputed institution over the past decade, one of the reasons being its frequent references to the 'margin of appreciation'. The use of the doctrine and its effects are often unpredictable, resulting in a questioning of the legitimacy of the Court and a renewed reflection on the role of the Court vis-à-vis the Member States of the European Convention. In order to contribute to rethinking this role, this article suggests an alternative mode of review as a supplement to the existing forms of adjudication by the Court. By means of three cases studies it will be illustrated that the margin of appreciation doctrine often lacks a clear outcome regarding the Convention standard. The result is a weakening of the (constitutional) position of the Court under the Convention system. An alternative mode of adjudication for the Court seeks to strengthen this position. The new form of review enables the European Court of Human Rights to act as a 'constitutional court' and set a standard for the Member States, without unduly infringing state sovereignty.
An EU Comparative Analysis of the Regulation of Clinical Trials Supervisory Bodies in the Aftermath of Regulation 536/2014
Authors: de Miguel Beriain Iñigo , Chortara Theodora , Duardo-Sánchez Aliuska , Feeney Oliver , Felzmann Heike , Fernández de Uzquiano Emma , Lievevrouw Elisa , Marelli Luca , Mattsson Titti , Rothmar Herrmann Janne , Minssen Timo , Pulice Elisabetta , Lúcia Raposo Vera , Robienski Jürgen , Penasa Simone , Van Hoyweghen Ine 
Published: April 2022

The new EU regulation on clinical trials is intended to promote a greater level of harmonization of European Union rules in this area. However, it does not elaborate a common normative framework regarding the functioning of research ethics committees, leaving this responsibility to the Member States. This article offers a comparative analysis of the resulting regulatory situation. It demonstrates that this scenario is defined by considerable variability in the regulation of ethics monitoring between the EU Member States. We argue that this disparity should not necessarily be a negative factor for theoptimization of the trial supervision regime in the EU.Moreover, we consider that it may be a stimulus for the achievement of excellence in the performance of this monitoring task. On the other hand, we also highlight risks for the rights of participants if an adequate monitoring framework is not ensured. Under these circumstances, we observe how the EU faces a dilemma. On the one hand, it may promote a rigid uniformity between the regulation of ethics committees between Member States, but this might diminish the quality of their performance.On the other hand, it may opt for maintaining the current situation, but this might increase differences in the performance of the ethics committees between Member States, including the number trials performed by country. A third option would be to allow the competitive framework to remain for a set period of time, in order to learn from the best practices reached in individual Member States before finally harmonizing national legislative provisions on this basis.
ethics committees, clinical trials, Regulation on clinical trials, regulatory competition
Sunday Dinners and Hot Baths in a ‘Wild Wild North’? The Nordic Discussions on Lobbying Regulation and Implications for the EU Transparency Agenda
Authors: Korkea-aho Emilia 
Published: April 2022

The Nordic countries are known as frontrunners of transparency, and the European Union’s transparency regime owes many of its ideals, if not the reality, to Northern influences. Nonetheless, although perceived as a transparency-enhancing measure, none of the Nordic countries has adopted lobbying regulation. Assessing the Nordic parliamentary and governmental debates from the 1980s onwards, this article offers an analysis of a complex relationship between legislative transparency and lobbying regulation in the five countries. The Nordic countries have different ideas of whose transparency lobbying regulation is meant to increase. In Sweden, Denmark and Norway, lobbying regulation is seen as a policy measure to enhance transparency about lawmakers’ activities, while the Icelandic and Finnish debates consider lobbying regulation as a way to increase information about the role lobbyists play in law-making. Although all the Nordic countries exhibit varying degrees of an elitist small country mentality where lobbying regulation would interfere with ‘informal governance’ by way of Sunday dinners and hot baths, the difference in transparency emphases is crucial. It helps to understand the divergent Nordic policy paths and to contextualize both EU and Member State discussions on lobbying regulations and transparency.
EU Courts, Right to trial within a reasonable time, Excessive duration of court proceedings, Effective remedies, Damages liability of the EU, Economic harm, Non-material harm, Conditions for liability, Requirements for establishing harm and causation, Significance for EU damages liability law
National Constitutional Identity Ten Years on: State of Play and Future Perspectives
Authors: De Witte Bruno , Fromage Diane 
Published: April 2022

This introductory article lays out the background of the inquiry proposed by the contributions of this special issue, while also presenting its main findings and adopting a forward-looking stance. To this end, it first briefly recalls what the origins of the identity clause are, before it discusses what meanings this clause could have. Subsequently, the main conclusions of the various articles are presented. The final part concludes by restating that national identity remains an undefined concept, which can only be defined on a case-by-case basis by means of dialogue between national and European courts.
National identity – constitutional identity – constitutional courts – European Court of Justice – judicial dialogue
Applying the Temporary Agency Work Directive to Platform Workers: Mission Impossible?
Authors: Rosin Annika 
Published: April 2022

In recent years most of the discussion among labour law scholars about platform workers has concentrated on their employment status. However, it is unclear which norms regulate platform work in cases in which the worker is classified as an ‘employee’. Platform work resembles temporary agency work (TAW) due to its fixed-term and triangular nature, giving rise to the question of whether provisions regulating TAW should be applied to platform work. The aim of this article is to analyse whether it is possible to apply the Temporary Agency Work Directive (TAWD) to platform workers and whether it would improve their employment conditions. It is argued that the automatic application of the TAWD to platform workers would be complicated and would not improve their employment rights. The main obstacles include the problems arising from the assignment of supervision and direction to the user; issues relating to the determination of working time; the identification of a comparator for the purposes of equal treatment, and the derogation from the principle of equal treatment based on qualifying periods. Other possibilities for the regulation of platform work need to be identified.
Platform Work, Temporary Agency Work, Temporary Agency Work Directive, Atypical Employment