Browsing by Subject "Law"

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  • Klabbers, Jan (Routledge, 2021)
    In this chapter, the author argues that aiming to establish the accountability of experts is, properly conceived, all but impossible, for a variety of reasons. One is that the notion of accountability is itself too unstable to be of much use; another is that the notion of expert defies easy definition and application; but the major reason is that it is precisely the point of governance by experts to be unaccountable. If accountability is a complex and under-conceptualized notion, it is likewise by no means self-evident what makes an expert. On one level, there needs to be some kind of expertise (whatever that may mean), but leaving it at this is casting the net rather too wide perhaps. There are at least two other factors at issue: the kind of expertise someone possesses, and whether that person occupies some kind of particular role in the exercise of governance.
  • Kosola, Silja; Salminen, Päivi; Kallio, Pentti (2016)
    Background and aims: In our previous study, the annual number of adolescents treated at Helsinki Children's Hospital and Toolo Trauma Centre for injuries from moped and scooter accidents increased five-fold between 2002 and 2007. In June 2011, the requirements for a moped/scooter license changed to include driver's education and a vehicle handling evaluation. The aim of this retrospective study was to assess the influence of legislative changes on moped and scooter related serious injuries in adolescents. Patients and methods: Data from 520 patients (age 15-16) treated for trauma from moped and scooter accidents at our institutions between January 2008 and December 2013 were included. Case numbers were compared with population data from national databases. Overall incidence, trauma mechanism, injury profile, and proportion of patients requiring hospital admission were calculated for time periods before and after the law amendment. Results: After the law change in 2011, the annual incidence of moped/scooter injuries among 15-year-olds in our area decreased from 0.8% in 2011 to 0.3% in 2013 (p <0.001), and estimated incidence of injuries per new moped/scooter license declined from 1.8% in 2011 to 1.0% in 2013 (p = 0.001). Simultaneously, proportions of patients injured in collisions, diagnosed with multiple trauma or requiring in-patient care reduced. Conclusions: A change in moped/scooter license requirements may have a causal relationship with both reduced number and severity of moped/scooter related injuries in adolescents. (C) 2015 Elsevier Ltd. All rights reserved.
  • Heusala, Anna-Liisa (Routledge - Taylor & Francis Group, 2017)
    Routledge Contemporary Russia and Eastern Europe Series
  • Etxabe , Julen (2020)
    In a 2006 article, Duncan Kennedy identifies politics as the central dilemma of contemporary legal thought, but affirms that law is non-reducible to politics, which could be read as a partial retraction from the known coda “law is politics.” This essay suggests an interpretation of his refusal to conflate law and politics not in terms of disavowal, or a way of distancing politics from law, but as an attempt to carve out a space from where to think of the relational aspect between law and politics. This becomes necessary due to a current phenomenon which Pierre Schlag calls “dedifferentiation,” where no distinction—and hence no relation—seems to be possible between law and other spheres of life. Opposing that conclusion, this article contends that engendering relations allows us to keep the terms connected in relative motion. The essay then moves to describe four distinct modes of framing the relation between law and politics, which gives rise to very different disciplinary projects: law as politics, dating back to the legal realist movement; law as political science, which finds its current expression in empirical and quantitative research; law as political philosophy, generated by a renewed interest in “the political”; and law as political contingent, growing out of a similar interest but challenging the boundary-setting ambitions of philosophy. While the latter has not yet been adequately translated into law, I suggest as an alternative the work of Jacques Rancière, which declines to grant an aura of invincible ubiquity to any totalizing description, including neoliberalism’s attempt to present itself as a world system.
  • Bu-Pasha, Shakila (Helsingin yliopisto, 2018)
    Using location-based services (LBSs) via location-aware applications (apps) and websites on devices including smartphones, tablets and laptops has become inevitable for most device users. Smartphones and smart devices are equipped with sophisticated positioning sensors that can determine the location and physical movements of their users. A variety of risks and threats have been associated with the location data privacy of individuals in this digital era. This dissertation addresses a common and significant legal problem: the relationship between collection of location data in mobile device usage and the European Union (EU) law on the protection of personal location data and privacy. Along with the traditional human rights law, the EU information and communications technology (ICT) as well as data protection law play a significant role in the privacy and personal data protection of mobile device users. Article 4(1) of the General Data Protection Regulation (GDPR) expressly includes location data as an “identifier” of personal data. This dissertation pictures the vulnerabilities of location and location data (which may potentially be sensitive data) in mobile devices and while using the Internet and particular apps on those devices. The theoretical framework for the dissertation includes the EU as a single society in the digital environment, as well as location privacy and cross-border issues under EU data protection law. The need for obtaining user consent and maintaining transparency and accountability on behalf of online platforms and other responsible bodies as data controllers and processors are also described. The main aspect related to localisation in mobile devices concerns data protection addressing protection of privacy online and personal data which includes location data. This aspect emphasises the efficiency of EU data protection legal system, more specifically with the introduction of the GDPR, which can effectively bind data controllers such as multinational technology companies, online platforms and other entities for safeguarding data subjects’ right to privacy and personal data protection and for the promotion of smooth and safe public participation on the Internet via mobile devices. At the same time, the dissertation covers international and EU Law aspects of the mitigation of harmful radio interference in Global Navigation Satellite System (GNSS) and radio communication system for the accuracy in location estimation and location services. On the ground of protection of privacy, the EU law does not permit using illegal devices like jamming and spoofing devices which hamper GNSS technology and services. By researching a comparatively new branch of law and a new topic, the dissertation contributes to the efficient protection of location data and privacy.
  • Tan, Xiaowen (Helsingin yliopisto, 2020)
    The dissertation studies the rules of evidence in damages actions for EU competition law infringements. This study examines which norms of EU law and EU law principles govern evidentiary rules in Member States. Further, it discusses ambiguities and open questions in the entirety of EU law that relate to evidence matters in cases involving breaches of EU competition law. The study also investigates the more general theme of the parallel application of EU and national law, in order to explore how the substance and the goals of EU law affect the application of evidentiary rules in private competition enforcement cases. To serve this purpose, this study applies a predominantly legal doctrinal approach. Hence, this study interprets and systemizes relevant EU laws, EU caselaw and soft-law guidance, which provide details regarding evidence-related issues. The challenge in conducting this study also lies in the difficulty of extracting useful and relevant details from a large amount of EU caselaw and legal documents. It takes time, energy and patience to carry out such research. This study consists of six sections. Section 1 introduces the background of this topic (i.e. private enforcement of EU competition law), reviews contemporary literatures on related issues, proposes research questions, limits the scope of this study, and describes the legal doctrinal methodology applied. Section 2 discusses the current legal framework for this study, focusing mainly on the applicable EU principles, EU laws, EU caselaw, and soft-law guidance. Section 3 analyses the burden of proof. This section explores the legal burden to prove the infringement, the burden to prove other elements of liability including the harm and the causal link, and presumptions that are employed to alleviate an overwhelming burden of proof. Section 4 concerns issues related to standard of proof. This section analyses in detail the constitutive requirements for a damage claim and the level of persuasiveness to which claimants should prove. It includes standards of proof for the infringement (in stand-alone cases only), the harm, and the causal link between the harm and the infringement. Section 5 considers the central issue – access to evidence. This section enquires into the available approaches for claimants to obtain sufficient evidence to support their claims. The claimants have, in principle, two options, either to request direct access from competition authorities or to request access indirectly through national courts. Indirect access might target evidence in the hands of competition authorities, a competent review court, the defendant, or a third party. Section 6 concludes the dissertation, first by providing an overview of the issues discussed, second by presenting key findings and further implications therein, and third by looking into future research. This study observes that EU law and CJEU caselaw remain significantly silent on many issues related to evidentiary rules in private enforcement of EU competition law. In case of genuine ambiguities, the CJEU may interpret the Damage Directive and other EU law in the form of preliminary rulings. Thus, the CJEU is capable of incorporating certain features and concepts of the EU competition law into its caselaw that national courts must respect when they apply the relevant evidentiary rules. Such incorporation has given rise to a set of fragmentary and non-systemized rules of evidence when both EU law and national law apply in antitrust damages actions. This condition raises concerns when damages claimants are not certain of the applicable rules they could rely on, or of national courts’ application of those rules, or of the rights and obligations conferred to them by those rules. It also imposes higher requirements on the quality and capacity of national judiciaries and pushes national courts to be fully prepared for damages actions for EU competition law infringements. These features all reinforce the perception of EU competition law and damages actions for EU competition law infringements as highly specialized areas that are not easily accessible by ordinary judges or ordinary victims. Thus, damages actions for EU competition law infringements have deviated from other damages claims in normal civil torts.
  • Heusala, Anna-Liisa (2018)
    The article analyzes the evolution of Russian migration policy vis-à-vis national security thinking in a historical perspective. The idea put forward is that Russian migration policy is built on the early Soviet experiences of population control, in which ‘national security’ was an essential component of policy developments. In today’s conditions, the interconnectedness of transnational security challenges, such as large-scale migration, is an important factor that officially motivates Russia to emphasize pragmatic institutional choices. Russia has followed the global trend of securitization of legislation and administrative policies underlying the re-emergence of national security as an important policy framework. This ambitious framework is constrained by unfinished institutional changes and legacies rooted in the Soviet past. Migration continues to be an arena of policy-making where different interests override each other. Russian migration policy can best be described as an attempt to find a balance between economic incentives and security concerns, or between institutional pathologies and recycled dysfunctions and the need for modernization.