Mapping Legal Innovation: Trends and Perspectives

Book published by Springer (2021)

The legal sector is being hit by profound economic and technological changes (digitalization, open data, blockchain, artificial intelligence ...) forcing law firms and legal departments to become ever ... [more ▼]

The legal sector is being hit by profound economic and technological changes (digitalization, open data, blockchain, artificial intelligence ...) forcing law firms and legal departments to become ever more creative in order to demonstrate their added value. To help lawyers meet this challenge, this book draws on the perspectives of lawyers and creative specialists to analyze the concept and life cycle of legal innovations, techniques and services, whether related to legislation, legal engineering, legal services, or legal strategies, as well as the role of law as a source of creativity and interdisciplinary collaboration. [less ▲]

The Handling of Digital Evidence in Luxembourg

in Caianiello, Michele; Camon, Albert (Eds.) Digital Forensic Evidence: Towards Common European Standards in Antifraud Administrative and Criminal Investigations (2021)

Book Review: Counter-Terrorism, Constitutionalism and Miscarriages of Justice: A Festschrift for Professor Clive Walker

in New Journal of European Criminal Law (2020), 11(2), 258-261

A Democratic Dénouement? The EU vs Terrorist Content Online | Um desfecho democrático? A União Europeia vs conteúdo terrorista online

in Publicum (2019), 5(2), 184-200

This paper explores the manifold aspects of the draft Terrorist Content Online (‘TCO’) Regulation which are of clear import for the democratic future of the internet insofar as they will reshape the ... [more ▼]

This paper explores the manifold aspects of the draft Terrorist Content Online (‘TCO’) Regulation which are of clear import for the democratic future of the internet insofar as they will reshape the boundaries of what is acceptable behavior online and set out tools and procedures for deciding what must be (potentially, pre-emptively) excised from the exchanges taking place there. The piece places particular emphasis on the proposal’s ramifications for legal certainty and freedom of expression in cyberspace. In doing so, it aims to raise the most salient policy concerns, legal difficulties and technological quandaries which ripple out from the EU legislator’s laudable goal of tackling violent and terrorist content online. The article is structured as follows: after a discussion of the foundational concept of “terrorist content” which applies across the board in the draft text (II), we distinguish its headline provisions tightening up service providers’ compliance with orders to remove or disable access to terrorist content (III) from those aspects of the proposal which aim to responsibilise providers to act unassisted against terrorist content, including through the hotly-debated use of proactive measures (IV). A few concluding remarks on the future direction of this live file are offered to close (V). [less ▲]

Overprosecution and Negotiated Justice in Europe

in Van Kempen, Piet Hein (Ed.) Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment (2019)

Choice of Forum and Cybercrime

in Ligeti, Katalin; Robinson, Gavin; European Law Institute (Eds.) Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law (2018)

Report: The European Commission's e-Evidence Proposal

in European Data Protection Law Review (2018), 4(3), 347-352

In April 2018, the European Commission presented a legislative package intended to enable, foster and formalise cross-border access by national judicial authorities to electronic evidence controlled by ... [more ▼]

In April 2018, the European Commission presented a legislative package intended to enable, foster and formalise cross-border access by national judicial authorities to electronic evidence controlled by private service providers.1 In particular the public-private character of the ‘cooperation’ envisaged in the proposed set-up raises several questions at the interface of criminal procedure and data protection law. This report provides a brief overview of the proposed EUlegislation and an introduction to themost salient attendant legal and policy-related issues. [less ▲]

Cross-border access to electronic evidence: Policy and legislative challenges

in Carrera, Sergio; Mitsilegas, Valsamis (Eds.) Constitutionalising the Security Union: Effectiveness, rule of law and rights in countering terrorism and crime (2017)

"Bespoke" UK-EU Police and Judicial Cooperation Post-Brexit

in Criminology in Europe (2017), 16(2), 11-14

To Score and to Protect? Big Data (and Privacy) Meet SME Credit Risk in the UK

in International Data Privacy Law (2017), 7(1), 48-69

Recent UK legislation facilitating the credit scoring of small and medium-sized enterprises using Big Data techniques and Open Data sources threatens to further hollow out information management norms and ... [more ▼]

Recent UK legislation facilitating the credit scoring of small and medium-sized enterprises using Big Data techniques and Open Data sources threatens to further hollow out information management norms and data subject rights enshrined in privacy and data protection law just as it is gathering unprecedented momentum in courts and on statute books across the EU. After examining the economic rationale for such measures and their envisaged impact on the credit risk industry, we argue that the associated regulatory re-shuffling and privacy-related safeguards are highly unlikely to address adequately the serious accuracy, transparency, and accountability concerns of individual data subjects. Would the effective, full enforcement of data protection principles and data subject rights really cripple the credit reference industry to the detriment of the nascent economic recovery, or is there a middle path and will the forthcoming EU General Data Protection Regulation provide it? [less ▲]