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    European Studies: The Review of European Law, Economics and Politics

    European Studies: The Review of European Law, Economics and Politics

    JournalISSN 1805-8809eISSN 2464-6695

    年发文量

    研究主题

    论文(128)

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    1EU PIL, Blockchain, Smart and Ricardian Contracts 2.0
    Michal Malacka

    Summary This study analyses blockchain technologies and smart contracts within the framework of European Union private international law. It shows that the EU has not recognized blockchain or smart contracts as autonomous legal institutions but regulates them through a technologically neutral and sector-based approach. From a private international law perspective, smart contracts are not independent connecting factors. They are technical tools for concluding and performing contracts, and the applicable law is therefore determined by the Rome I Regulation. Party autonomy remains central, and in the absence of a valid choice of law, the applicable law is identified by objective criteria such as the characteristic performance or, in residual cases, by the test of the closest connection. The decentralized and global nature of blockchain does not in itself displace these rules. The study identifies Ricardian contracts, and especially possible Ricardian 2.0, as a legally compatible architecture for smart contracts. By linking legally binding text with code and blockchain execution, they preserve choice of law, judicial interpretation and mandatory rules while enabling automated performance. The EU approach thus integrates new technology into the existing legal order rather than replacing it.

    2025
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    2Digital Platforms and the Role of Shared Economy
    Eva Zorková

    Summary The shared economy is currently a rapidly developing segment of the economy, which is gaining more and more popularity, especially in cities and highly populated areas. The shared economy is closely linked to digital markets, as it usually uses digital platforms for its operation. This article focuses on shared economy definition as well as digital platform differentiation and related EU primary and secondary legislation, as well as case law.

    2025
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    3Temporary Protection in International and EU Law: Historical Evolution, Legal Frameworks, and Contemporary Challenges
    Olena Sviatun,Alla Fedorova, Ondrej Hamuľák

    Summary This article provides a comprehensive analysis of the concept, history, and legal frameworks of temporary protection as a response to mass influxes of displaced persons. It traces the evolution of temporary protection from early international and national practices to the European Union’s codified Temporary Protection Directive and its first operational activation because of the full-scale Russian invasion of Ukraine in 2022. The study compares temporary protection regimes in the EU, United States, and Turkey, highlighting their distinct legal bases, eligibility criteria, and practical challenges. Emphasis is placed on the balance temporary protection seeks between humanitarian needs, state capacity, and political considerations, as well as its role as a complement to traditional asylum. The article further explores ongoing implementation issues, including variation in national practices and the tension between temporary relief and longer-term solutions for displaced populations. By synthesizing legal, policy, and operational perspectives, the article enriches understanding of temporary protection’s critical function in contemporary international refugee and migration law.

    2025
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    4Europe’s New Constitutional Democracies As Constitutional “postmodernity”? (or Even the Modernization of Classic Constitutional Models?)
    Karel Klíma

    Abstract Revolutionary political changes in the former socialist states of Central and Eastern Europe, including the Balkans, have taken place since the early 1990s. 20th century and fundamental changes in constitutional systems. The creation of democratic constitutionalism brought several original solutions in the parliamentary form of government, the institutional structure of the constitutional division of power, and territorial self-government. Thus, the protection of constitutionally guaranteed human rights and the protection of constitutionality through a specialized constitutional judiciary has significantly expanded in Europe. The purpose of the article is to demonstrate that the creative constitutionalism of these new democracies brought many new constitutional solutions. At the same time, the construction of democratic constitutionalism made significant use of classical constitutional models of democratic constitutionalism such as the French, English and US. In this way, the article builds on the hypothesis whether it is a modernization of classic constitutional models.

    2025
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    5EU Customs Policy Development and Its Legal Limits in the Slovak Republic
    Karin Cakoci, Peter Kuko

    Summary The aim of this paper is to identify the process of shaping the customs policy of the European Union, its legal framework, and the limits of the competences of a Member State, using the Slovak Republic as an example. The authors base their analysis on the provisions of the EU Treaties and on national legislation implementing European norms. The paper identifies key areas of EU policy-making that restrict the sovereign powers of the Slovak Republic and highlights the practical implications of these limitations for the functioning of the customs administration. In conclusion, the authors propose recommendations to enhance the coordination between EU and Slovak customs policies, including de lege ferenda proposals related to measures that could improve the effectiveness of customs policy implementation in the Slovak Republic.

    2025
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    立即登录,查看全部 128 篇论文

    高被引作者

    作者引用发文
    Lusine Vardanyan63
    David Ramiro Troitiño62
    Roman Petrov51
    Hovsep Kocharyan43
    Sanja Ivic41
    Ondrej Filipec33
    Václav Stehlík23
    Tatjana Muravska22
    Rafael Dean Brown21
    Sergejs Stacenko21

    高产作者

    作者引用发文
    Ondrej Hamulak14
    Lusine Vardanyan63
    Václav Stehlík23
    Hovsep Kocharyan43
    Ondrej Filipec33
    Maria T. Patakyova03
    Alla Fedorova03
    Inna Steinbuka12
    Tetiana Tarakhonych12
    Tatjana Muravska22

    相关期刊

    Maastricht journal of European and comparative law
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    REVISTA GENERAL DE DERECHO EUROPEO