ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

51 BORDERS AND BOUNDARIES IN
INTERNATIONAL, TRANSNATIONAL
AND EU LAW
states. This paper tries to think over organization and
results of a possible European regulation of administrative
proceedings.
Panel formed with individual proposals.
Participants Andreas Kulick
Lorenzo Saltari
Mayu Terada
Gabriella Margherita Racca
Stephanie Law
Federico Suárez Ricaurte
Name of Chair Gabriella Margherita Racca
Room DOR24 1.405
Andreas Kulick: Neither here nor there –
Horizontal Effect and the Challenges of Transnationalization
Are fundamental rights restricted to the individualstate
relation or do they – in one way or another – apply
also among individuals? There is a lack of approaches
that tackle current and future challenges posed by
phenomena in private relations such as de-territorialization,
ubiquity and increased mobility. The internet is
the prime paradigm for such changes, but also beyond
the realm of the cyberspace, issues of horizontal effect
transgress borders: Do fundamental rights apply
(and which fundamental rights apply) if I chat online
and get insulted by a Filipino living in Switzerland and
seek civil redress before national courts? My presentation
will flesh out the challenges such transnationalized
horizontal effect constellations pose from the
perspective of constitutional theory and will seek to
identify six issues that are particularly pertinent for
reconstructing a horizontal effects doctrine responsive
to the said challenges.
Lorenzo Saltari: National implementation of supranational
functions. The grey zone across the
borders: why common and unitary regulation of
administrative procedure in EU it is necessary
The execution of common administrative functions
in Europe remains largely in the hands of national
administrations. Not often, European law puts
in the hands of national administrations whole execution
of the common function. After some time,
they are no more effective unless the state decided
to make them definitive. This power of European
Commission, concerns the interests both of all European
consumers and of the food or fodder productive
sector, ablative measures potentially damaged.
European legislation, however, gives a power without
specifying how to use it. It says that there must be
legal protection. Nothing, however, it is said about
how protect different interests before the decision is
taken. To fill this gap would be helpful a common and
unitary procedure that rules cooperation in European
supranational system between the several member
Concurring panels 88
Mayu Terada: Borders, Network and Regulations:
Functions of Regulatory Bodies in the Telecommunication
Field in EU and Japan
Information flows all over the world especially
through the internet across borders. But regulations
are different from countries to countries. This paper
focuses on the functions and actual regulations of the
regulatory bodies of EU and Japan. How should public
agencies deal with the problems that arise from the
internet and the basic network system is a difficult
question. This paper deals with EU and Japan’s functions
of regulatory bodies in the telecommunication
field because comparative law is actually functioning
in creating the regulation especially on network
system because of its borderless nature. There have
been several regulations that are announced by the EU
rulemaking sectors regarding data portability and data
protection etc. Japan is also trying to update its regulatory
sector and regulations and this paper analyses the
communications and cooperation of public agencies
of EU and Japan.
Gabriella Margherita Racca: Trans-border Cooperation
for Integrity, Equality and Trust in Public
Institutions
Corruption – widely defined as abuse of power for
private gain – causes inequalities and undermines
trust in public powers. The paper highlights to what
extent corruption erodes the pillars of democracy, the
solidarity principle and fundamental rights. Corruption
overcomes any border and its transnational relevance
has been recently highlighted in the opinion
of the European Economic and Social Committee on
“fighting corruption in the EU: meeting business and
civil society concerns” (2016). The strategy for integrity
requires a “enhanced and inclusive transnational
anti-corruption cooperation” improving coordination
among the relevant bodies (OLAF, Eurojust, Europol,
Ombudsman, Court of Auditors) and coordination
and cooperation among national public entities (e.g.
exchange of information and of civil servants as
well as supporting training schemes). The pillars of
trans-border anti-corruption strategies should be the
values of solidarity and social cohesion. Systemic
corruption exasperates inequalities and often stakeholders
are kept unaware of such distortions due to
a lack of transparency, information asymmetries, or
undeveloped competences. Wider transparency, the
oversight of civil society, of the media and the administrative
cross-border cooperation to enforce accountability
of politicians and civil servants is needed.
A concrete risk of loss of reputation might become
an effective deterrent to improper conduct for the
pursue of public good.