New Technologies and EU Law (Collected Courses of the Academy of European Law)

This book addresses the relationship between EU law and new technologies. Its aim is to address two groups of questions. First, how does EU law approach the relation between science and regulation and what part do conceptions of risk play in this approach; is there a distinctive character to EU law in this domain? And second, what challenges do new technologies pose for the EU internal market and for fundamental principles of EU law, including fundamental rights? Do new technologies represent potential new barriers to freedom of movement? How are EU instruments used to direct and orientate EU policy on new technologies, and how do new technologies shape EU policy, including—but not only—EU policy on privacy and data protection? The book is organized into two parts. The first part, ‘The EU, Scientific Risk, and Regulatory Design’, addresses some of the more horizontal questions, helping us to unpack and to understand the EU’s approach to the regulation of scientific/technological risk and the impact on regulatory design of the close link between the regulation of technology and the internal market. The second part, ‘EU Law and New Technologies—Challenge and Response’, uses different policy fields to exemplify the different ways in which technology and EU policy interact, by posing new regulatory challenges (data protection; internet governance), and by shaping the regulatory response to new challenges (the use of technology for border management and migration control). What Is The Nature Of The Relationship Between The Fields Of New Technology And Eu Law? What Challenges Do New Technologies Pose For The Internal Market And The Fundamental Principles Of The Eu? The First Part Of The Collection Explores The Eu's Approach To The Regulation Of Scientific And Technological Risk, And The Link Between The Regulation Of Technology And The Internal Market. In Detail, The Chapters Analyse The Interaction Between Eu Law, Bioethics And Medical And Health Technologies. The Second Part Of The Collection Enhances On This, And The Chapters Scrutinize Specific Policy Areas In Order To Explain The Alternate Ways In Which Eu Policy And Technology Cooperate. Introduction / Marise Cremona -- Medical Technologies And Eu Law : The Evolution Of Regulatory Approaches And Governance / Mariachiara Tallacchini -- Eu Law And Bioethics / Stéphanie Hennette Vauchez -- Regulating New Technologies : Eu Internal Market Law, Risk, And Socio-technical Order / Mark L. Flear -- Eu Data Protection Law : The Review Of Directive 95/46/ec And The General Data Protection Regulation / Peter Hustinx -- Liabilities Of Internet Users And Providers / Giovanni Sartor -- Brave New Borders : The Eu's Use Of New Technologies For The Management Of Migration And Asylum / Jorrit J. Rijpma. Edited By Marise Cremona. Includes Bibliographical References And Index. This chapter introduces the book, New Technologies and EU Law. It presents the questions addressed in the book, its organization, and key themes. It argues that we can identify three characteristics of the EU's approach to law and technology: first, the dominance of a procedural over a substantive approach; second, the EU's embrace of a risk-based approach to science or technology-based regulation; and third, the tendency to depoliticize debate over new technologies, to present the problems they may raise as essentially technocratic or as primarily concerned with managing access to markets. The chapter then considers rationales for EU regulation of new technologies even where, as in the case of health technologies, EU competence appears limited, and the interplay between the different actors and interests involved, including the courts