Federica Casarosa - Böcker

This volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue.While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context.Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

This volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue.While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context.Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

This book addresses the impact of developments surrounding the freedom of expression of judges by building on the experience of judges themselves, legal practitioners and academics across Europe. Like everybody, judges enjoy freedom of expression. However, historically, there have been starker limitations to the free speech of judges compared to ordinary citizens, the rationale being to safeguard judicial independence, impartiality and public trust in the judiciary. Where exactly the boundary lies is a highly complex question. The recent developments in Europe have rekindled the dilemma of guaranteeing freedom of expression to judges. The rule of law crisis has led many judges to speak out against the attacks of autocratic governments targeting judges and courts. The rapid expansion of the digital world has opened up new channels of communication, and the growing role of courts in society has expanded the reach of courts to practically any social issue, even the most polarised. This work critically analyses the recent jurisprudence of the Court of Justice of the EU and the European Court of Human Rights, its reception at the national level and the contribution of national judiciaries to the discussion pervading the European judicial space. It seeks to raise awareness that judicial speech is a multifaceted phenomenon shaped by complex legal and social considerations worth further exploration. The book will be of interest to academics, researchers, and policy-makers working in the areas of Human Rights Law, Constitutional Law and Politics, and Comparative Law.

This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars.This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice of the European Union on the application of the EU Charter of Fundamental Rights.

This open-access volume provides a comprehensive guide to the most pressing challenges arising from the technologies that enable personalized medicine. It brings together theoretical, empirical, and case study-based contributions that span across disciplinary boundaries to examine related problems and propose solutions critically.Personalized medicine is the next frontier in scientific, public health, and commercial advancements. By recognizing the uniqueness of each human body, data-driven treatments and digital, robotic devices are being increasingly developed to enable patients and medical personnel to benefit from highly accurate and personalized diagnoses and therapies. Healthcare customization is based on predictive, preventive, personalized, and participatory elements – each of which requires an interplay between healthcare systems, medical personnel, patients, as well as bioengineers, economists, regulators, lawyers, and business owners. If the goal of more proactive patient inclusion is to enhance the efficacy of personalized medical interventions, it is also paramount to evaluate whether the adoption of customized solutions is sustainable from both economic and organizational perspectives. Legal norms provide the framework in which the development of new medical devices, the sharing of data for the public good, and the provision of healthcare may occur.This area of research and practice is regulated by a complex mix of norms concerning personal and non-personal data, AI governance, cybersecurity, health law, and liability regimes. In ever-evolving domains where some regulations still need to be defined, approved, or implemented, researchers and practitioners need guidance to enable the safe-by-design development of medical technologies.The book is organized in three sections: I) “Facilitating and Protecting Personalized Medicine,” which revolves around the mechanisms that enable the sharing and reuse of health data within the Common European Data Spaces, seeks to address the cybersecurity challenges posed by medical technologies, and critically discusses the definition of scientific research in recent legislative efforts; II) “Scoping Challenges Through the Players in the Personalized Medicine Ecosystem,” which gathers varied interdisciplinary insights from scholars and practitioners in the fields of medicine, economics, engineering, education and compliance; and III) “Challenges of Personalized Medicine for Liability,” which focuses on the challenges that personalized data-driven medicine poses for traditional and novel liability regimes.