Methodology and Research Strategy in EU Digital Regulation
Info about event
Time
Location
CBS, Room PH18B 1.154 (first floor), Porcelænshaven 18B, 2000 Frederiksberg
Course coordinator
Andrej Savin, Department of Business Humanities and Law (BHL)
Faculty
Professor with special responsibilities Andrej Savin
Department of Business Humanities and Law, CBS
Professor with special responsibilities Jan Trzaskowski
Department of Business Humanities and Law, CBS
Professor Søren Sandfeld Jakobsen
Department of Business Humanities and Law, CBS
Aims and objectives
This course is aimed at PhD students who either work with a topic in digital regulation/IT law/Internet law or otherwise need good methodological grounding in EU IT law. The latter can be particularly relevant in projects concerning the interface between law & technology, privacy and data protection or management of IT systems but also political sciences or sociology.
The course is designed for two purposes.
First, to give a thorough understanding of the dogmatic legal method as applied to EU digital regulation. In this sense, the interpretation of primary and secondary sources, case law and soft law guidance relevant in the digital world will be put in focus. In addition to this, comparative method and EU method in general will be addressed and so will the challenges of multidisciplinary research.
Second, the course seeks to improve candidates’ research strategies in light of their project aims. In this sense, the course will look at how sources and methods influence the structure of the paper and how arguments should be constructed based on the interpretation of preparatory documents (historical interpretation), the understating of the political processes behind EU digital laws and the work of the enforcement agencies. The course looks at (re)building research strategies around participants’ actual topics in a feedback session.
Learning objectives
At the end of the course, the students should be able to:
- Identify and discuss the main methodological approaches to research of EU digital regulation
- Position their own thesis project vis-à-vis current research on EU digital regulation
- Be able to put their own research in light of the law & management and law & entrepreneurship body of scholarship
- Develop research strategies for dealing with the multiplicity of regulatory sources covering their subject of research
- Apply the theories and methods covered in the course in their thesis projects
Structure and format
The course is designed to provide a thorough understanding of the main methodologies used in researching EU digital regulation and to teach students how to develop research strategies including situations where multidisciplinary research is involved. The course consists of 3 days with 3 2-hours sessions each and a final day of project presentations.
The course uses presentations, facilitated discussion and workshops. Students’ projects are used as a point of reference in the course.
The first part looks at the main methodological challenges at working with EU digital regulation. The multiplicity of sources will be dealt with as a presentation with reference to participants’ projects. This is followed by a facilitated discussion dealing with digital policy and methods for incorporating it into PhD research. This is followed by the sessions on CJEU as a creator of law and on methodologies for working with secondary law. Multidisciplinary methods are looked at in the form of a presentation and discussion.
The part on research strategy consists in the workshop on examples of incorporating data analytics, interviews, etc. into legal research. This is followed by a session on the strategy and management perspectives (law & management approach) in legal research and a whole day of PhD project presentations, feedback and discussions.
Class preparation
A 3-4 page summary of your project including the idea, the research question, the description and a table of contents with a brief description of each chapter. To be sent 1 week before the start.
A 1-page explanation of the method(s) you use and how they help answer the problem you are trying to answer to be posted at the same time but as a separate document.
Exam and evaluation
Take-home exam is given at the end of the course (posted on Canvas) to assess the preparedness for the topics discussed in class. The format is a 5-page paper of standard text. The paper is due within 2 weeks after the course at the latest.
A Pass/Fail grade will be based on the timely submission and quality of the oral presentation in the last session and the final exam. A passing grade on all the course assignments (i.e., the project profile and the five reading summaries uploaded to CANVAS) is a prerequisite for taking the exam.
ECTS
4 ECTS
Program and readings
Day 1 - Research Method I
9-11 Method and Sources:
Understanding the EU Regulatory Environment - presentation
Presentation of the methods for dealing with the multitude of EU sources, strategies for deciding on their relevance and for incorporating them.
11-13 Working with Sources I:
Understanding and Working With EU Digital Policy facilitated discussion
Discussion on methods for working with digital policy based on participants’ projects and assigned material.
13-14 Lunch
14-16 Working with Sources II:
Working with CJEU Judgments, From Law to Court Interpretation
Presentation on the importance of CJEU case law in digital regulation and discussion on research strategies for working with them.
Day 2 Research Method II
9-11 Working With Sources III:
Working With Secondary Sources, Policy Papers, Impact Assessments etc.
Workshop on using secondary sources in PhD research with particular accent on impact assessments, white papers and other policy documents.
11-13 Multidisciplinary method:
EU law, national law, comparative law, behavioural sciences, law & economics presentation and facilitated discussion
Presentation on working with different legal methods. Facilitated discussion based on multidisciplinary aspects of participants’ papers.
13-14 Lunch
Research Strategy I
14-16 The use of Statistics, Interviews, Data-Based Analysis etc. workshop
Workshop on incorporating statistical and other quantitative data and using interviews. Working with and collaborating with national and EU enforcement agencies on topics from their jurisdiction.
Day 3 Research Strategy II
9-10 Law & Management, Law & Strategy Approach in PhD studies presentation
10-12 Composing a PhD: Working With Structure in a Multidisciplinary Context
Facilitated discussion based on test cases. 4-5 monographs will be looked at and the strategic research choices analysed.
12-13 Lunch
14-16 Writing papers in EU IT Law or a Related Subject presentation
Discussion on publishing strategies during a after PhD.
Research Strategy III
Day 4 Feedback Session – Project Presentations
Literature
Mandatory reading
- Lodder, A., Ch. 1, “The European Union and E-Commerce” in Lodder/Murray, EU Regulation of E-Commerce (Edward Elgar 2022)
- Savin, A., Ch. 1, EU Internet Law (3rd ed., Edward Elgar 2020)
- Savin, A., Ch. 1, EU Telecommunications law (1st ed., Edward Elgar 2018)
- Brownsword, R., Rethinking Law, Regulation, and Technology (Edward Elgar 2022) Parts I and II (Ch. 1-6), the rest as recommended reading
- DeNardis, L., The Global War for Internet Governance (Yale University Press 2014) Ch. 1, 2, 5 and 6, the res as recommended reading
- Brownsword, R., Goodwin., M. Ch.3 “Four Key Regulatory Challenges” in Law and the Technologies of the Twenty-First Century (CUP 2012)
- Reed, C., Ch. 11 Making Laws for Cyberspace (OUP 2012)
- Rosati, E., Ch. 1 and Ch. 2 in Copyright and the Court of Justice of the EU (OUP 2019)
- Savin, A., “Rule Making in the Digital Economy: Overcoming Functional Equivalence as a Regulatory Principle in the EU” 2019 22 Journal of Internet Law 3-15
- Riesenhuber, K., Ch.1 §6, “Sources of European Private Law” and Ch. 3 §10 ”Interpretation of EU Secondary Law” in European Legal Methodology (2nd ed. 2021)
- Bagley, C., Ch. 1 in Managers and the Legal Environment (Cengage 2019)
- Begley, C., “The Value of a Legally Astute Top Management Team: A Dynamic Capabilities Approach” in Teece (ed.), D., and Heaton, S. (ed.) The Oxford Handbook of Dynamic Capabilities (OUP 2016)
- Bagley, C., “Winning Legally” The Academy of Management Review, Vol. 33, No. 2 (Apr., 2008), pp. 378-390
- Trzaskowski, J. (2021). Your Privacy Is Important to Us! Restoring Human Dignity in Data-driven Marketing. Copenhagen Business School [wp]. CBS LAW Research Paper No.21-10
EU Materials and related articles
- 2001 E-Commerce Directive
- OJ adopted version of the text
- Husovec, M., DeStreel, A. The E-Commerce Directive As The Cornerstone Of The Internal Market: Assessment And Options For Reform, European Parliament, 2020
- Schulte-Nölke, H. et al. The Legal Framework For E-Commerce In The Internal Market, European Parliament 2020.
- 2022 Digital Services Act
- Proposal
- OJ adopted version of the Act
- Impact Assessment
- “Impact of DSA on Business Users”, Policy Report, (Oxera 2020)
- Husovec, M. and Roche-Laguna, I., “Digital Services Act: A Short Primer”, working paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4153796
- 2022 Digital Markets Act
- OJ adopted version of the Act
- “Digital Markets Act: A Revolution Or A Legal Contradiction?”, Renaissance Numerique, April 2021
- Proposed AI Act
- Proposal for a Regulation
- Impact Assessment
- NIS2 Directive
- Proposed Act
Be prepared to discuss:
- your research question(s);
- your theoretical perspective;
- the empirical case(s);
- structure of your paper
- (preliminary) findings, if any
- Difficulties with the Ph.D. process.
Format
The course takes place over 4 days, 9am-4pm, with three sessions each day.
The format is a combination of presentations, facilitated discussion and project presentations.
Course fee
For PhD students from JurForsk institutions or Høgskolen i Sørøst-Norge the course fee will be 1000 DKK which covers food & beverages during the course days and one dinner.
CBS PhD students (incl. Law students) and other students not enrolled at JurForsk institutions or Høgskolen i Sørøst-Norge will be charged the full course fee of 5200 DKK.
Note: In case we receive more registrations for the course than we have seats, CBS PhD students will have first priority. Remaining seats will be filled on a first come first serve.
Registration
https://phdsupport.nemtilmeld.dk/91/ - Registration deadline Saturday 11 May 2024 at 23:55
Select payment methods:
CBS students: Choose CBS PhD students and the course fee will be deducted from your PhD budget.
Students from other Danish universities: Choose Danish Electronic Invoice (EAN). Fill in your EAN number, attention and possible purchase (project) order number. Do you not pay by EAN number please choose Invoice to pay via electronic bank payment (+71).
Students from foreign universities: Choose Payment Card. Are you not able to pay by credit card please choose Invoice International to pay via bank transfer.
Please note that your registration is binding after the registration deadline.
Organizer Contact Information
CBS PhD School
Nina Iversen
Phone: +45 3815 2475
ni.research@cbs.dk