Ilias Bantekas* ABSTRACT The lex sportiva embodies the notion that sport governing bodies (SGBs) possess full authority to promulgate their own rules and render these binding by reason of contract to all their constituent stakeholders, including, inter alia, athletes, clubs and national federations. Their non-profit character has allowed them to attract a preferential status and enjoy financial benefits generally out of reach to ordinary commercial actors (e.g., immunities, tax privileges), even though SGBs engage in significant revenue-generating activities. This preferential status has given them a dominant place in the marketplace of mega-sporting events and until recently shielded them from any […]
Vol 30, Issue 2
4 posts
by Tamas Dezso Ziegler, Balázs Horváthy, Thomas Buijnink ABSTRACT This paper elaborates on the role of legal exceptionalism in European integration from the perspective of EU Member States, with special regards to Hungary’s position. Its aim is to prove two points. First, exceptionalism is a natural consequence of increased dependency among European countries. From a legal perspective, this dependency translates into extensive regulatory practices in sensitive fields and increased pooling of sovereignty. Under such circumstances, if states disrespect EU law, they can become renegades, which is a logical consequence of intense cooperation. Second, the EU as a political community can […]
by Maria Lucia Passador* ABSTRACT The EU Artificial Intelligence Act (AI Act) is a landmark piece of legislation designed to regulate AI systems according to their risk levels and ensure the protection of fundamental rights. This paper focuses on the interplay between the AI Act and prudential supervision within the EU banking sector, with a particular focus on the role of the European Central Bank (ECB). The study delves into the legal framework underpinning the ECB’s supervisory responsibilities, and prudential tasks, also examining the AI governance, as well as the collaborative dynamics between the ECB, the AI Office, and the […]
Helen Jennings* ABSTRACT This paper examines a development in recent judgments of the European Court of Human Rights (“the Court,” “ECtHR”) regarding the prohibition of torture, inhuman and degrading treatment under Article 3 of the European Convention on Human Rights (“Article 3,” “ECHR”). Since the 2010s, the Court has linked the prohibition of degrading treatment uniquely with the concept of human dignity.1 In cases regarding certain applicant groups, in particular women from the Roma population and LGBT+ people, the Court has used the concept of human dignity to radically expand the typical boundaries of protection offered under Article 3. This paper […]