Digital Development of the European Union: An Interdisciplinary Perspective

Foreword
Contents
Part I: General Aspects
The Digital Future of the European Union
1 Introduction
2 Content
References
Priorities and Challenges: The Digital Transition in the European Integration
1 Introduction
2 Digital Agenda for Europe
3 Obstacles to Digital Transition
4 Working System
5 Challenges
6 European e-Democracy
7 Conclusions
References
`Spill Over´ and `Fail Forward´ in the EU´s Cybersecurity Regulations
1 Introduction
2 Failing Forward Framework and Cyber Eras
3 Cyber Sleeping (1994-2007)
4 Cyber Awakening (2008-2013)
5 Cyber Reacting (2014-2019)
6 Cyber Powering (2020-)
7 Conclusions
References
Online Sale of Pharmaceuticals: Liberalization of EU Law in the Context of Transnational Criminal Law
1 Introduction
1.1 Dimensions of the Problem
1.2 Effects of the Global Health Crisis During COVID-19
1.3 Criminality of SSFC Sales
1.4 Law Enforcement Considerations
1.5 Growth of Illicit SSFFC Sales
1.6 Recommendation
2 The Unity and the Divergence of EU Pharmacological Legislation to Prevent Entering SSFFC Medicines in European Digital Singl...
2.1 The Historical Development of EU Pharmaceutical Legislation to Safeguard Public Health
2.2 The Limits of EU Legitimate Power to Establish Quality Standards and Safety Measures for Manufacturing and Distribution of...
2.3 Measures Preventing Entering SSFFC Medicines in European Single Market
2.3.1 Historical Notes
The European Medicines Agency
The European Medicines Verification System
2.4 Requirements to Prevent the Entry of Falsified Pharmaceuticals into the Legal Supply Chain in the EU Market Through Online...
3 Fragmentation of EU Criminal Law in Combating Online Sale of SSFFC Medicines
3.1 Background and Sources of the Pharmaceutical Crimes
3.2 Inadequacy of Drug Regulations and Incapacity of Enforcement Agencies to Monitor Circulation of SSFFC Medicines in the EU ...
3.2.1 The Internet
3.3 Risks Associated with Prioritizing the Principle of Free Movement of Goods Across the EU
3.4 Facilitating States´ Immunity and Enhancing the Capacity of National Criminal Laws Through the Adoption of MEDICRIME Conve...
4 Conclusion
References
European Digital Finance
1 Introduction
2 Going Digital Leads to Going Riskier
3 Building the EU Digital Financial Market
4 Opening the European Passport for Crypto-Assets
5 Single Market, Multiple Risks: Hedging Digitalization Risks
6 Concluding Remarks
List of Literature
Legislative Acts, Proposals and Policy Opinions
Literature
Contract Lifecycle Management as a Catalyst for Digitalization in the European Union
1 Introduction
2 Contract Management, Contract Lifecycle Management, and Artificial Intelligence Defined
2.1 Contract Management
2.1.1 Systemic and Efficient Management of Contracts to Maximize Operational and Financial Performance and Minimize Risk
2.1.2 A Discipline to Implement Policies and Practices and Agree and Perform Transactions
2.1.3 Coherent, Advanced High-End Maturity Level Systemic Management of Contracts to Bring, Inter Alia, Direct Monetary Busine...
2.2 Contract Lifecycle Management
2.2.1 Managing Contracts Throughout the Entire Contract Lifecycle
2.2.2 Contract Lifecycle Management (CLM) as a Contract Technology Solution to Support the Contract Management Activities
2.3 Artificial Intelligence
3 Contract Lifecycle Management as a New Generation of Technology
4 The Role of (Human) Contract Managers
5 Discussion
6 Conclusions and Future Research
6.1 Conclusions
6.2 Future Research
References
Taxes on the Digital Economy
1 Introduction
2 Digital Economy: What Makes It Special for Taxes?
2.1 Recent Trends in the EU Tax Law
2.2 Distortion Caused by the Intangible World
3 Direct Taxes
3.1 Current Status of the Law
3.2 Expected Developments and Trends
3.2.1 EU´s ``Global´´ Minimum Tax as the Pillar 2 Directive: Harmonizing Minimum Corporate Income Tax Levels
3.2.2 Digital Permanent Establishment Proposal as the Pillar 1 Directive: New Tax Base for Digital Companies
4 Indirect Taxes
4.1 Current Status of the Law
4.1.1 Electronically Supplied Services and Electronic Communications Services
4.2 Expected Developments and Trends
5 Tax Information Exchange
5.1 Current Status of the Law
5.2 Expected Developments and Trends
6 Conclusions
References
The Digital World Market and the European Union
1 Introduction
2 Digital Agenda
3 Future Development and Obstacles
4 Benefits for the Public Sector
5 Artificial Intelligence
6 The Digital Economy in the Future
7 Conclusions
Bibliography
Ethics and Modern Technologies: Example of Navigating Children´s Rights in an AI-Powered Learning Environment
1 Introduction
2 Gaps in Safeguarding Children´s Privacy Rights in AI Systems
3 Algorithmic Bias in AI for Education
4 Lack of Clear Ownership for AI Systems
5 The Three Rights Before Deployment of AI Systems in Education
6 Conclusion
References
Part II: Law
Data Protection Chapter
1 Introduction
2 State of the Art
3 A Selection of Recent Major More Specific Developments in the Field of Personal Data Protection
3.1 Digital Identity for All Europeans
3.2 Values of eHealth and Its Data Protection Challenges Across the EU Countries
3.3 EU Digital COVID Certificates: Another Example of Cross-border Health Data Processing
3.4 Misunderstanding with Secondary Use meaning and New European Health Data Space
3.5 Personal Data Protection and Financial Sector
3.6 Artificial Intelligence (AI) and Personal Data Protection
3.7 Data Act Proposal
4 Conclusions
References
EU Competition Law Goals and the Digital Economy: Reflecting Estonia´s Perspective
1 Setting the Scene
2 What Is Competition?
3 What Are the Main Objectives of EU Competition Law?
4 Are Incentive Effect and the Concept of Market Failure Prerequisites for State Intervention in Estonia?
5 Is EU State Aid Regime Affecting Estonian Digital Economy?
6 Conclusion
References
Digitally Sovereign Individuals: The Right to Disconnect as a New Challenge for European Legislation in the Context of Buildin...
1 Introduction
2 Digitalisation and Protection of Human Rights
3 Right to Disconnect: Balancing between Digitalisation in Public Interest and Rights of Workers
4 Commission´s Turn and Guide from Court of Justice of the European Union (?)
5 Conclusion
References
Nordic Roadmap Toward an EU-Wide and Seamless Cross-Border Cooperation on Judicial Matters
1 Introduction
2 Historical Background and the Scandinavian Legal Culture of the Nordic Legal Systems
3 The Scope of e-Justice Implementation Processes in the Nordic Countries
3.1 Denmark
3.2 Sweden
3.3 Iceland
3.4 Norway
3.5 Finland
4 Concluding Remarks and Directions for Further Research
References
Digital Sovereignty in the EU: Searching for Legal Mechanisms for Marking the Borders
1 Introduction
2 Digital Sovereignty of the EU: An Indefinite Term with Great Regulatory Potential
2.1 Digital Sovereignty as One of the Dimensions of the Post-Westphalian Understanding of Sovereignty
2.2 Digital Sovereignty in the EU Agenda: The EU´s Claims for Regulatory Leadership
3 The Principle of Territoriality in the Context of Data Flow Regulation
3.1 The Principle of Territoriality
3.2 Binary Territoriality/Extraterritoriality and Non-territoriality of Data
4 Extraterritoriality and Localization: As Necessary Elements of Digital Sovereignty in GDPR, the DSA, and the Judicial Practi...
4.1 Localization
4.2 The GDPR and the DSA: A Hybrid of a Territorial and Target Approach
4.3 Localization and Extraterritorialization in the Case Law of the CJEU
5 Conclusion
Bibliography
A Multidimensional Understanding of EU´s Digital Sovereignty
1 Introduction
2 Sovereignty in the Digital Age
3 A Policy Goal, the International Dimension of EU´s Digital Sovereignty
4 A Legal Framework for the Digital Realm. The European Regulatory Capacity
5 Beyond the Digital Ecosystem of Trust. The Empowerment of e-citizens
6 Conclusion
List of References
Digital Sovereignty or Sovereignty with Digital Elements?
1 Introduction
2 History and Recent Shapes of the Concept of Sovereignty
3 Reassessing Traditional Legal Concepts
4 Techno-Legal Methodology for Agile Law
5 Agile Sovereignty as a ``Sovereignty Cascade´´
6 Conclusions
References
EU Soft Power: Digital Law
1 Introduction: The Development of EU Digital Law
2 Digitalization and European law: Opportunities and Challenges
2.1 Digitalization as an Opportunity
2.2 Digitalization as a Challenge
3 Concluding Thoughts
Lis of References
Automated Vehicles and New Transportation Services: Exploring Selected Legal Issues
1 Introduction
2 New Forms of Automated Transport
2.1 Automated Vehicles
2.2 Automation Levels
2.3 Regulatory Landscape
2.3.1 Germany
2.3.2 United Kingdom
3 Remote Driver
3.1 Remote Driver Regulation
3.2 Requirements of Remote Drivers in the Regulation
3.3 Data Protection Regulatory Challenges
3.3.1 Provisions Related to the EU Safety Regulation
3.3.2 Provisions Related to the EU Data Protection Regulation
4 Conclusions
References
Part III: Politics
Mapping E-governance in the EU
1 Introduction
2 Institutional Support
3 European Union Legal Framework on e-Governance
4 Pillars of the European e-Government
5 X-Road (Data Exchange), Cybersecurity-by-Design, Data Protection
6 Implementation of e-Services
7 Conclusions
References
EU Elections and Internet Voting (i-voting)
1 Introduction to the European Parliament, Elections and its Challenges
2 Why Is Important Higher Participation?
3 Federalization as an Answer to the European Problems
4 European Union Elections and the European Parliament
5 Internet Voting
6 I-voting in the European Parliament Elections
7 Conclusions
Bibliography
Creating Digital European Citizenship and the Digital European Public Sphere
1 Introduction
2 Developing Digital European Citizenship
3 Creating the Digital European Public Sphere
4 Conclusion
References
The European Commission, the Council, and the European Parliament: Differentiated Theoretical Frame for the Digital Revolution
1 Introduction
2 The European Commission
3 The European Parliament
4 The European Council and the Council of the European Union
5 Conclusions
Bibliography
Artificial Intelligence: A Reading from European Politics
1 Introduction
2 What Is at Stake
3 Governance, Techno-optimism and Interrelated Challenges
4 AI and Public Intervention Models
5 European Governance and Regulation of AI Within the Framework of Hegemonic Intervention Models
6 Conclusion
References