École doctorale de droit

 

 

PhD candidates and their Research Project:

ALEXANDRAKI Chrysa

"The Dispute Settlement And Enforcement System Under The Climate Change Regime In A Post-Paris Agreement Era"

Supervisor: Prof. Matthew HAPPOLD

 

This research project aims to provide a comprehensive legal analysis of climate finance. The project aspires to examine to what extent the normative and governance landscape in climate finance enables the implementation of the Paris Agreement in pursuit of the global public good of climate change mitigation. In doing so, the project holistically analyzes climate finance law and governance through the lens of transparency, good governance and legal readiness, while incorporating contemporary transnational developments in international law, concerning inter alia the growing role of non-state action, fragmentation, and the traditional notion of enforcement vis-à-vis notions of coordination and orchestration in regulatory governance.

 

 

 

 

 

 

 

 

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ANCORA Antonio

"Risk, Uncertainty, and State aid. Dispute avoidance mechanisms for Transfer Pricing"

Supervisor: Prof. Katerina PANTAZATOU

 

In the current International and European legal framework, there is no legal certainty in taxation, especially for transfer pricing transactions among multinational enterprises. Dispute avoidance mechanisms are some of the most recognized legal instruments for providing legal certainty in taxation. Is there a legal instrument capable to re-establish tax certainty in the current international context characterized by the aftermath of EU State aid investigations on Transfer Pricing? The goal of Antonio’s research project is to propose dispute avoidance mechanisms in order to re-establish the fundamental principle of legal certainty by considering State aid investigation as an independent risk factor.

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BELLI Alessio

"Le concept de citoyenneté sociale dans la théorie de la démocratie et dans le rapport entre constitutions nationales et dimension européenne."

Supervisor: Prof. Johan VAN DER WALT

Ce projet de recherche se propose de réfléchir autour d'une question spécifique, celle de la citoyenneté sociale et des droits sociaux, de leur place à l'intérieur de la théorie démocratique et par rapport aux relations entre constitutions nationales et dimension européenne. Aujourd'hui, nous nous trouvons face à un paradoxe évident: tandis que la philosophie politique, à partir par exemple de John Rawls ou Amartya Sen, a élaboré des conceptions de plus en plus avancées des formes d'inclusion sociale qui doivent caractériser une société juste, les développements politiques effectifs semblent aller dans une direction opposée, c'est-à-dire vers une réduction plus ou moins drastique d’un nombre des garanties sociales qui s'étaient affirmées dans la deuxième partie du 20ième siècle. C'est à partir de cette situation complexe que je vais dérouler ma réflexion en suivant ces points :

- Travail de recherche et de comparaison des auteurs appartenant à l'histoire de la pensée philosophico-politique européenne qui ont le plus contribué à l'élaboration de ce que l’on peut définir comme citoyenneté sociale;

- Mettre en évidence cette tradition de pensée comme partie intégrante et fondamentale de l'identité européenne;

- Préciser la façon dont cette tradition culturelle commune a influencé les constitutions européennes modernes;

- Comparer les différentes constitutions européennes à partir du concept de citoyenneté sociale;

- Tracer des parcours théoriques possibles ayant pour objectif l'élaboration d'un concept de citoyenneté sociale en mesure de dépasser les limites de l'approche libérale et de promouvoir le développement économique effectif, social et culturel des citoyens;

- Montrer comment la redéfinition d’u concept de citoyenneté sociale peut constituer un élément identitaire fondamental dans le processus d'intégration européenne.

Le projet vise à repenser à niveau européen le concept de citoyenneté sociale, afin de promouvoir et renforcer le processus d'intégration communautaire et la cohésion européenne. Affirmer le caractère central de la citoyenneté sociale signifie entamer un processus de matérialisation du sens d’appartenance européen dans la vie concrète, quotidienne des individus; cela signifie l’introjecter dans l'identité de ses citoyens et favoriser la cohésion entre eux dans un moment historique difficile pour la communauté européenne. Face à la désaffection croissante vis-à-vis de la classe politique européenne, face à la primauté d’automatismes technico-commerciaux et de mécanismes concurrentiels qui ne voient plus les hommes et les communautés, qui ronge le sens de solidarité collective et d’égalité substantielle, ce projet se propose finalement d’élaborer un concept de citoyenneté sociale qui affirme la centralité du sens d'appartenance de la population européenne à ses propres nécessités sociales et de renouer et réactualiser la tradition européenne du modèle social et de la prédicabilité des devoirs communautaires, de retrouver la capacité de maitriser l’avenir, dans une perspective de lutte contre les nouvelle formes d’insécurité sociale.

BERNARD François

"The challenges of cross-border divisions"

Supervisor: Prof. Isabelle CORBISIER

 

Cross-border divisions represent an efficient restructuring method allowing competent economic actors to suppress potential negative synergies within a conglomerate or to reinforce a company’s share price by correcting an asymmetry of information. Despite their protection by freedom of establishment and their partial regulation by the recent EU Directive 2019/2121, they generally benefit from less attention by both practitioners and academics than cross-border mergers and their effective implementation remains obscure. It therefore remains to determine how to ensure that cross-border divisions become a reality within the internal market without jeopardizing the interests of the various stakeholders potentially impacted thereby.

 

BINCOLETTO Giorgia

"Data protection by design in the e-health care sector: theoretical and applied perspectives"

Supervisor: Prof. Mark COLE

 

The research project focuses on the data protection domain and it uses an interdisciplinary approach and a legal comparison methodology. It explores how an e-health system can be designed for applying data protection principles and requirements to protect personal health data. The research attempts to bridge the gap between the legal and the technical disciplines on the concept of “data protection by design” by studying the EU legal framework on data protection, by analyzing and comparing the rules that protect health data in the EU and in the US, and finally by providing a set of guidelines for its implementation.

 

BLOUNT Kelly

"Artificial Intelligence in Predictive Policing; Assuring Legal Protections"

Supervisor: Prof. Katalin LIGETI

 

The thesis assesses the role that AI has assumed in expanding the act of crime prevention, both in depth and in scope. It argues that though AI has been a critical tool for the expansion of crime prevention capabilities, it has outpaced legal processes, ultimately rendering insufficient the legal protections afforded to subjects of criminal investigations. The thesis will propose a normative framework for the use predictive policing that expands the legal protections afforded to criminal suspects, while also accounting for the specific attributes of AI which may hinder the effectiveness of legal standards.

 

BOMPREZZI Chantal

"Implications of Blockchain-Based Smart Contracts on Contract Law"

Supervisor: Prof. Luca RATTI

 

The study aims to verify how blockchain-based smart contracts fit into contract law. Indeed, smart contracts can also be used in the contractual domain for the encoding and automatic execution of contract terms. Smart contracts already existed before the blockchain, but they take advantage of the characteristics of the blockchain. Namely, the decentralised and immutable characters of the blockchain determine that no single contracting party can control, modify, or interrupt the execution of smart contracts. To this end, starting from some clarifications about the characteristics of the technology, the research focuses on the implications of blockchain-based smart contracts on contract formation, contract performance, and applicable law and jurisdiction.

BOSSELER Guillaume

"Des déséquilibres significatifs en droit commun des sociétés: quelle régulation?"

Supervisor: Prof. Isabelle CORBISIER

Les points suivants seront abordés dans notre étude :

Déséquilibres significatifs: il s’agira – d’une part – de procéder à une analyse, en droits (comparés) des obligations contractuelles et des sociétés, du concept de ‘déséquilibre significatif’ (dont une importante application est faite dans le cadre de la réglementation des clauses abusives) et – de manière générale – des déséquilibres (juridiques/économiques) pouvant exister entre parties à un contrat (de société).

Droit commun des sociétés:il s’agira – d’autre part – de rechercher les applications de la protection des actionnaires minoritaires – parties faibles au contrat de société – que l’on peut retrouver en droit commun (mais aussi en droit spécial) des sociétés.

À cet égard, seront – entre autres – étudiés : la prohibition des clauses léonines, la question de l’égalité des actionnaires, l'abus de majorité et l’abus de minorité, l’action minoritaire, les ‘droits politiques’ des actionnaires, les différents quorums (de présence et de vote) en assemblées générales, les mécanismes de restriction à la libre cessibilité des titres, les actions à droit de vote double ou multiple, la protection des actionnaires minoritaires en cas d'offres publiques d’acquisition, d’offres publiques de reprises, de transformations, de fusions et de scissions (transfrontalières), etc.

En parallèle, nous examinerons les mécanismes « réparateurs » du déséquilibre existant en droit des contrats (clauses abusives, lésion qualifiée, violence économique, etc.) ainsi que les principes qui les sous-tendent (bonne foi, abus de droit, cause objective, etc.). Nous les comparerons ensuite aux mécanismes proposés par le droit (commun) des sociétés et essayerons ainsi de rapprocher deux branches du droit qui – à première vue conçoivent la liberté contractuelle et l’axiome d’égalité des parties contractantes de manières fort différentes.

Quelle régulation ?: tout au long de notre thèse, nous analyserons de manière critique quelles sont les règles (légales et jurisprudentielles) qui existent en droit des obligations contractuelles et en droit des sociétés et quelles seraient les pistes de réflexion à aborder (sous un angle juridique, économique, philosophique, historique, etc.) afin de régler – au mieux – les déséquilibres et le sort des parties faibles.

 

BOUCHAGIAR Georgios

"ALGORITHMIC CRIMINAL JUSTICE. Regulating algorithmically informed punishment in the EU."

Supervisor: Prof. Silvia ALLEGREZZA

Georgios’ research focuses on criminal justice algorithms that can inform judicial decisions by foretelling future criminal behaviour. More concretely, Georgios aims to study regulation and practice of such technologies; examine which defence rights are at stake, as well as how the right to the protection of personal data can be interfered with; and, ultimately, develop an adequate legal framework to regulate algorithmically informed punishment in the EU.

BOULANGER Frédérique

"Etude comparée de l’influence des legaltechs sur les principes directeurs du procès civil (Luxembourg, France, Canada, Estonie)"

Supervisor: Prof. Séverine MENETREY

Frédérique Boulanger travaille sur sa thèse de doctorat qui est relative à l’incidence des technologies de l’information et de la communication sur le principe de publicité de la justice. Frédérique propose une réflexion renouvelée sur l’accès à l’information de jurisprudence permise par les nouvelles technologies en se focalisant plus spécifiquement sur le procès civil et les principes qui le gouvernent.

Frédérique Boulanger is working on her doctoral thesis which relates to the impact of information and communication technologies on the principle of Open Justice. Frédérique offers a renewed reflection on the Open Justice principle made possible by new technologies by focusing more specifically on civil proceedings and the principles that govern them.

CAIOLA Antonio

"A critical study on the choice of the legal basis for the adoption of Union’s acts in the light of the Court of Justice case law"

Supervisor: Prof. Eleftheria NEFRAMI

The thesis concerns a critical analysis of the case law of the Court of Justice of the European Union on the legal bases for the adoption of Union acts.

The research concerns, in particular, the constitutional aspects of this case law and examines in depth the impact of the decisions of the Court of Justice and of the interpretative criteria used by it on the Union's legal order.

In this context, specific attention is devoted to the relationship between the legal bases and the legislative and decision-making procedures of the various areas of activity of the European Union (TFEU, CFSP and former "Third Pillar"), especially since the entry into force of the Lisbon Treaty.

CAVDAREVIC Ivan

'Investment Arbitration and State Responsibility for Judicial Acts'

 

This research, in the field of investment arbitration, focuses on a particular group of investor-State disputes initiated due to the judicial acts of host States. It is, therefore, most directly related to the issue of State responsibility for judicial acts. It firstly examines various grounds on which a State can be held liable for the conduct of its judicial organs and studies their development in general international law. Secondly, the research analyses the particular standards of protection developed through international investment law and the recent practice of investment tribunals. The research aims to determine whether and to what extent the grounds for State responsibility for judicial acts applied by investment tribunals differ from those traditionally used in other fields of international law. The central thesis put forward is that international investment law has indeed somewhat reshaped the grounds and scope of State responsibility for judicial acts. Ultimately the research addresses and explains the substantive and procedural features of international investment law that have contributed to such a development.

CECI Jean-Marc

"Le témoignage littéraire. Un dialogue entre discours frictionnel et mission du droit"

Supervisor: Prof. Johan VAN DER WALT

L’objet de ma recherche est une étude sur la nature du lien entre le droit et littérature.

Que se passe-t-il lorsque l’on fait du droit, et lorsque l’on fait de la littérature ? Malgré toutes leurs différences d’objet, de validité, de création, d’utilisation, d’efficacité, d’oppositions irréductibles, aussi radicales soient-elles, que reste-t-il pourtant présent et qui empêche une séparation irrémédiable et hermétique ?

Droit et littérature opèrent de façon radicalement différente, mais sont à la source d'une réaction réciproque et inévidente. Ma recherche est une proposition de verbalisation de cette réaction. Plus précisément j'étudie ce qui reste du lien, au moment où chaque discipline continue par elle-même la poursuite de ses objectifs, et remplit ses fonctions respectives sans être appréhendée par l’autre discipline.

Je chercherai à montrer qu'il existe, au sein du droit et de la littérature, et de façon réciproque, les marqueurs d’une présence inactive de l'un qui se révèle au moment où l'autre exerce sa réalisation respective.

CHIAPPONI Giovanni

"Un régime commun de prescription dans le cadre européen"

Supervisor: Prof. Burkhard HESS

Giovanni’s research is in the field of European civil procedural law. It focuses on a comparative study of time limits scheduling the proceedings in some national legal systems. Time limits vary widely between the different Member States. These differences lead to a risk of making the exercise of a judicial right unequal and entailing a breach of parties’ procedural rights (as guaranteed by Art. 47 CFR and 6 ECHR), which may prevent the achievement of the objectives put forth by EU instruments. Against this backdrop the objective of the research is to explore possible legal solutions to the vastly diverging rules on time limits across the EU.

CHIARA Pier

"Security and privacy of resource constrained devices"

Supervisor: Prof. Mark COLE

The research project aims at mapping the disparate European legal requirements regulating the IoT ecosystem, by adopting an interdisciplinary approach which integrates legal and technical perspectives. Security and privacy, in the era of the Internet of Things, are intertwined: not only our information, also our physical integrity is likely to be at stake when cyberattacks occur. The overall aim is, on the one hand, to stress basic differences between privacy and data protection and why the distinction matters vis-à-vis the flow of data sharing on IoT. On the other hand, the intent is to stress the different meanings security has in this context, since the word is often used interchangeably to address information security, cybersecurity, or safety issues.

CITERONI Nicole

"International economic crimes in the Rome Statute: rethinking an old legal concept in a new juridical context"

Supervisor: Prof. Stefan BRAUM

Nicole Citeroni joined the FDEF as a PhD Candidate (DTU Rems I) in International Criminal Law under the supervision of Prof. Dr. Stefan Braum. Her PhD research focuses on the question of whether and to what extent the concept of international economic crime can be qualified and prosecuted as an international crime in the meaning of the Rome Statute. Her research project arises from a debate that has recently attracted the attention of many scholars both in international criminal law and in related fields, including politics and sociology. The approach adopted is based on recent studies, whose findings are further developed in the attempt to answer the research question by providing for an original and accurate definition of international economic crimes.

D'ATH Florence

"EU data protection law: a multi-functional framework for fundament rights protection? "

Supervisor: Prof. Jörg GERKRATH

This study conceptualizes the notion of legal functionality as the capability of a given law to provide practical tools to its addressees in order to achieve its objectives. This study then explores the multi-functionality of EU data protection law with respect to its objective to ensure the respect of all the fundamental rights and freedoms of data subjects. After looking into the origin of this ambitious objective, this study aims at identifying the factors that have rendered EU data protection law particularly functional for the defense of the fundamental right to privacy and personal data protection. This study also aims at understanding how the functionality of EU data protection law could further be enhanced for the protection of other fundamental rights which have proven to be vulnerable to harmful data-driven practices. Particular focus will be put on the right not to be discriminated in the context of automated individual decision-marking and on the right to receive and impart information without interference in the context of political micro-targeting on the internet.

 

PhD project keywords: Data protection – Privacy – EU data protection law – fundamental rights – effectiveness – functionality – non-discrimination – freedom of expression – GDPR

Florence D'Ath is a Doctoral Researcher and a Teaching Assistant at the Research Unit in Law of the University of Luxembourg (UL) and at the International and European Law Department of Maastricht University (UM). Her research focuses on the fundamental right to data protection and its interactions with other fundamental rights in the era information technologies. Prior to becoming a Doctoral Researcher, Florence had already conducted two research internships at the International Trade Committee of the European Parliament (INTA) and at Cape Town University (UCT).

DA GRAÇA PINTO Roberta

"'Le fondement de l'effet des sentences arbitrales"

Supervisor: Prof. Gilles CUNIBERTI

 

Thanks to the huge success of the 1958 New York Convention, most States worldwide agree to give effect to international arbitral awards, provided they meet a certain number of conditions. However, while the practicalities of these procedures has given rise to great scholarship, the question of why States agree to give effect to arbitral awards has been largely neglected.

This research aims to discover the legal basis for the recognition and enforcement of arbitral awards and study its consequences on the regime governing the circulation of arbitral awards, with the goal of providing a more coherent system between the legal basis and the rules governing the reception of arbitral awards.

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DEMIR Erdal

"Governance of Corporate Groups in the Axis of Liability of Directors in Subsidiaries "

Supervisor: Prof. Pierre-Henri CONAC

 

 

DEMKOVA Simona

"Effective Review in the Age of Information "

Supervisor: Prof. Herwig HOFMANN

The thesis assesses the exercise of (judicial) review of European decision-making conduct in the age of information. The research particuarly discusses challenges brought about by technological innovation underpinning individual decision-making dependent on large-scale information exchanges, on the case study of Schengen Information System, in view of the individual right to, and a constitutional promise of, effective judicial protection, enshrined under Article 47 of the Charter. Considering the recently adopted Interoperability Regulations in the AFSJ, and the prevalent European enthusiasm for further automatization, the study offers a conceptual as well as a practical assessment of the exercise of effective control in this context.

DEWI Tsany

"Client Protection in Digital Financial Services-based Lending: A Comparative Law Approach"

Supervisor: Prof. Dirk ZETZSCHE

From a regulatory perspective, client protection in Digital Financial Services (DFS)-based lending, which includes both deposit-based and peer-to-peer lending can best be understood by analysing the risks to which clients are exposed in the lender - provider/platform - debtor triangle. The risks related to fiduciary, insolvency, information and operation (in particular technology) are among the most recognized risks which DFS clients are exposed to. The thesis follows a comparative law approach, comparing the approaches of the EU financial legislation with legislation adopted in Indonesia. It examines how financial regulation [and client protection legislation] can best be applied in the face of these risks in the innovative DFS-based lending sector in the different institutional and cultural contexts. The aim of the research is to gain insights into which risks are effectively mitigated by existing regulations, which gaps possibly exist in the framework of client protection and whether DFS providers in regions with a specific regulatory framework perform and serve clients better.

DI GIANFRANCESCO Laura

"The Interpretation of UN Security Council Resolutions "

Supervisor: Prof. Matthew HAPPOLD

The research project purports to study the current state of international law on the interpretation of Security Council resolutions and to identify, among the possible different methods, the one which is best suited to the interpretation of these sources. Absent a codified interpretive method, similar to the one developed for treaties provided in arts. 31-33 VCLT, the project will analyse the relevant international practice with a view to verifying whether analogical recourse to the Vienna Convention’s paradigm is justified or whether the peculiar features of Security Council resolutions require the development of an autonomous interpretive approach.

DIRUTIGLIANO Jacopo

Supervisor: Prof. Herwig HOFMANN

The research project focuses on the field of data protection and, in particular, on automated decision-making systems and on the right to explanation. It focuses on the existence and scope of the right to explanation, considering the technical, ethical and legal issues surrounding the use of automated decision-making systems using artificial intelligence and machine learning. The research analyses from a legal perspective the use of artificial intelligence and the problems arising from the use of ML algorithms, studying the EU legal framework on data protection, and finally trying to provide guidelines for giving an adequate explanation on decisions taken by algorithms.

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DUTTA Somesh

"The Relevance of Applicable Law in Ensuring a Consistent International Investment Jurisprudence & the Future of Investor-State Adjudication "

Supervisor: Prof. Hélène RUIZ FABRI

The research aims to address what is the ‘applicable law’ in international investment adjudication and its relevance in ensuring ‘consistency’ in international investment jurisprudence. For this, it focuses on how the international investment law regime is evolving, i.e. from bilateralism to plurilateralism and what should be the desirable level of consistency in the absence of a multilateral agreement on investment. It further deals with the ongoing deliberations at the UNCITRAL Working Group III on ISDS (investor-State dispute settlement) reform to comprehend what is the future of investor-State arbitration, and if such procedural reforms would help achieve a consistent investment law jurisprudence.

FERNANDEZ Ahumada Angelica

"Challenges of online platforms to traditional enforcement schemes: Regulatory and governance models for online platforms in the context of artificial intelligence in the EU. "

Supervisor: Prof. Mark COLE

 

 

GEBHARD Gerd

"To TEE or not to TEE, that is the question."

Supervisor: Prof. Werner HASLEHNER

 

In 2000, Luxembourg has chosen to introduce the system of entry taxation for occupational pension schemes. This decision raises questions of potential double taxation for foreign workers and of distribution of tax revenues between home and host country of these workers. The justification of this policy choice is explored both from economic and juridical perspectives, with particular emphasis on the three neighbouring countries and the objective of generating practicable recommendations in this field of public policy.

 

 

GENCO Alice

"Le contrôle juridictionnel au sein de la gouvernance économique européenne"

Supervisor: Prof. Eleftheria NEFRAMI

 

The research aims to address what is the ‘applicable law’ in international investment adjudication and its relevance in ensuring ‘consistency’ in international investment jurisprudence. For this, it focuses on how the international investment law regime is evolving, i.e. from bilateralism to plurilateralism and what should be the desirable level of consistency in the absence of a multilateral agreement on investment. It further deals with the ongoing deliberations at the UNCITRAL Working Group III on ISDS (investor-State dispute settlement) reform to comprehend what is the future of investor-State arbitration, and if such procedural reforms would help achieve a consistent investment law jurisprudence.

 

GERARDY Marie

"The privatisation of the power to make law: the case of technical standardisation. "

Supervisor: Prof. Joana MENDES

Through an inclusive analysis of the legal nature, normative functions as well as effectiveness of technical standardisation at the EU, US and international levels, this project will assess the legitimacy of the privatization of the power to make laws.

Despite the fact that technical standardisation does not fit within the traditionally understood definition of law, it nevertheless produces important legal, economic and social normativity by, respectively, shaping and operationalising public regulations, determining market access and shaping consumers and companies’ behaviours. This thesis will therefore address legitimacy, competition as well as international trade law questions raised by the use of private instruments in the operationalistion of law.

GONG Yi

"Judicial review of international commercial arbitration in China: A comparative Perspective"

Supervisor: Prof. Séverine MENETREY

This project attempts to explore, in the international commercial arbitration, what the relationship is between the power to order complex arbitration procedural tools (i.e. consolidation, joinder/intervention of the third party, single arbitration under multiple contracts, class arbitration) and the power to decide jurisdiction. Based on the comparative perspective, the impact of deciding complex arbitration mechanisms by different authorities (arbitral tribunal, arbitral institution, and state court) on jurisdiction as well as the justifications behind it would be examined in the light of philosophy and practice.

HIRY Jasmin

"The Evolution of the Rights of Initiative in the European Union"

Supervisor: Prof. Herwig HOFMANN

In her research, Jasmin analyses the development of the rights of initiative in the EU throughout the course of European integration. Her aim is to evaluate, whether these developments and the rights of initiative in their current form comply with the constitutional values of the European Union as set out in article 2 TEU. Her thesis thereby aspires to contribute to the discussion of how to enhance the Union’s constitutional values, particularly in the framework of the adoption of Union acts.

HOMOV Ella

"The legal regime for the exploitation and use of outer space resources."

Supervisor: Prof. Mahulena HOFMANN

All activities in outer space shall, in principle, be subject to a regulatory regime (at national and/or international levels). In this context, the new field of activities in outer space such as the activities of exploitation and use of space natural resources raises a multitude of legal issues which still need to be resolved by the international community. The main subject of this PhD thesis is to find a constructive and comprehensive corpus of legal rules aimed at regulating the exploitation and use of space natural resources.

HUBAI Andrii

Abuse of investment treaty rights in investment fund law.

Supervisor: Prof. Isabelle RIASSETTO

Andrii Hubai is a Doctoral Researcher at the University of Luxembourg since November 2018. The candidate had studied at the College of Europe and Vilnius University. In this period, Andrii had participated at the Erasmus Exchange programme at the University of South Wales.

The research interests of Andrii include analysing the phenomenon of abuse in relation to investment arbitration and investment fund law. In 2020 Andrii had received the Associate Fellow status at the Higher Education Academy in recognition of his skills of teaching against the UK Professional Standards Framework. In 2019 Andrii had visited two times the University of Laos under the inter-university teaching cooperation.

HUBKOVA Pavlina

International regulatory cooperation and its judicial review

Supervisor: Prof. Joana MENDES

International regulation may come from various actors on the global scene. Even if their acts are not necessarily legally binding, they still produce legal effects. A question raises how such non-binding acts could and should be assessed normatively and whether and how such an assessment should be done by courts. The research project focuses, in a comparative perspective, on case law of chosen courts and examines how the courts deal with various non-binding regulatory instruments and what legal value they attribute to them in concrete cases.

JAIN Priyanka

Standing of qualified entities in cross-border collective redress.

Supervisor: Prof. Burkhard HESS

Priyanka Jain is a research fellow at Max Planck Institute Luxembourg, working in the framework of the DTU REMS II project at University of Luxembourg. Her research focusses on a comparative study of collective redress mechanisms and the effective protection of data subject’s rights. The transnational governance and administrative systems, dispute settlement procedures have always been a subject of her interest.
Priyanka has completed her BLS LLB (Honours) from Mumbai University (India). She has successfully completed all India Bar Examination and was awarded certificate for practising law all over India by the Bar Council in 2016. She holds an LLM degree from Coventry University (United Kingdom) since 2017. She was also awarded a certificate in ‘Strategic Management’ by the Chartered Management Institute, UK. She has three years of organizational experience in the field of litigation and research and diverse background from working as an intern to an associate advocate in legal firms to an International student ambassador for Coventry University.

JOLLY Loren

Le développement d'un système juridictionnel régulant la monnaie virtuelle dans un monde digitalisé et connecté à un niveau international.

Supervisor: Prof. Stefan BRAUM

The project is to conduct an interdisciplinary research which follows a theoretical approach motivated by systems theory. This theory observes a dynamic within society which has consequences on sovereignty and which ends up in the development of fragmented legal frameworks. This change is observed through the example of the ecosystem of cryptocurrency developing its own functional rules and the reaction of the criminal justice system (especially through the anti-money laundering legal framework) which is used as means of social control upon the ecosystem. This has consequences not only on the legitimacy and on fundamental principles of criminal law but also on fundamental rights. The goal is to develop an autonomous legal order that would enable to address these issues.

KAFTERANIS Dimitrios

The protection of whistle-blowers in the banking and financial sector

Supervisor: Prof. Silvia ALLEGREZZA

 

Whistle-blowing makes headlines around the world. More and more scandals are discovered due to whistle-blowing. The legal science started to focus on the issue of whistle-blower's protection and new laws are adopted more and more. At the EU level, the recently adopted Directive on the protection of whistle-blowers is the first EU legal text providing horizontal legal protection to the whistle-blowers. The banking and financial sector had already had sectoral provisions on whistle-blowing due to the several financial crises the last 20 years. The present thesis aims to analyse whistle-blowing at the EU banking and financial sector in order to assess the protection offered to the whistle-blowers.

LABI Clément

The Remuneration Policies of Listed Compagnies in European Law - Legal and Economic Foundations"

Supervisor: Prof. Pierre-Henri CONAC

 

My research attempts to address from a legal perspective the current debates about executive compensation (notably in light of the recent developments at the European level), to clarify the terms of such debate, and to sketch elements of what could be innovative means to a viable solution.

LENTZ Patrick

State sovereignty, the principle of self-determination and liberal democracy: barriers to effective environmental rulemaking?"

Supervisor: Prof. Johan VAN DER WALT

 

State sovereignty, the principle of self-determination and liberal democracy seem to slow down effective environmental protection. Environmental law still largely remains a matter of internal State action. The liberal democratic process is long and it is difficult to meet the needed majorities at national and international level. With due consideration to the ongoing debate on judicial overreach (activism), the thesis focuses on the question of whether judicial review can address the shortcomings of environmental legislation/protection.

LETERRE Gabrielle

From standards of international law for outer space resources exploitation to sustainable mining "

Supervisor: Prof. Mahulena HOFMANN

 

Supported by the FNR under the 2018 AFR PhD scheme, Leterre’s research focuses on the protection of the outer space environment in view of future space resources exploitation activities. Outcomes include the identification and assessment of space actors’ environmental obligations, applicable legal frameworks, and innovative approaches of international law. Eventually, this research considers how protecting the outer space environment contributes to the sustainability of space activities.

LEVICNIK Pia

"Smart criminal justice systems: the need for a social harm approach in artificial intelligence use in law enforcement and criminal procedures"

Supervisor: Prof. Katalin LIGETI

The research thesis critically evaluates the application of artificial intelligence throughout the criminal justice system and its underlying rationales and objectives. Additionally, it aims to explore the shifting temporalities of crime control, the rise of actuarial justice, and the epistemological and power-knowledge implications of artificial intelligence application in law enforcement and criminal procedures.
The research further evaluates the feasibility of shifting the discourse from traditional notions of crime and crime control toward a broader discussion centered on social harm, thus potentially transcending individualism and anthropocentrism as central facets of the current criminal justice paradigm. To this end, the thesis assesses the role and topicality of zemiology in contemporary discussions on law, justice and culpability, and seeks to establish a functioning normative framework that is appropriate for the assessment and future policy-making on development and use of artificial intelligence tools in criminal justice systems.

 

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LORENZONI Isabella

 

LUPINU Pier Mario

"Who should provide the appropriate liquidity in the European post-resolution scenario? "

Supervisor: Prof. André PRÜM

 

Prior the collapse of Lehman Brothers, liquidity problems seemed not to have been an issue for regulators. However, the 2008 Global Financial Crisis changed this scenario, paving the way for an extensive regulation, especially in the euro area through the establishment of prudential supervision and resolution frameworks. To date, the provision of liquidity following the resolution of a credit institution has not yet been covered and, as a result, current liquidity instruments are fragmented because of their distribution among different actors (ECB, SRB, ESM), which are not capable to address liquidity needs as in other jurisdictions (UK, US, Canada). This is the reason why the PhD project in Banking and Finance Law focuses on issues concerning the provision of liquidity in the post-resolution phase.

MACHURA-URBANIAK Anna

"Investment fraud in the light of behavioral finance - integration of psychological aspects into financial regulation"

Supervisor: Prof. André PRÜM

 

Contrary to the traditional financial regulation which protects investors mainly by requiring companies and financial intermediaries to release complete and accurate information, PhD proposes to redesign financial regulation in the way to take into consideration human factors like behavior, thinking and emotions. Research is focused on analyzing which cognitive biases and emotions influence investors’ decision-making and how financial fraudsters use these psychological aspects to commit a fraud. The objective is to see whether behavioral science could be used to fine-tune policy design and/or enhance enforcement of the financial regulation in order to better protect investors.

MAROT Jean-Aymeric

"L’ingénierie de la lignée germinale humaine, une question de dignité"

Supervisor: Prof. Jörg GERKRATH

The breakthrough discovery of the CRISPR-Cas system has been hailed as one of the biggest science stories of the decade, even awarding its developers the 2020 Nobel Prize in chemistry. This revolutionary tool can be used to edit an organism’s genetic material and potentially allows for the treatment of severe medical conditions. However, gene editing remains a controversial technology whose applications can easily cross ethical borders, especially when altering the human genome.

This thesis seeks to examine how the interpretation of the concept of human dignity has evolved alongside scientific progress in the area of genetic engineering, and aims to suggest an avenue to update the currently applicable framework regulating the use of human germline gene editing.

 

MARTINEZ HERRERO Daniel

"The legal personification of robots: a solution for future? "

Supervisor: Prof. David HIEZ

 

My research proposal starts from the idea that the provision of specific legal personality is necessary for robots (as an electronic or cyber-physical persons with a will arising from algorithmic processes and the existence of a legal obligation of not harming cyber-physical persons) and should be considered as a subjective right corresponding to their material integrity. The absence of a robotic corpus iuris could lead to a social crisis therefore the creation of a legal personality and its harmonization in the global legal framework are key. Finally, the dissertation will attempt to answer all those questions related to the insertion of the most advanced robotics into our legal order by developing a robotic corpus iuris encompassing each and every one of the legal branches.

MARTINS SPINDOLA DINIZ Ricardo

"Towards a Hermeneutic Theory of Liberal Democratic Law "

Supervisor: Prof. Johan VAN DER WALT

 

“Public culture,” composed by a set of public texts and its historical traditions of interpretations, sustains the possibility of public reason in liberal democracies. However, any endeavor to distinguish between such a “public culture” and a wider range of comprehensive doctrines would appear to already depend on a prior understanding of public culture. Apparently, the notion of “public” culture itself presupposes the distinction between public culture and the comprehensive worldviews that it purports to draw. My research will engage with the conundrum that becomes manifest with this “circular” presupposition of the distinction that one proposes to make. It will do so in the specific context of liberal democratic cultures.

MORAITI Anna

“Artificial Intelligence and the General Part of Criminal Law – Paradigm shifts of criminal accountability and imputation”

Supervisor: Prof. Stefan BRAUM

The research project aims at exploring the legal challenges that arise for the doctrine of criminal law from the most recent applications of Artificial Intelligence (AI) in the field of robotics. From the approaching reality of autonomous vehicles to that of social robots and strong AI systems, it has become apparent that social progress and technological innovation pose pressing questions of regulatory amendments and theoretical redefinitions, not least with regard to the content of fundamental notions from the General Part of criminal law (criminal liability, accountability, doctrine of causality, rules of imputation). The extent to which these notions should be reshaped or resist to these technological developments will be thoroughly addressed in this project. Manufacturers’ and users’ criminal liability can be in theory distinguished from that of “artificial agents.” In the context of this project, this distinction and subsequent liability gaps will be explored following a discussion on artificial agents’ entitlement to legal personality (electronic personhood), as well as on the philosophical questions of autonomy, agency and machines’ capacity for consciousness and advanced cognitive skills, which will also be addressed from the perspective of the novel field known as machine ethics. Defining not only the level of intelligence attached to an artificial entity, but also its potential ability to make moral claims based on prevailing norms is necessary in order to establish who can be held criminally responsible for its acts or omissions and, ultimately, for any societal harm caused. Taking into account the latest legal and technological developments on an international level, the project aspires to provide regulatory suggestions for EU Member States.

 

MRECHES - DZIEMIANCZYK Karolina

"The property rights implications in the Luxembourg fiduciary contract "

Supervisor: Prof. David HIEZ

 

 

MUKHTAR Habiba

"International Arbitration on the basis of Islamic Law: Procedural Compatibility and Challenges"

Supervisor: Prof. Burkhardt HESS

 

The PhD thesis is to study and analyze the procedural differences between the various sects of Islam and their influence on arbitration; and the mechanisms needed to further accommodate Islamic law within the international arbitral system. In a second step, her research aims to elucidate the main points of contention between the system of international arbitration (which as such is not uniform) and the one advocated for by Islamic states.

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MUSTERT Lisette

"Accountability in the composite multi-jurisdictional system of GDPR enforcement"

Supervisor: Prof. Herwig HOFMANN

 

This PhD project focusses on how the multi-jurisdictional enforcement network established under the General Data Protection Regulation (GDPR) works and to what extent this network provides an effective basis for better enforcement of the GDPR. Additionally, the project studies to what extent the actors in this network – the national Data Protection Authorities, the European Data Protection Board and the European Data Protection Supervisor – are subject to sufficient political, judicial and administrative accountability mechanisms, and tries to find solutions for possible shortcomings of the current system.

NALBANDIAN Bianca

"The Sovereign Shift in International Investment Law"

Supervisor: Prof. Hélène RUIZ FABRI

 

Today, China, the BRICS countries, alongside the Gulf states and other emerging markets, have considerably grown in economic weight and political power. As eastern and southern countries became global capital exporters streamlining investment flows towards the Southern and the Northern hemispheres, investments by state-owned entities, sovereign wealth funds, and pension funds have reached extraordinary heights in both numbers and capital flows. Such an increased presence of the state in the market has prompted a shift from a fundamentally private to an abundantly sovereign character in the international investors’ plethora, reflective of a broader trend, often referred to as state capitalism. In this context, the international investment legal framework may have to adapt to the changing underlying macroeconomic trends and background. This Ph.D. thesis aims at exploring the impacts such paradigm shift may cast on the international investment legal framework.

NEGRE Damien

"L’Activité Professionnelle : L'Intégration d'Une Notion Fonctionnelle Européenne en Droit Interne"

Supervisor: Prof. Elise POILLOT

 

Non définie précisément par le droit européen, la notion d’activité professionnelle en droit de la consommation souffre de contours flous qui rendent instable son interprétation par les juridictions et législateurs nationaux, alors même qu’elle demeure un critère fondamental de la caractérisation des qualités de consommateur et de professionnel.

Cette étude tente de rechercher l’essence de la notion en droit européen, afin d’en faciliter la réception par les systèmes juridiques nationaux.

NGUYEN Trung

"Judicial activism at the WTO: A Comparative Analysis"

Supervisor: Prof. Hélène RUIZ FABRI

 

This PhD thesis will look at the phenomenon called ‘judicial activism’ at the World Trade Organization (WTO) from a comparative perspective. The author will present the trichotomy model to determine ‘judicial activism’ in international law, namely ‘substantive activism,’ ‘procedural activism’ and ‘institutional activism.’ Next, the author will analyse ‘judicial activism’ at the WTO through dissecting reports of the WTO Appellate Body in comparison with the CJEU. This dissertation will conclude by making several proposals and suggestions for the understanding of judicial activism in international law and at the WTO DSM.

NOVELLI Claudio

"AI and Legal Personality: a Theoretical Inquiry"

Supervisor: Prof. Johan VAN DER WALT

 

In my PhD research I discuss the hypothesis of giving legal personality to artificial intelligence systems. Although I adopt a mostly theoretical approach, I try to find practical implications for the legislator involved in this issue. Conceptual analysis can provide theoretical tools of great usefulness to the jurist, as in the present case, since it is necessary to find a general equilibrium between different legal systems with idea of what legal personality is and what it implies.

Indeed, legal personality is a key concept that holds together bundles of rights and obligations and for this reason it can be considered as a node of inferential networks between factual preconditions and legal effects. Although the inferentialist stance has important insights into the pragmatics of legal concepts, it does not explain the reasons why we cluster different situations under the same doctrinal categories and how those categories integrate extra-legal information.

In my thesis I argue that one way to account for these reasons is to deepen the institutional ontology of legal personality by identifying some presupposed concepts, i.e. meta-institutional concepts. I then argue that meta-institutional concepts are often employed by jurists for various purposes and that they can be relevant to law policy choices as that of including AIs among legal subjects.

ORNIG Dominik

"A Plea for a Statutory Mechanism for Sovereign Debt Restructuring Disputes"

Supervisor: Prof. Hélène RUIZ FRABRI

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OWISO OWISO

"The ‘Sovereign Power’ Of Regional Inter-Governmental Organisations And Its Application To The Administration Of International Criminal Accountability"

Supervisor: Prof. Matthew HAPPOLD

The research engages in a dual interrogation of the basis in international law for the exercise of elements of sovereign authority by regional inter-governmental organisations (RIGOs), and the application of this authority to accountability for international crimes. Using the European Union and the African Union as case studies, with specific focus on the EU’s engagement with the Kosovo Specialist Chambers and the AU’s engagement with the proposed Hybrid Court for South Sudan, the research seeks to determine: the basis in international law for the ‘sovereign power’ of RIGOs; whether RIGOs can exercise sovereign authority in the administration of international criminal accountability; and the potential impact of proactive engagement by RIGOs in international criminal justice.

 

PETIT Juliette

"Prospective work on Corporate Law and Hybrid Corporations: A comparative analysis"

Supervisor: Prof. André PRÜM

In the last 30 years a new kind of corporation has emerged in a growing number of countries. This newcomer has been called a « Benefit Corporation », a « société à mission », and can be generically designated as a « hybrid corporation ». Hybrid corporations were created to bridge the gap between commercial companies and philanthropic endeavors; their structure therefore allows to combine the pursuit of profitable activities with philanthropic or ethical goals. My research is founded on a comparison of the legislation concerning these compagnies in the Common Law system (mainly in the United-States: California and Delaware) and the Roman Law systems of Luxembourg and France. The purpose of this research is to demonstrate the values and flaws of these legislations in order to issue recommendations as to a possible betterment.

PFEIFFER Mylana

"Automated tax administrations and taxpayers’ rights in the EU"

Supervisor: Prof. Katerina PANTAZATOU

 

“Taxpayers’ rights” is a popular notion, but not sufficiently studied at the EU level, especially in connection to the automation of tax administrations. This research aims to bring legal clarity to the notion of taxpayers’ rights, especially in the context of automated processing and automated decision making in the EU. The taxpayers’ rights granting legal protection against the risks caused by automated tax administrations will be examined in detail. The main questions addressed in this research refer to the scope of application, the content, and the limits of the taxpayers’ rights applicable in situations of automated processing of taxpayers’ data.

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PODDA Emanuela

"Big data analysis system in IoE environment for managing privacy and digital identity: pseudonymity, de-anonymization, and the right to be forgotten"

Supervisor: Prof. Mark COLE

 

 

QUINTEL Teresa

"Data Protection for Asylum Seekers in the European Union? Harmonization prospects under the EU Data Protection Reform"

Supervisor: Prof. Mark COLE

'Since November 2016, Teresa is pursuing a PhD in EU Data Protection Law, carrying out research on the delineation between the GDPR and Directive (EU)2016/680 in the migration context. Her PhD discusses the question of whether Third Country Nationals enjoy the same data protection rights as EU citizens, given the fact that more and more legislation is adopted to process the personal data of individuals who come to the EU as asylum seekers, refugees or irregular migrants. One of the most pertinent issues addressed in Teresa’s thesis looks at EU large-scale databases and access to stored information by law enforcement authorities.

Teresa has published on different topics in the area of data protection, inter alia, on the applicability of Directive (EU)2016/680 to processing carried out by competent authorities in the context of AFSJ databases and interoperability, the applicable data protection regime to Financial Intelligence Units, the e-evidence proposals, hate speech and platform regulation, as well as the processing of personal data by Europol and the European Border and Coast Agency.

RICHTER Esthela

"Die soziale und berufliche Integration von weiblichen Flüchtlingen in den Ländern der Großregion unter besonderer Berücksichtigung der rechtlichen und sozialen Rahmenbedingungen"

"The social and professional integration of refugee women in the countries of the Greater Region with special consideration of the legal and social framework"

Supervisor: Prof. Jörg GERKRATH and Prof. Thomas Giegerich (Europa-Institut of Saarland University)

This research consists of a theoretical and an empirical part. The countries where the research is carried out are the countries of the Greater Region (Saarland and Rhineland-Palatinate (Germany), Luxembourg, Lorraine (France), Wallonia (Belgium).

This research deals among others with the following questions:

1. How do the measures and instruments applied in integration in the countries of the Greater Region guarantee the protection and support of the human rights of refugee women?

2.How do legal and social frameworks enable and promote the integration of refugee women in the countries of the Greater Region with special attention to their vulnerability?

RIVABELLA Simone

"The Independence of Prosecutors and the Rule of Law - an EU perspective."

 

Supervisor: Prof. Katalin LIGETI

The research will follow three lines: first, it will take stock of the existing international standards of independence and accountability of prosecutors applicable to all EU countries; second, it will undertake the first comparative and empirical research that applies these standards to thoroughly analyse four EU member states – France, Germany, Italy, and Luxembourg – as well as the EPPO; third, the study examines the legal and institutional tools that the EU could use to impose minimum requirements on the independence and accountability of public prosecutors in order to protect the rule of law in the EU and strengthen mutual trust within the Area of Freedom Security and Justice.

RIZZUTO FERRUZZA Silvia

"Exploring the Boundaries of the European Union’s External Borders: Balancing EU Security and Protection of Fundamental Rights"

Supervisor: Prof. Eleftheria NEFRAMI

The research aims to investigate the new strategy of the European Integrated Border Management and assess its security operations from the point of view of the protection of fundamental rights. By studying the main features of the current regime and its governance implication, it seeks to examine the extent to which this new strategy and the role of authorities and agencies involved represents a turning point in the integration of border controls at the EU level, and to which extent to they will be able to remedy the EU's shortcomings in border management and perform effectively on the ground while respecting fundamental rights, Referring to current approaches, it examines the legal delimitation between competences and coordination between EU institutions and national authorities of Member States, as well as problems arising with respect to the rule of law and the International and European legal framework of migration and asylum law.

ROMANO Leonardo

"Approaching the Unknown: Regulating Artificial Intelligence and Filling Liability Gaps in the Financial Market Domain"

Artificial intelligence (AI) is everywhere and its development, deployment and use are moving forward rapidly and contributing to the global economy. One of the first domains where autonomous applications have taken off is in financial markets. Markets are well suited to automation, as they are essentially built on information, which requires algorithms to digest. The effects on markets of AI systems is at present unclear, however, in part because the factors at play are unprecedented, and there is ample reason for concerns that the financial system is vulnerable to AI agent’s misbehavior, whether accidental or purposeful, legal or illegal, ethical or unethical. This study focuses on unintentional unethical behavior in agents used to trade in financial markets. Although today's autonomous agents operate within a relatively narrow scope of competence and autonomy, there is little doubt that trading agents will become increasingly capable of operating at wider levels of initiative without human oversight, and that regulation is now needed to prevent societal harm.

On these premises, potential impacts of AI on financial systems will be considered, with a view to understanding and mitigating AI threats to financial system and to building in accountability and control. The analysis will principally converge on three main points. As first, it will lay out some legal issues presented by the introduction of autonomous trading agents in financial markets, both specific to the financial domain and as a case study for autonomous agents in general. Then, it will examine the effects of autonomy on questions of lawful or ethical behavior that hinge at all on intent, focusing on questions about how to map ethical and legal concepts delineating acceptable trading behavior from the human to computational realm. Eventually, it will explore the possible legal solutions that might reconcile immediate autonomy with ultimate human authority. Finding effective solutions to the regulation of autonomous agents in tis domain is important in its own right, and may also prove illuminating for addressing the broader problem of AI contro

ROMANOVA Anna

"Small Investor protection in EU finance contracts"

Supervisor: Prof. Elise POILLOT

The thesis is mainly focused on the effectiveness of the existing legislation governing EU finance markets. The first part of the study is dedicated to exploring the current substantive law rules applicable to EU trading activities (such as MiFID II, MiFIR, UCITS etc.) with the second chapter aimed to tackle several aspects of law enforcement in cross-border financial contracts. The study aims to look at the finance contracts from the weaker party perspective, including general weaker party definition, possible reasons of weaker party protection and some obstacles currently existing that prevent weaker party's active involvement into EU finance transactions.

SACHDEVA Arpita

"Litigation of Claims Arising from the Situations of Contested Sovereignty "

Supervisor: Prof. Hélène RUIZ FABRI

In recent years, claims arising from situations of qualified or disputed sovereignty have been brought before various international courts and tribunals. These claims endeavour to characterize the dispute presented for adjudication in a manner as to not require the judicial body to conclude on the question of sovereignty directly inasmuch as the lack of jurisdiction of the judicial body to settle questions of sovereignty might preclude the jurisdiction over the overall dispute. This doctoral proposal offers to conduct a systematic study of the life cycle of such claims–beginning with the institution of proceedings, their judicial processing, the procedural and substantive challenges, and the final outcome, and the impact of the judicial decision on the underlying question of sovereignty. The aim is to find whether there is an emerging jurisprudence across the international and regional courts and tribunals relating to the claims arising from disputed sovereignty.

SAJFERT Juraj

"MATIS (Making transparent the invisible surveillance) "

Supervisor: Prof. Mark COLE

The main goal of MATIS is to carry out a structured academic research that would justify (or not) the intrusiveness and outreach of digital investigatory measures. MATIS should measure the use and frequency of digital investigatory measures and thereby develop new, objective and quantifiable criteria for assessing the necessity and proportionality of such measures.

SALMERI Antonino

"Enforcement Challenges of Space Mining as Multi-Level Regulatory System "

Supervisor: Prof. Mahulena HOFMANN

The purpose of Antonino’s research is to identify the enforcement challenges of space mining as a multi-level regulatory system, assessing the effectiveness of available enforcement mechanisms and suggesting solutions for their improvement. As the subject involves the interaction between different actors at various governance levels, the analysis will combine, inter alia, international space law, public international law, private international law, comparative law and European law. Structurally, the thesis will be divided in three parts: the first part will lay down the foundations of the research, the second part will identify applicable enforcement mechanisms and assess their effectiveness, while the third part will be dedicated to the solutions.

SANTALÓ GORIS Carlos

"The implementation of the European Account Preservation Order in Germany, Luxembourg and Spain: a comparative-empirical study"

Supervisor: Prof. Burkhard HESS

This thesis aims at elaborating a comparative study of the Regulation No 655/2014 establishing a European Account Preservation Order (“the regulation”) among four member states (Germany, Luxembourg and Spain). This study will have a theoretical-empirical approach. The theoretical side will focus on an abstract analysis of the legislation, case law and academic contributions about the regulation. The empirical part will consist on gathering quantitative (e.g. number of preservation order applications per member state) and qualitative data, obtained throughout interviews conducted with different legal practitioners (e.g. judges; legal clerks; lawyers; bailiffs…).

This analysis aims at exposing the divergences existing among those member states on the application of a European “uniform” proceeding; and how these differences could affect, or even undermine, the objectives and principles on which the regulation was edified.

 

SAPIENZA Salvatore

"Clinical Perspectives on Big Data In Agri-Food : Ownership and Governance for Safety"

Supervisor: Prof. Mark COLE

Big Data is reshaping the way we interact with technology, thus fostering new applications to increase the safety-assessment of foods, a critical goal in the protection of individuals’ right to health and the flourishing of the food and feed market.

An extraordinary amount of information, including real-time data available from multiple sources, is analysed using machine learning approaches aimed at detecting the existences or predicting the likelihood of future risks, thus reducing the inaccuracy of risk assessment. Food business operators share the results of these analyses when applying to place on the market certain products, whereas agri-food safety agencies (including the European Food Safety Authority, EFSA) are exploring new avenues to increase the accuracy of their evaluations by processing Big Data.

Such an informational endowment brings with it opportunities and risks correlated to the extraction of meaningful inferences from data. However, conflicting interests and tensions among the involved entities – the industry, food safety agencies, and consumers – hinder the finding of shared methods to steer the processing of Big Data in a robust, transparent and trustworthy manner.

Taken together, the recent reform in the EU sectoral legislation, the lack of trust in the EU food safety system proved by the recent Fitness Check of the General Food Law and the presence of a considerable number of stakeholders highlight the need of ethical contributions aimed at altering the development and the deployment of Big Data applications. At the same time, general Artificial Intelligence guidelines published by European Union institutions and Member States have to be discussed in light of applied contexts, including the one at stake.

This thesis aims to contribute to this goal by discussing what principles should be put forward when processing Big Data in the context of agri-food safety-risk assessment. The research focuses on two narrow and interviewed topics – data ownership and data governance – by evaluating how the regulatory framework addresses the challenges raised by Big Data analysis in this domain. To do so, it adopts a cross-disciplinary research methodology that keeps into account both the technological advances and the policy tools adopted in the European Union, while assuming an ethical perspective when exploring potential solutions. The outcome of the project is a tentative roadmap aimed to identify the principles to be observed when processing Big Data in this domain and their possible implementations.

 

SPOLVERATO Giorgia

"Regulating the use of predictive justice algorithms by civil courts. Lessons from France and Italy."

Supervisor: Prof. Burkhard HESS

Giorgia Spolverato is a PhD candidate at the University of Luxembourg and a Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law in Luxembourg. She is a member of the International Max Planck Research School for Successful Dispute Resolution (IMPRS-SDR).

Giorgia's thesis will explore the impact of algorithmic justice predictions on the legal decision-making process and how it should be disciplined by the law. Due to the well-known opacity and complexity of automatic data processing through AI techniques, such practice reduces the transparency of judicial reasoning, the judges’ decisional autonomy and the possibilities to scrutinise the suggested algorithmic outcomes. This has undeniable disruptive effects on judicial independence and impartiality.

The analysis of the French Datajust decree and four Italian projects - aiming at the development of predictive justice mechanisms to handle civil cases - will serve to identify the concrete legal and technical challenges faced in the design, development and implementation of these software, as well as the expedients adopted to overcome them.

 

 

TONINI ALABISO Lola

"External impact of the fundamental rights protection in the European Union: Analysis of the Court of Justice’s jurisprudence relating to the restrictive measures and to the person"

Supervisor: Prof. Elefteria NEFRAMI

 

 

TRABALLI Alberto

"Tax dispute resolution mechanisms and resolution mechanisms in Transfer Pricing disputes"

Supervisor: Prof. Aikaterini PANTAZATOU

 

 

 

URBAN Lisa

"Hacking Techniques in Criminal Investigations – A Comparative and European Analysis"

Supervisor: Prof. Silvia ALLEGREZZA

Lisa’s PhD research analyses important legal and especially fundamental rights shortcomings that the legalization of ‘hacking’ in criminal investigation entails. To overcome encryption and anonymization efforts, investigators use malware and other methods to gain covert and remote access to IT systems and execute a variety of investigative techniques, such as searches and real-time surveillance. Through a comparative (Germany, Luxembourg, Belgium) and European analysis of relevant recent legislations, the study aims at providing standards and guidelines for a balanced legal framework which ensures full respect of fundamental rights and national constitutional safeguards, without comprising cross-border cooperation among EU law enforcement authorities.

 

VOROBYEVA Natalia

"Protection of taxpayer’s rights at the Crossroad of Human and Fundamental Rights in Europe"

Supervisor: Prof. Werner HASLEHNER

In her doctoral research, Natalia Vorobyeva pursues the central question how the uniform protection of taxpayers’ rights can be ensured in Europe in view of the approaches applied by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) in tax matters, and which consequences this might have for national tax policies. Following a comprehensive examination of the relevant case law of both courts and its implications for national tax laws, she aims to propose solutions for the multi-level interaction of national, European and international competences with respect to taxpayers’ rights protection.

 

 

WOLTER Danielle

"The openness of the Benelux constitutional systems to the primacy of international law"

Supervisor: Prof. Luc HEUSCHLING

Danielle Wolter joined the DTU REMS II as a PhD candidate under the supervision of Prof. Dr. Luc Heuschling in march 2019. Her PhD research focuses on the openness of the Belgian, Dutch and Luxembourgish constitutional systems to the primacy of international law. Her fields of interest include constitutional law, public international law, comparative law and legal history.

 

ZARKAN Laetitia

"Protection of Space Assets from Cyber Attacks: Legal Aspects"

Supervisor: Prof. Mahulena HOFMANN

 

 

ZHAO Bin

"Characterization of Dispute before International Courts and Tribunals"

Supervisor: Prof. Hélène RUIZ FABRI

 

His PhD Research Project focuses on the characterization of dispute in international dispute settlement systems, with a special focus on the ICJ, ITLOS and inter-State arbitral tribunals. Judicial practices of different courts and tribunals have developed inconsistent and even contradictory approaches on this issue, which may hamper the principle of State’s consent, and jeopardize the legality and credibility of dispute settlement mechanisms. Therefore, the study mainly investigates how to scientifically characterize a legal dispute in international litigation. The outcome of the project may provide clarity and guidance on the controversial issue of characterization of dispute, which may facilitate States to decide whether or not to bring judicial proceedings before international courts and tribunals in the future.

 

ZINONOS Panagiotis

"L’effectivité des droits comme synergie entre loyauté et confiance : Recherche sur l’identité du système constitutionnel de l’Union européenne"

Supervisor: Prof. Eleftheria NEFRAMI

 

Aiming the effective protection of legal rights, the project follows a systemic analysis of the EU founded on the synergy between loyalty and trust. Beyond stressing the coexistence of various interests and claims that originate from individuals and public institutions, the assessment of existing case-law allows to revisit legal principles and to confirm the Union’s specificity. Various procedural assessments underline the importance of the EU judicial system as a component of the rule of law.

 

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