Working papers

The Interaction between Free Movement Law and Fundamental Rights in the (Digital) Internal Market

by Ulla Neergaard (University of Copenhagen, Faculty of Law) and Sybe A. de Vries (Utrecht University School of Law)

This paper analyses the interaction between free movement law and fundamental rights (as expressed in the Charter of Fundamental Rights of the European Union), by looking specifically into Case C-78/18 about the Hungarian NGO Transparency Law. The case is of interest because the Court of Justice of the European Union had to clarify if the Charter should apply to national laws that are not directly implementing EU Law, but are restricting the EU’s fundamental freedoms, and because it constitutes a very important step in upholding the rule of law and democracy in the EU’s Member States.

Publication details at: The Interaction between Free Movement Law and Fundamental Rights in the (Digital) Internal Market by Ulla Neergaard, Sybe A. de Vries

                                                        _______________

ICT Standards Bodies And International Trade: What Role For The WTO? 

by Olia Kanevskaia (Utrecht University School of Law Research Paper Series, Reprinted from the Journal of World Trade, Volume 56 issue 3 – May 2022)

Standardization of information and communication technologies (ICT) has become essential for the global economic activity. Because ICT standards are generally produced by the private sector, their trade-restrictive effects have so far largely managed to escape the purview of the WTO. However, due to their growing normative consequences, the status quo of ICT standards and ICT standards bodies in multilateral trade cannot be maintained any longer. This Article argues that the WTO has powerful tools to address trade-restrictive effects of ICT standards.

                                                        _______________

01/21: Philip Bennett and Hans van Meerten ‘Bauer and beyond: The changing interpretation of Article 8 of Directive 2008/94/EC (Protection of employees’ pension rights on employer insolvency) and its impact on Member State pension protection arrangements on employer insolvency. Read and or download this working paper (pdf)