Regulating Complex Contracting: A Socio‐legal Study of Decision‐Making Under EU and UK law

The article evaluates interview data on decision‐making under public procurement law using Halliday's analytical model on compliance with administrative law. In this study, unlike other studies on administrative compliance, the decisions faced by public bodies are not routine; they relate to the award of complex, high‐value contracts. Two contrasting decisions in the procurement process are discussed: the decision over the choice of procedure at the outset of the process, and the decision over the extent to which the public body should negotiate with the winning bidder towards the end of the process. The article considers the rationales behind decisions, and finds that, although public bodies are generally predisposed to comply, legal uncertainty means the relevance of commercial pressures and challenge risk impact heavily on approaches to compliance, even shaping understanding of what compliant behaviour actually is.     

Ownership of personal data in the Internet of Things

This article analyses, defines, and refines the concepts of ownership and personal data to explore their compatibility in the context of EU law. It critically examines the traditional dividing line between personal and non-personal data and argues for a strict conceptual separation of personal data from personal information. The article also considers whether, and to what extent, the concept of ownership can be applied to personal data in the context of the Internet of Things (IoT). This consideration is framed around two main approaches shaping all ownership theories: a bottom-up and top-down approach. Via these dual lenses, the article reviews existing debates relating to four elements supporting introduction of ownership of personal data, namely the elements of control, protection, valuation, and allocation of personal data. It then explores the explanatory advantages and disadvantages of the two approaches in relation to each of these elements as well as to ownership of personal data in IoT at large. Lastly, this article outlines a revised approach to ownership of personal data in IoT that may serve as a blueprint for future work in this area and inform regulatory and policy debates.     

The EU law “core” module: surviving the perfect storm of Brexit and the SQE

This article seeks to examine the potential impact of the vote to leave the European Union (EU) in the UK referendum in June 2016, together with changes to professional training, notably the imposition of a new Solicitors Qualifying Examination (SQE) from 2019/20, on the teaching of EU law in law degrees in England and Wales. The history of the qualifying law degree (QLD) and the place of the EU law core module within it are explained. The likely continuing effect of EU law in the English Legal System is summarised, and the reduction in EU law content in the requirements for professional training as compared with that customary on a QLD is noted. In the light of these apparent threats to the EU law module, possibilities are explored for rethinking approaches to teaching law which would reinvigorate the significance of EU law in law degrees which may well undergo redesign in the light of the changes considered here.     

Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

South Africa's financial and economic prospects for the next five years

South African dominance of trade in Africa as well as its position as a regional hegemon was entrenched by the Trade, Development and Cooperation Agreement (TDCA) with the European Union in 1999. South Africa's full-blown integration into the BRICS (Brazil, Russia, India, China, South Africa) formation since 2011 has brought new dynamics, however, as South Africa now has a marked BRICS orientation. Although the European Union (EU) as a bloc is still South Africa's largest trading partner, China has become South Africa's largest single-country trading partner. The question arises as to whether this new found loyalty makes sense in terms of South Africa's regional position and its trade prospects. Against the background of more intra-industry trade with the EU and the new and growing inter-industry trade with the other BRICS economies, South Africa's trade share of African trade has been in relative decline. This study uses an international political economy framework to analyse South African trade hegemony based on the TDCA and the possible effects of a shift towards BRICS. The conclusion is that, although the shift towards BRICS can politically be justified, economically it should not be at the expense of the benefits of the more advantageous relationship with the EU.     

Global international relations and the Arab Spring: the Maghreb’s challenge to the EU

Abstract

This article contributes to the Global International Relations project by critically evaluating the roles ascribed to Europe and the EU by Levitsky and Way in their model for explaining regime transitions. Focusing primarily on their international dimensions of linkage and leverage, it assesses both the normative geopolitical underpinnings and explanatory power of their thesis, drawing on the North African cases of Tunisia and Mauritania at the start of the Arab Spring to illustrate and substantiate its observations and arguments. It concludes that the EU’s failure to discipline either country’s competitive authoritarian regime raises important questions about the validity of the privileged role in which they cast Europe.     

National Parliamentary Control of EU Policy: The Challenge of Supranational Institutional Development

The history of the EU is characterised by rapid and complex institutional development. This leaves European Affairs Committees (EACs) in national parliaments with a moving target problem in their endeavours to control the government's EU policies. This paper investigates how EACs react to this challenge. Building on the rational delegation literature, it is argued that EACs are likely to adapt control instruments in tandem with institutional changes at the supranational level. Using McCubbins and Schwartz (1984, American Journal of Political Science, 28, 165–179), it is further argued that EACs are likely to want to impose both police patrol and fire alarm control on the government. These arguments are investigated in the case of Denmark during the 50-year period since the first Danish application for EU membership in 1961, and considerable support is found for the authors' hypotheses.     

China and Europe: engagement,multipolarity and strategy

Abstract

Ever closer relations between China and Europe over the last decade have sparked speculation about an emerging axis or balance of power vis-à-vis the United States. China, the European Union and its key member states have expressed a preference for a more balanced international order based on multilateral institutions. Despite a rapid and extensive expansion in economic and political relations between China and the European Union, there is no evidence for balancing against the United States in strategic areas. Rather, the variations in the positions of China, the European Union and the United States can more accurately be seen as policy or interest bargaining. Because the European Union does not share US security interests in the Asia-Pacific region, the European Union and its key member states can seem at variance with the US position on China. Bargaining over the failed attempt to lift the European Union's arms embargo against China shows that the European Union and the United States are not so far apart on strategic issues in the Asia-Pacific.     

The Legal Obligations of Albania in the Stabilization and Association Agreement Between Albania and EU

The purpose of this article is to discuss the legal effects of the preliminary agreement between Albania and EU （European Union） on the EU and on the Albanian national legal system. The topic is ＂The Legal Obligations of Albania in the SAA （Stabilization and Association Agreement） With EU＂, and the purpose is to address the issue of harmonization and application of the obligation in the most effective way regarding the EU legislation. The method used is systematic, comparative and teleological analysis of the European and national legal systems and inherent principles and reflection on the ways of integration and coordination between them. At first the sources and features of the EU legal system will be presented. Then the application of these principles in preliminary and pre-accession agreement and through them their influence over the EU and over the national legal system of the pre-accession states will be presented. The contribution will be to argue that the preliminary agreement between EU and Albania creates legal effects both on the EU and on the national legal system of the pre-accessions countries. Their lull and effective application will be the duty of national court and legislators.