Law

We live in an algorithm-driven and digitalized world in which human behavior is increasingly replaced by information and communication technology. This trend toward digitalization also affects capital markets, where algorithmic trading and its regulation is a prime example of the shift from human behavior to full automation.

In a German-Italian comparative perspective, Luca Silvani presents the judicial referral as a flexible instrument of constitutional adjudication that reflects the differing functional conditions and strategies of the Federal Constitutional Court and the Constitutional Court of Italy.

Constitutional court standards shape constitutional law. But how abstract or context-specific should we interpret them? Drawing on pragmatist theories, Simon Pielhoff proposes a method of interpreting standards that navigates between historicization and abstraction.

To what extent do the transitional provisions of Article 83 of the EU Succession Regulation safeguard legitimate expectations in light of the new harmonised system of international succession law? Dinah Riss examines this question and develops proposals for an interpretation of the provision that appropriately balances the interests involved.