École doctorale de droit
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PhD candidates and their Research Project:
| AADE Laura |
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| "Working title: To Be or Not to Be a Social Marketplace: The Future of E-Commerce on Social Media Through the Lens of Consumer Protection" Supervisor: Prof. Elise POILLOT
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| ANASTASOPOULOU Melina |
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| "Artificial Intelligence in Criminal Investigations" Supervisor: Prof. Stefan BRAUM
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| ANCORA Antonio |
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| "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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| ANTUNES Théo |
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| "Criminal Courts at the Digital Age: Assessing the use of Artificial Intelligence based algorithms under the Principle of Independence of the Judiciary in Europe" Supervisor: Prof. Katalin LIGETI This Doctoral thesis will focus on the independence of the Judiciary and the use of Artificial Intelligence based algorithms in of criminal courts. The rise of Artificial intelligence within our societies has grown over the last years in all prism of the society, at such extent that its use as a mean to administer criminal justice has become more than science fiction, but a concrete reality. This issue is highly relevant in the growing will for European States to use such advanced technology as a tool to accelerate the criminal trials and to assist Judges in the decision making. It is also highly relevant in the broader topic of the challenge of Artificial Intelligence and the impact of its incorporation in both Criminal Procedural Law and for the Rule of Law. The principle of independence stands at the crossway of the Criminal Trial and the guarantees of the Rule of Law, its main aim is to render Justice through a neutral, law-based and fact-based decision without any interference from other branches of power nor from any other undue influence and interference. This thesis would thus aim at investigate the impact and the challenges of the use of such advanced technology on the principle of independence of the Judiciary as a cardinal principle of the Rule of Law and criminal Justice. It will also aim at investigate possible solutions in order to render the use of A.I in criminal courts compatible with the principle of independence while safeguarding the different interests at stake. |
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| BARRESI Olimpia |
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| "The impact of Aritificial Intelligence in Criminal Law: from preventive to repressive uses" Supervisor: Prof. Silvia ALLEGREZZA
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| BECKER Gustavo |
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| "Fulfilling the right to access to an effective remedy for victims of transnational business-related human rights abuses: The role of private grievance processes" Supervisor: Prof. Hélène RUIZ FABRI Gustavo’s PhD analyses private remedial processes applied in cases of transnational business-related human rights abuses through the lens of international human rights law, specifically the right to access to an effective remedy. His research aims to answer how private remedial processes may contribute to or impair the fulfillment of the right to access to an effective remedy for victims of transnational business-related human rights abuses. In addition, his PhD will assess the role and obligation of States under international law to regulate and police the establishment and use of private remedial processes in cases of human rights abuses. . |
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| BELLI Alessio |
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| "L'héritage oublié. La citoyenneté sociale à la recherche d'un nouvel imaginaire conceptuel." Supervisor: Prof. Johan VAN DER WALT Dans mon projet je travaille sur le concept de citoyenneté sociale en Europe à partir du contexte défini par les relations complexes et changeantes entre sa dimension nationale et le processus d’intégration européenne.La première partie du projet est consacrée à la mise en exergue du concept de citoyenneté sociale comme élément distinctif de ce qui a été défini "l'originalité européenne", c'est-à-dire l'affirmation au sein des états d’une sorte de overlapping consensus entre les différents courants idéologiques quant à la nécessité de définir et de garantir un ensemble de droits sociaux fondamentaux et de politiques sociales destinés à assurer un niveau acceptable de justice sociale et un équilibre raisonnable entre liberté et égalité, entre économie de marché et cohésion sociale. |
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| BENS Theresia Adriana Gerarda |
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| "Adaptation of unknown foreign measures and orders under the Brussels IA Regulation" Supervisor: Prof. Burkard HESS
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| BIANCO Arthur |
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| "Digital Collaborative Economy and the European Union: Strides towards a balance between fair and simple taxation?" Supervisor: Prof. Aikaterini PANTAZATOU
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| BISKUPSKI Marcin |
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| "Enfrocement of tax offices against corporate offenders" Supervisor: Prof. Katalin LIGETI
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| BLOUNT Kelly |
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| "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.
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| BOSSELER Guillaume |
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| "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.
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| BOUCHAGIAR Georgios |
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| "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. |
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| BOULANGER Frédérique |
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| "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. |
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| BRUNO Walter |
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| "Strategic Litigation in Europe: legal framework and judicial perspectives" Supervisor: Prof. Burkhard HESS Strategic Litigation is an expanding phenomenon. A growing number of NGOs, public bodies and individuals take action before courts to seek a better safeguard of collective interests and fundamental rights in legislation, case law and public awareness. Existing judicial remedies and procedural law are often unprepared for strategic litigation. The lack of institutionalization results in need for a legal understanding of the phenomenon. More specifically, Walter's project aims to analyze what approaches toward strategic litigation the Court of Justice EU and the European Court of Human Rights have, how strategic cases can be better dealt with before these courts and what potential strategic litigation has at the European level.
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| CAIOLA Antonio |
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| "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. |
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| CECI Jean-Marc |
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| "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. |
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| CHIAPPONI Giovanni |
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| "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. |
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| CHIARA Pier |
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| "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. |
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| D'ATH Florence |
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| "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). |
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| DA GRAÇA PINTO Roberta |
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| "'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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| DE BRUIN Ruben |
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| "Digitalisation in the EU's external action" Supervisor: Prof. Eleftheria NEFRAMI . |
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| DEMIR Erdal |
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| "Governance of Corporate Groups in the Axis of Liability of Directors in Subsidiaries " Supervisor: Prof. Pierre-Henri CONAC
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| DETERS Hannah |
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| "The Duty to Give Reasons When Refusing Applications of Leave to Appeal - A Comparative Study" Supervisor: Prof. Burkhard HESS . |
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| DIRUTIGLIANO Jacopo |
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| 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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| DUNN Pietro |
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| "Online speech governance and Internet intermediaries in the fight against digital hate" Supervisor: Prof. Mark David COLE The research focuses on the issue of “hate speech” in the context of speech regulation within the algorithmic society, where the harms connected to hatred are greatly amplified. To face these issues, public institutions have turned to private Internet intermediaries with the purpose of delegating to them the removal of such content. The project aims at addressing the following questions: how should online hate speech governance address these digital private actors? How can the law foster hate speech moderation whilst guaranteeing users’ constitutional rights and what are the risks connected to the private (algorithmic) moderation practices of online platforms? . |
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| DUTTA Somesh |
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| "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. |
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| FERNANDEZ Ahumada Angelica |
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| "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
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| FINELLI Francesca |
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| "National Enforcement of International Targeted Sanctions" Supervisor: Prof. Matthew HAPPOLD
International targeted sanctions are a prominent tool of foreign policy. The United Nations, the European Union and several individual States increasingly resort to them in order to face international peace and security concerns. The domestic enforcement process of those individualized sanctions has not been sufficiently investigated. Accordingly, this research projects aims to study how national authorities (both public and private actors) collaborate at the domestic level in order to effectively enforce sanctions, and to what extent they respect adequate procedural guarantees and fundamental rights of targeted individuals. Three national enforcement systems are going to be analyzed and compared: the Luxembourgish, Italian and UK systems. This comparative approach is instrumental to investigate best practices in different countries, and ultimately, to present new guidelines to legal practitioners with the view of strengthening the overall legitimacy of the sanctioning process. |
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| GEBHARD Gerd |
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| "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.
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| GEELHAND DE MERXEM Loic |
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| "The materiality of climate disclosure by major oil and gas companies " Supervisor: Prof. André PRUM Faced with the challenge of climate change, large companies are increasingly being asked to report on their extra-financial performance. Traditionally subject to financial and accounting information obligations, companies must now communicate more and more information on their climate performance. Considered as a real gateway to corporate accountability in the face of climate change, securities law can participate in this movement towards a "climate law" at the cost of certain adaptations. This research project aims to revisit the legal concept of "materiality" in light of climate change in the context of extra-financial reporting by large oil and gas companies in Canada and Europe. This project seeks to reflect on a more narrative, forward-looking climate information and invites us to think about a stronger accountability of companies, moving from a traditional accountability to a real legal liability.
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| GENCO Alice |
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| "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.
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| GERARDY Marie |
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| "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. |
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| GONG Yi |
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| "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. |
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| GRUSHETSKA Sana |
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| "Supervisory convergence and enforcement of transparency requirements in capital markets in the European Union (EU): role of the European Securities and Markets Authority (ESMA) and the national supervisory authorities" Supervisor: Prof. Pierre-Henri CONAC . |
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| GUBENKO Stanislav |
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| "China's infrastructure development in Europe from a human rights perspective. The cases of Western Balkans" Supervisor: Prof. Matthew HAPPOLD Stanislav’s doctoral research seeks to analyse the interplay between mega-infrastructure projects and human rights by looking at modern Chinese infrastructure development in Europe from the legal perspective, focusing in particular on the transformation of the Chinese approaches to human rights in foreign policy. This will be done, in particular through case studies of several countries in the Western Balkans, a region strategically important both for European and Chinese investments.
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| HIRY Jasmin |
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| "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. |
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| HOMOV Ella |
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| "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. |
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| HUBAI Andrii |
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| “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. |
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| HUBKOVA Pavlina |
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| “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. |
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| JAIN Priyanka |
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| “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. |
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| KOLOVOU NIKOLAOPOULOU Areti |
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| "Collective Investment Schemes Law" Supervisor: Prof. Dirk ZETZSCHE . |
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| KÜNZEL Luisa-Sophia |
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| "CorpTech" Supervisor: Prof. Dirk ZETZSCHE . |
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| LABI Clément |
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| “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. |
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| LANGENSTEINER Nils |
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| "Regulation of access to and governance of online platforms providing pornographic content in the European Union and in the United States (working title)" Supervisor: Prof. Mark David COLE . |
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| LENTZ Patrick |
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| “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. |
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| LETERRE Gabrielle |
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| “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. |
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| LEVICNIK Pia |
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| "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. |
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| LORENZONI Isabella |
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| LUPINU Pier Mario |
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| "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. |
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| MACHURA-URBANIAK Anna |
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| "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. |
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| MAROT Jean-Aymeric |
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| "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.
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| MARTINS SPINDOLA DINIZ Ricardo |
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| "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. |
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| MC ARDLE Arron |
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| "Judicial approaches toward hate speech in German, Irish, UK and European Human Rights Law" Supervisor: Prof. Jörg GERKRATH . |
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| MELIKYAN Arman |
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| "Evaluating and Rethinking Compliance with Sustainable Development (Labour and Environmental) Standards of Free Trade Agreements through Effective Dispute Resolution and Enforcement Mechanisms" Supervisor: Prof. Hélène RUIZ FABRI . |
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| MENGHINI Jacopo |
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| "Online Parody. The evolution of its notion, technical and legal issues" Supervisor: Prof. Jörg GERKRATH . |
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| MORAITI Anna |
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| “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.
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| MUKHTAR Habiba |
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| "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 |
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| "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. |
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| NALBANDIAN Bianca |
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| "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. |
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| NEGRE Damien |
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| "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. |
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| OLIVEIRA SILVA Frederico |
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| "Consumer mediation in the financial sector from a comparative perspective between the European Union and Brazil" Supervisor: Prof. Elise POILLOT Frederico joined the Doctoral Training Unit on Enforcement in Multi-Level Regulatory Systems II as a PhD candidate on July 2021. He researches about the use of the mediation as an out-of-court procedure for the settlement of consumer disputes on the financial sector on the European Union and the Brazilian contexts. His investigation tends to demonstrate whether and why consumer financial conflicts are likely to reach amicable agreements and to identify the regulatory patterns behind the phenomenon. |
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| ORNIG Dominik |
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| "A Plea for a Statutory Mechanism for Sovereign Debt Restructuring Disputes" Supervisor: Prof. Hélène RUIZ FRABRI
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| PETIT Juliette |
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| "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. |
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| PODDA Emanuela |
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| "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
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| POLITIS Alexandros |
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| "The Enforcement of EU Tax Law within a dynamic international legal framework – An Evolutive Interpretation of the Internal Market Rules" Supervisor: Prof. Werner HASLEHNER . |
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| RIZZUTO FERRUZZA Silvia |
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| "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. |
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| ROMANO Leonardo |
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| "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 |
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| SACHDEVA Arpita |
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| "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. |
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| SAJFERT Juraj |
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| "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. |
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| SALENTINY Frank Luc |
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| "Taxation of investment income in Luxembourg" Supervisor: Prof. Werner HASLEHNER . |
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| SANTALÓ GORIS Carlos |
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| "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. |
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| SARTORI Enrico |
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| "Effectiveness of administrative sanctions in European securities law and compensation of investors' losses" Supervisor: Prof. Pierre-Henri CONAC . |
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| SKONTZOS Athanassios |
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| "Due Process as a bar to enforcement in International Commercial Arbitration" Supervisor: Prof. Burkhard HESS . |
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| TERZIDOU Kalliopi |
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| "AI Applications for Judicial Administration in EU Courts: Is Automated Justice Compliant with the Right to a Fair Trial?" Supervisor: Prof. André PRUM . |
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| THEODORAKAKOU Georgia |
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| " Developing EU Criminal Justice through the Transnational Criterion: Myth or Reality? " Supervisor: Prof. Katalin LIGETI . |
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| TONINI ALABISO Lola |
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| "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
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| TRABALLI Alberto |
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| "Tax dispute resolution mechanisms and resolution mechanisms in Transfer Pricing disputes" Supervisor: Prof. Aikaterini PANTAZATOU
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| TRUBACHEVA Anastasia |
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| "Cross-border movement of judgments in economic matters within the Eurasian Economic Union: legal framework and prospects for development" Supervisor: Prof. Burkhard HESS The main aim of the research project is to identify and analyse the peculiarities, trends and perspectives of the regulation and practical application in the area of mutual recognition and enforcement of judgments in economic matters within the Eurasian Economic Union (EAEU). A comprehensive comparative and empirical analysis will be carried out to propose an adequate path for the EAEU in the light of its aims and principles, as well as innovative techniques, regional and global features. The project may also help to reveal the major synergetic opportunities of economic integration and judicial cooperation in civil matters for the sovereign states with a common historical and cultural background. |
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| TUBAITE-STALAUSKIENE Asta |
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| " Legal aspects of participation of third countries in the EU Space Programme" Supervisor: Prof. Mahulena HOFMANN . |
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| UNTERSTELL Marian |
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| "Sustainable Finance and Collective Investment Schemes (provisional) " Supervisor: Prof. Dirk ZETZSCHE . |
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| URBAN Lisa |
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| "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.
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| VELLI Federica |
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| "Loyal cooperation in EU external relations law" Supervisor: Prof. Eleftheria NEFRAMI Sincere cooperation emerged as a pivotal principle in European law to ensure the involvement of the EU on the international plane alongside its Member States. Taking the perspective of the relationship between EU law and international law, the thesis aims to examine the contribution of the principle of sincere cooperation to the external relations of the EU. In particular, the thesis will analyse the role of the principle when the Union exercises its external competence to enter into international commitments and subsequently complies with them in its legal order.
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| VIGNA Francesco |
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| "CODES OF CONDUCT FOR THE HEALTHCARE SYSTEM IN A BIG DATA AND ANALYTICS CONTEXT" Supervisor: Prof. Luca RATTI . |
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| WIVENES Jean |
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| "The impact of passive shareholding on company law, corporate governance and corporate financial performance" Supervisor: Prof. Isabelle RIASSETTO . |
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| WOLTER Danielle |
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| "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.
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| XU Ziwei |
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| "The legal framework of social enterprise in EU, USA and selected Asia regions---based on methodology of comparative law" Supervisor: Prof. David HIEZ
Social enterprises have existed in many regions since before the early 1990s, when the term started to be increasingly used in both Western European and the USA, but there is no unified definition of social enterprise yet till today. Due to historical and socio-economic contexts, key factors and driving forces which led to the emergence of social enterprises in Europe, the USA and Asia, this thesis tries to focus on the systematic comparative analysis of social enterprises in these countries and regions, especially pay attention to the concept, the legal status of social enterprises; a legal comparison is undertaken to demonstrate the similarities and differences of legal forms of social enterprises in relation to legal variables, including legal attributes of social enterprises, construction of social enterprises’ identification authentication system, etc. Another pivotal part of the thesis is the relationship between social enterprises and competition law, despite the nuance of legal provisions in competition law of different countries, the goal is same and certain, which is to pursue the fair competition. Based on these legal provisions, it is known that undertakings are subjects of these competition law, which raises another interesting question, whether social enterprises could be considered as undertakings, or if social enterprises should be excluded from the fair competition in the market. In addition, as one of the most important pillars in competition law, state aid would be a catalyst towards the answer to the aforementioned question. Last but not the least, conflicts between managers and stakeholders of social enterprises are continuing, mostly because of the mission for profit of stakeholders, also the accountability and responsibility of social enterprises of them and the financial structure of the social enterprises; therefore, it is necessary to find an appropriate way to solve the problem and in my study which is intrinsic from the nature of social enterprises. |
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| YUSIFLI Zahra |
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| "Work in the digital economy" Supervisor: Prof. Luca RATTI . |
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| ZARKAN Laetitia |
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| "Protection of Space Assets from Cyber Attacks: Legal Aspects" Supervisor: Prof. Mahulena HOFMANN
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| ZHAO Bin |
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| "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.
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| URL: https://wwwfr.uni.lu/formations/fdef/ecole_doctorale_de_droit/phd_candidates | Date: samedi 01 avril 2023 21:19:29 |