| 1. |
- Bergström, Carl Fredrik, 1965-
(författare)
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EU Rulemaking in Response to Crisis : The Emergence of the Principle of Energy Solidarity and Its Use
- 2023
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Ingår i: Nordic Journal of European Law. - : Nordic Journal of European Law, Lund University. - 2003-1785. ; 6:2, s. 100-112
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Tidskriftsartikel (refereegranskat)abstract
- This article presents an overview of the legal development in the energy market, within the general EU internal market, and focuses on the emergence of the principle of energy solidarity. The process has been premised on the inclusion of Article 194 TFEU in 2009 and the resulting shift of legal basis, from Article 114 TFEU. But the significant stages are more recent. The analysis takes its starting point in the ruling by the EU Court of Justice (Grand Chamber) in Case C-848/19 P, where the Court declared the existence of a principle of energy solidarity that both EU institutions and Member States must take into account in the normal operation of the internal market. Then, the article proceeds with an empirical assessment how that ruling has been exploited by the EU Commission and Legislature. The overall conclusion is that the principle defined by the Court in the context of Article 194 TFEU has enabled the EU Legislature to push the confines of its competences and, in that way, to respond to the energy crisis.
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| 2. |
- Engel, Annegret, et al.
(författare)
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Digitalisation in EU Competition Law and the Swedish Principle of Transparency
- 2024
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Ingår i: Nordic Journal of European Law. - 2003-1785. ; 7:2, s. 1-6
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The procedural and institutional rights granted by the EU Charter of Fundamental Rights have an important impact at national level in the application and interpretation of competition law by national courts and national authorities. In Sweden, the situation is particularly fascinating since the principle of openness – which affords a maximum standard of human right protection – may conflict with the procedural and institutional rights of the Charter, i.e. Articles 41, 47 and 53 of the Charter. The application of the Charter by the public procurement authority is also of interest here. Arguably, the principle of openness as defined by Swedish law should be respected in light of the procedural and institutional rights granted by the EU Charter.
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| 3. |
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| 4. |
- Engel, Annegret, et al.
(författare)
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Is This Completely M.A.D.? Three Views on the Ruling of the German FCC on 5th May 2020
- 2020
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Ingår i: Nordic Journal of European Law. - : Nordic Journal of European Law, Lund University. - 2003-1785. ; 3:1, s. 128-150
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Tidskriftsartikel (refereegranskat)abstract
- This brief note, on the Bundesverfassungsgericht’s Weiss judgment of 5th May 2020, highlights three implications of the German Federal Constitutional Court’s landmark ruling and its constitutional significance with implications for the wider context of Member States’ cooperation in the EU and European integration as a whole. We explain the relevant background of the judgment and argue that the specific issue created by the judgment might be addressed quickly but that the resulting judicial turmoil for the broader relationship between the law of the EU and the Member States can only be remedied by treaty changes in the longer term in order to avoid the Mutually Assured Destruction (M.A.D.).
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| 5. |
- Engel, Annegret
(författare)
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Only Fair? The Right to a Fair Trial Challenged in Case C-420/20 HN (Procès d’un accusé éloigné du territoire)
- 2023
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Ingår i: Nordic Journal of European Law. - 2003-1785. ; 6:1, s. 93-99
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The right to a fair trial forms an integral part of the rule of law in the EU and is enshrined in Article 47 of the EU Charter of Fundamental Rights. It provides that 'Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law.' Everyone shall have the possibility of being advised, defended and represented. Further details, particularly on the right to be present as an essential element of the right to a fair trial, can be found in EU secondary legislation, such as Directive 2016/343.This came under scrutiny in the course of the criminal proceedings against HN.
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| 6. |
- Engel, Annegret
(författare)
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The European Union and the Brexit Dilemma : A very British Problem?
- 2019
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Ingår i: Nordic Journal of European Law. - 2003-1785. ; 2:1, s. 24-37
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Tidskriftsartikel (refereegranskat)abstract
- This paper discusses the key legal issues arising from the constitutional conceptions of both the EU and the UK in the latter’s withdrawal process. It argues that the adherent Brexit dilemma is mainly the result of the UK’s non-codified constitution on the one hand, exposing legal uncertainty over institutional procedures, regional involvement, or the precise status of international law. Nevertheless, the EU’s composition of the withdrawal process as defined in Article 50 TEU has also caused confusion during the negotiations of the withdrawal agreement, the future EU-UK relationship, as well as the possibility of revocation. Due to its unprecedented nature, the several uncertainties and flaws inherent in this case have consumed valuable time and resources which could have otherwise been used more efficiently in order to ensure a smooth and orderly departure from the EU.
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| 7. |
- Engel, Annegret
(författare)
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The Long Awaited Trade Deal Between the EU and the UK - Expectations and Realities
- 2021
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Ingår i: Nordic Journal of European Law. - 2003-1785. ; 4:1, s. 25-35
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Tidskriftsartikel (refereegranskat)abstract
- At long last, the EU and the UK have struck an agreement on their new relationship defining future trade and cooperation across the Channel. However, expectations and realities do not always meet and so it is in the particular case here. The TCA is not an ordinary international trade agreement, as it contains distinct features which may disappoint those expecting a CETA-style deal. In addition, Brexit has the potential of developing into a never-ending story as the TCA by no means puts an end to the debate. Many questions remain unanswered which will have to be dealt with in the following years or otherwise run the risk of creating further divergence in the longer term, ultimately undermining the entire agreement and keeping the threat of a “no deal” scenario alive.
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| 8. |
- Enqvist, Lena, Juris doktor, 1984-, et al.
(författare)
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Employee Health Data in European Law : Privacy is (not) an Option?
- 2022
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Ingår i: Nordic Journal of European Law. - : Nordic Journal of European Law, Lund University. - 2003-1785. ; 5:1, s. 40-66
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Tidskriftsartikel (refereegranskat)abstract
- While there are many feasible reasons for employers to process employee health data, the protection of such data is a fundamental issue for ensuring employee rights to privacy in the workplace. The sharing of health data within workplaces can lead to various consequences, such as losing a sense of privacy, stigmatisation, job insecurity and social dumping. At the European level, the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and EU General Data Protection Regulation (GDPR)–two interconnected instruments–offer the most enforceable protection of employee health data. The article analyses the limits of employees’ right to privacy regarding health data, as delineated by the ECHR and GDPR. Using three fictive examples, we illustrate how the level of protection differs in these two instruments. In particular, we show that the protection of health data offered by the GDPR is seen as an objective act of processing at the time it is carried out, where the actual impact caused by the processing on private life is not considered. On the contrary, the ECHR’s applicability and offered level of protection in the employment context depend on subjective factors, such as the consequences of sharing the data.
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| 9. |
- Ericsson, Angelica
(författare)
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EU Law and the Discretion of Private National Decision-Makers, in Light of the Court’s Judgment in Case C-22/18, TopFit and Biffi
- 2020
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Ingår i: Nordic Journal of European Law. - : Nordic Journal of European Law, Lund University. - 2003-1785. ; 3:2, s. 82-82
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Tidskriftsartikel (refereegranskat)abstract
- This contribution aims to introduce the reader to a judgement from the Court of Justice which seems to broaden the scope of application of EU free movement rules to private regulatory bodies in two ways. On the one hand, this judgment expands our understanding of what type of private regulation can fall within this scope. On the other hand, it shows that EU law requires a private prior authorisation scheme to be infused with the same objectivity safeguards as those that have been required for public ones.
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| 10. |
- Fåhraeus, David
(författare)
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Processing personal health data in the context of the European online pharmacy market : lawful bases under the GDPR and Swedish law
- 2023
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Ingår i: Nordic Journal of European Law. - : Lund University Open Access. - 2003-1785. ; 6:1, s. 30-56
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Tidskriftsartikel (refereegranskat)abstract
- Over the past three years, the European online pharmacy market has grown significantly and is expected to continue to grow at a rapid pace. One of the key factors that may further catalyse this growth is the personal health data that online pharmacies can collect. If online pharmacies use these data lawfully and with the public interest in mind, this may provide the opportunity to positively transform not only the online pharmacy market but also the entire healthcare industry. In order to maximise the benefits of these personal health data for improving public health but at the same time protect European citizens’ privacy, further analysis of the data protection laws and their applicability in the context of the online pharmacy market is necessary. Currently, there still lacks clarity, for example, regarding the lawful bases under the GDPR for processing personal health data for scientific research purposes. Therefore, this article identifies the main purposes for which online pharmacies may choose to process personal health data and which lawful bases under the GDPR may be suitable to address them. This article will additionally address Swedish law in order to provide an example of the interaction between national laws and the GDPR when processing personal health data in the online pharmacy market.
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