Jean Monnet Chair of Economic Analysis of European Law

Share List Path Dependence and Network Effects of the GDPR This article analyzes the global dominance of the General Data Protection Regulation (GDPR) through the theoretical lenses of path dependence and network effects. The authors describe how historical decisions created a self-reinforcing legal trajectory, leading to a “lock-in” phase where the EU standard prevails as the primary global framework. They identify four specific legal mechanisms—adequacy decisions, standard contractual clauses, binding corporate rules, and extraterritorial application—that incentivize third countries and international…

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Share List This podcast explores the evolving legal and economic framework of data ownership, questioning whether current property rights adequately address the unique challenges of the digital economy. A governance crisis is identified where the United States faces “constitutional inversion” due to dominant tech platforms, while China operates under a system of state-driven digital arbitrariness. To resolve these issues, the podcast proposes a novel regulatory model inspired by the EURATOM treaty regarding nuclear materials. This alternative suggests that the public…

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Share List This whitepaper examines the integration of artificial intelligence into the daily lives of children and adolescents, focusing on its role in education, social media, and leisure activities. The authors highlight how AI can foster educational equity and individualized learning while simultaneously posing risks to the cognitive and emotional development of young users. Key concerns addressed include the vulnerability of minors to manipulation, algorithmic bias, and significant privacy risks associated with data collection. To mitigate these dangers, the text…

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Share List The article investigates the complex relationship between academic experts and the political sphere, highlighting how scientific policy advice is often hindered by a lack of empirical consensus and a prevailing reproduction crisis in research. Moving beyond the ideal of objective guidance, the authors apply an economic lens to reveal that both politicians and advisors are frequently driven by self-interest, seeking to maximize their own power, prestige, and income rather than serving the public good. The text argues that…

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Share List Developing a harm-based approach to understand digital vulnerability in the era of AI: a perspective of the European Union The European Union has introduced the AI Act, aimed at establishing a comprehensive framework for regulating AI systems according to the level of risk they pose. This podcast focuses on the ex post dimension of digital vulnerability, identifying four obstacles that hinder individuals from seeking remedies through tort liability: the difficulty in identifying harm, the presence of pure economic…

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Share List What Do Privacy Scholars Maximize? – Law as a Practice and Law as a Science. Ignacio Cofone’s book “The Privacy Fallacy” is the starting point for a methodological discussion about how the notion of privacy is approached by law. It is distinguished between law as a practice and law as science. The first is a technique of conflict resolution, while the latter derives empirically testable hypotheses from a theory. In “The Privacy Fallacy” we find both. Epistemological problems…

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Share List Autonomous Decision-Making as a Challenge for Legal Research. To get a better understanding of the fundamental problem that economic analysis of law has with autonomous decision-making, different routes for solving the problem are scrutinized. The analysis shows that the toolbox of Law and Economics does not yet provide a clear answer. Doctrinal law can also give no conclusive answers. Instead, this contribution proposes taking a closer look into legal history. The recourse to legal history can neither replace…

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Share List Case C-307/22 – The GDPR Fine Line Between Access and Abuse. The GDPR has shaken up the world for both businesses and consumers. New rights and obligations have emerged, and many revolve around various data protection requests. The recent case C-307/22 was analysed by Larisa Munteanu in a brief study that highlights how inconsistency may arise from attempted consistency, at EU level:  Can “abusive requests” be both the genre and the species in certain circumstances? Should more guidelines…

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Share List What Shall we do with the Drunken Sailor? Product Safety in the Aftermath of 3D Printing. 3D-printing aligns the digital and the material world. It questions the necessity of large scale production facilities for producing homogenous cheap products. It also questions the distinction between producer and consumer. This has very tangible repercussions for attributing liability. The podcast is guided by the paper ‘What shall we do with the drunken sailor? Product safety in the aftermath of 3D printing’…

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Share List Lobbying and social media: science communication as a case study. Social media has profoundly changed the communication between scientists and the public. Social media allows scientists to instantly communicate their sometimes not peer-reviewed research results to a wide audience. This gives scientists the chance to get political influence, although the research results are possibly wrong. What are the motives and interests of scientists being engaged on social media with their research ideas and opinions? This trend will be explored…

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