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This book presents the very first, interdisciplinarily grounded,
comprehensive appraisal of a future "Common European Law on
Investment Screening". Thereby, it provides a foundation for a
European administrative law framework for investment screening by
setting out viable solutions and evaluating their pros and cons.
Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only
three recent examples of controversially discussed company
takeovers in Europe. The "elephant in the room" is China and its
"Belt and Road Initiative". The political will in Europe is growing
to more actively control investments flowing into the EU. The
current regulatory initiatives raise several fundamental,
constitutional and regulatory issues. Surprisingly, they have not
been addressed in any depth so far. The book takes stock of the
current rather fragmented regulatory approaches and combines
contributions from leading international academics, practitioners,
and policy makers in their respective fields. Due to the volume's
comprehensive approach, it is expected to influence the broader
debate on the EU's upcoming regulation of this matter. The book is
addressed to participants from academia as well as to
representatives from government, business, and civil society.
This volume addresses contemporary challenges, enabled by modern
technology, that concern upholding freedom of speech where it
conflicts with social rights, such as respect for private and
family life, and with economic rights, such as the freedom to
conduct business or the right to free movement. In today's
networked world, technological shifts happen faster than most
people even realize. Some of these shifts have made us all
potentially powerful: media powerful. We used to sit in silence in
front of newspapers and TV screens, and the world was explained to
us by just a few sources. Today, thanks to the Internet, social
media, and Web 2.0, we can not only share our own thoughts with
everyone in a more self-determined way, but we can also take part
in public debate and even co-shape it ourselves. Of course, the
Internet is not a counter-design to the communication (power)
structures of the past. Gains in communicative self-determination
are threatened due to algorithmisation, platformisation, and value
extraction from self-created private markets. At the same time, the
empowerment of the individual challenges the old "grand speakers"
who are suddenly detecting "fake news", echo chambers, and filter
bubbles everywhere on the Internet. Internet-based communication
allegedly hinders us from the "one truth"; as if newspaper hoaxes,
propaganda, and narrow-mindedness were an invention of the
Internet. The current heated debate over "fake news", copyright,
and "upload filters" shows that we are unsure of how to deal with
the newer and more complex phenomena of Internet-based speech. This
is due in no small part to the fact that an important benchmark -
our constitutional compass - is still firmly rooted in the past.
Constitutions change far more slowly than technologies. Societal
changes can drive constitutional changes; but what about normative
content control? Today, there are already demands for "old-school
clarity": truth filters on social media platforms, horrendous sums
of liability for platforms that encourage (overly)thorough cleaning
up. However, it is equally true that private individuals
"regulate": they decide what is found on the Internet and who may
post on a given platform. Accounting for all interests at play and
striking a "fair" balance that avoids both a public and private
over- and under-regulation is a complex matter. The authors of this
volume not only provide reflections in their highly topical
contributions, but also share their understanding of what
constitutes a fair balance within the larger frame of freedom of
speech in a digital age.
This volume addresses contemporary challenges, enabled by modern
technology, that concern upholding freedom of speech where it
conflicts with social rights, such as respect for private and
family life, and with economic rights, such as the freedom to
conduct business or the right to free movement. In today’s
networked world, technological shifts happen faster than most
people even realize. Some of these shifts have made us all
potentially powerful: media powerful. We used to sit in silence in
front of newspapers and TV screens, and the world was explained to
us by just a few sources. Today, thanks to the Internet, social
media, and Web 2.0, we can not only share our own thoughts with
everyone in a more self-determined way, but we can also take part
in public debate and even co-shape it ourselves. Of course, the
Internet is not a counter-design to the communication (power)
structures of the past. Gains in communicative self-determination
are threatened due to algorithmisation, platformisation, and value
extraction from self-created private markets. At the same time, the
empowerment of the individual challenges the old “grand
speakers” who are suddenly detecting “fake news”, echo
chambers, and filter bubbles everywhere on the Internet.
Internet-based communication allegedly hinders us from the “one
truth”; as if newspaper hoaxes, propaganda, and narrow-mindedness
were an invention of the Internet. The current heated debate over
“fake news”, copyright, and “upload filters” shows that we
are unsure of how to deal with the newer and more complex phenomena
of Internet-based speech. This is due in no small part to the fact
that an important benchmark – our constitutional compass – is
still firmly rooted in the past. Constitutions change far more
slowly than technologies. Societal changes can drive constitutional
changes; but what about normative content control? Today, there are
already demands for “old-school clarity”: truth filters on
social media platforms, horrendous sums of liability for platforms
that encourage (overly)thorough cleaning up. However, it is equally
true that private individuals “regulate”: they decide what is
found on the Internet and who may post on a given platform.
Accounting for all interests at play and striking a “fair”
balance that avoids both a public and private over- and
under-regulation is a complex matter. The authors of this volume
not only provide reflections in their highly topical contributions,
but also share their understanding of what constitutes a fair
balance within the larger frame of freedom of speech in a digital
age.
This book presents the very first, interdisciplinarily grounded,
comprehensive appraisal of a future "Common European Law on
Investment Screening". Thereby, it provides a foundation for a
European administrative law framework for investment screening by
setting out viable solutions and evaluating their pros and cons.
Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only
three recent examples of controversially discussed company
takeovers in Europe. The "elephant in the room" is China and its
"Belt and Road Initiative". The political will in Europe is growing
to more actively control investments flowing into the EU. The
current regulatory initiatives raise several fundamental,
constitutional and regulatory issues. Surprisingly, they have not
been addressed in any depth so far. The book takes stock of the
current rather fragmented regulatory approaches and combines
contributions from leading international academics, practitioners,
and policy makers in their respective fields. Due to the volume's
comprehensive approach, it is expected to influence the broader
debate on the EU's upcoming regulation of this matter. The book is
addressed to participants from academia as well as to
representatives from government, business, and civil society.
This open access book looks into the evolution and current state of
the rule of law in the European Union (EU). The thirtieth
anniversary of the fall of the Berlin Wall is chosen as a natural
moment of stocktaking; assessing the progress made since the
beginning of the democratic reforms in Central and Eastern Europe
(CEE), but also critically analysing recent tendencies of rule of
law backsliding and open revolt against liberal-democratic values
in individual EU Member States. The volume is partly retrospective
in that it reflects on the challenges of the post-communist
transition and the process of Eastward Enlargement of the Union.
Yet it is also prospective, in so far as it reviews the variety of
novel mechanisms for strengthening rule of law enforcement in the
EU and gauges their potential for bringing sustainable, positive
change in this regard. All chapters are written by experienced
scholars and practitioners in the field of EU law and policy. The
ebook editions of this book are available open access under a CC
BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was
funded by the Swedish Studies Network.
This open access book looks into the evolution and current state of
the rule of law in the European Union (EU). The thirtieth
anniversary of the fall of the Berlin Wall is chosen as a natural
moment of stocktaking; assessing the progress made since the
beginning of the democratic reforms in Central and Eastern Europe
(CEE), but also critically analysing recent tendencies of rule of
law backsliding and open revolt against liberal-democratic values
in individual EU Member States. The volume is partly retrospective
in that it reflects on the challenges of the post-communist
transition and the process of Eastward Enlargement of the Union.
Yet it is also prospective, in so far as it reviews the variety of
novel mechanisms for strengthening rule of law enforcement in the
EU and gauges their potential for bringing sustainable, positive
change in this regard. All chapters are written by experienced
scholars and practitioners in the field of EU law and policy. The
ebook editions of this book are available open access under a CC
BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was
funded by the Swedish Studies Network.
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