11 Colum. J. Eur. L. 413 (2005) Susanna Eneteg. LL.M., 2005, Columbia University law School, Juris kandidat, 2000, Stockholm University Faculty of Law. This note will discuss the way EC labor law has dealt with the “parenting at the workplace dilemma;” in other words, what is the legal situation for a mother and father in the European Community? The focus of this note is the Community’s view of the mother and father in their respective roles as caretakers of children within the framework of labor law. Initially, the discussion will focus on the theories underlying sex equality and parental law. […]

11 Colum. J. Eur. L. 437 (2005) Silke Brammer. Researcher, Katholieke Universiteit Leuven. This case concerns two appeals lodged by the Commission and the Bundesverband der Arzneimittel-lmporteure e.V. (“BAr’) against the judgment of the Court of First Instance (CFI) of 26 October 2000 in case T-41/96 Bayer v. Commission’ by which the CFI had annulled the ADALAT decision of the Commission. The latter had fined Bayer for infringement of Article 81 EC.’ The European Court of Justice (ECJ) upheld the judgment of the CFI. This ruling is of particular relevance as it confirms the clarifications of the term ‘agreement’ within […]

11 Colum. J. Eur. L. 451 (2005) Un’ Europa cristiana – Un saggio esplorativo.Milano: Biblioteca Universale Rizzoli, 2003. Pp 208. Eric Stein. Hessel E. Yntema Professor of Law, Emeritus, University of Michigan Law School. Europeans delight in historical controversies with current political implications-angry, often personal, and quickly forgotten. The “Historikerstreit” (the quarrel of historians) of the 1980s about the proper place of the Holocaust in German history is one example. Although the debate over the inclusion of a reference to the Christian heritage of Europe in the Preamble to the new Constitution for Europe has some of the earmarks of such a […]

10 Colum. J. Eur. L. 585 (2004) Victoria V. Koroteyeva. This book is the result of symposia on security services in nine European countries and Canada held in Gothenburg, Sweden. The chapters describe each country’s security apparatus, its budget and personnel, the mandate and powers conferred on it by legislation or executive orders, and consider the often uneasy relationship between the activities of national security services, and democratic control and human rights. The authors concentrate on internal security rather than military intelligence or foreign espionage, because it is in domestic policies that the tension between democracy and secret state activities […]

10 Colum. J. Eur. L. 577 (2004) Michael F. Maltese, Centre for Socio-Legal Studies, Wolfson College, Oxford University. At the most fundamental level, the current academic debate on the status of European Union (EU) citizenship can be distilled to a matter of preferential access to limited state resources. That is, citizens of Member States are provided a wide range of rights, from free movement to employment concessions, from minimum subsistence benefits to a host of civil protections. In fact, Article B of Title 1 of the Maastricht Treaty, signed in February 1992, offers as one of its objectives, “to strengthen […]

10 Colum. J. Eur. L. 561 (2004) David Kanarek, J.D., 2004, Columbia University Law School; M.B.A., 2001, Rutgers Graduate School of Management; B.A. summa curn laude, 2000, Rutgers College. Susan Collier, J.D. Candidate, 2005, Columbia University Law School; B.A., 1999, University of California, Berkeley. Unlike the United States, Europe has no uniform penalties for securities violations. Traditionally, European securities regulations were much less stringent than those in the United States. Practices condemned in the United States, such as insider trading, were considered an ordinary part of business in Europe and integral to promoting competition in European countries. As markets have […]

10 Colum. J. Eur. L. 549 (2004) Angelina Tchorbadjiyska, PhD candidate at the Institute for European Law at K.U. Leuven, supported by the Research Council of KUL. On February 11, 2003, the European Court of Justice (“ECJ”) gave its first ruling on the interpretation of the Convention implementing the Schengen Agreement (“CISA”). It was also the first time the ECJ used its jurisdiction under Article 35 of the Treaty on European Union to answer preliminary questions referred to it by national jurisdictions on issues related to justice and home affairs and in particular to criminal matters. The judgment was rendered […]

10 Colum. J. Eur. L. 527 (2004) John J.A. Burke, Associate Professor, Riga Graduate School of Law, Latvia. This article investigates a single multi-faceted question: is a “financial service,” such as a bank loan, extension of credit or sale of securities, a “service” within the meaning of the Brussels I Regulation (EC) No 44/2001 (“Regulation”), Article 5(l)(b) second indent, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters? The answer to that single question matters for conflicts law and the international banking  system. The creation of the internal market is designed to augment cross-border financial […]

10 Colum. J. Eur. L. 491 (2004) Sébastien J. Evrard, Associate in antitrust and government regulation areas, Jones Day, Burssels. This article analyzes the “essential facilities doctrine,” under EC law, as it stands six years after the Court of Justice of the European Communities’ decision in Bronner and subsequent cases. The essential facilities doctrine imposes on owners of essential facilities a duty to deal with competitors. The doctrine was first developed in the United States. Its roots originate in the Terminal Railroad Combination case of 1912. Under EC law, the development of the essential facilities doctrine has been based on […]

10 Colum. J. Eur. L. 445 (2004) Craig T. Smith, Associate Professor, Vanderbilt University Law School. Thomas Fetzer, University of Mannheim Law School, Germany. “The relation between European legal integration and the fundamental principles and values of the constitutions of the Member States is farfrom settled.” “[T]he threat European law creates to basic rights protection” has long been a worm within the blossom of European integration. Courts in various Member States of the European Community (EC) have warned about this threat. In response, the European Court of Justice (ECJ) has strengthened the role of fundamental rights in Community law. The […]

10 Colum. J. Eur. L. 419 (2004) Christopher Bovis, Professor of Law and Jean Monnet Chair in European and Business Law, Lancashire Law School; Visiting Senior Research Fellow, Institute of Advanced Legal Studies, University of London. Recent developments in jurisprudence at the European Community level have revealed the pivotal position of public procurement in the process of determining the parameters under which public subsidies and state financing of public services constitute state aid. In the center of the debate regarding the relation between subsidies and public services, public procurement has emerged as an essential component of state aid regulation. The […]

10 Colum. J. Eur. L. 415 (2004) Aaron Page. Much recent attention has been paid to the European Union’s drafting of a formal constitution. Legal scholars have scrutinized the proposed provisions and political pundits have postulated as to ability of a formal constitution to modify and/or expand the collective conception of Europe. As a result, Between Competition and Free Movement: Economic Constitutional Law of the European Community, by Julio Baquero Cruz, reads with a touch of irony. Cruz forcefully contends that the European Union already has a constitution – even if it is not of the type that most Americans […]

10 Colum. J. Eur. L. 411 (2004) Blaine Evanson. In The Law of the European Central Bank, Chiara Zilioli and Martin Selmayr attempt to explain and emphasize what they call the sui generis nature of the European Central Bank (ECB) and its interaction with the national central banks(NCBs) within the European System of Central Banks (ESCB). Much of the book details the background of the European Union and its pillars as established by the EC treaty; the authors explain the authority structure both inside the ECB and its relation to other EC entities. Ultimately, the overarching theme is that the […]

10 Colum. J. Eur. L. 405 (2004) Blaine Evanson. The purpose of the new ECB Regulation on minimum reserves is to amend current reserve legislation by delineating specific procedures for the calculation and maintenance of minimum reserves. The new legislation is an attempt to decrease uncertainty about the maintenance period for reserve calculation, while maintaining the provisions for stabilizing money market interest rates and enlarging structural liquidity shortages in the banking system. This Regulation, therefore, replaces past Regulations and amendments, bringing previous legislation together in a single text.

10 Colum. J. Eur. L. 393 (2004) Patrick S. Ryan, Katholieke Universiteit Leuven, Interdisciplinair Centrum voor Recht en Informatica (ICRI), Leuven, Belgium. In 1994, the European Union passed a law establishing the Office for Harmonization in the Internal Market (OHIM), whose task is to register trademarks and designs at the Community level, called a Community Trademark. Wm. Wrigley Jr. Company, (Wrigley) a U.S. corporation, has registered its chewing gum brand DOUBLEMINT in almost all European countries, and many other locations, including, of course, the United States. Most of its registrations have been made on a country-by-country basis since the early […]

10 Colum. J. Eur. L. 385 (2004) Johan Verlinden, Assistant at the Institute for International Trade Law, Katholieke Universiteit Leuven, Belgium. This judgment of the European Court of Justice (ECJ) came as a response to preliminary questions posed by the “Hoge Raad” (Supreme Court) of the Netherlands. At issue was the interpretation of Article I of the European Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial matters.  The Convention determines which court has jurisdiction over a case with linkages to several national legal systems within the EU. The Convention applies if the defendant is domiciled in a Member […]

10 Colum. J. Eur. L. 379 (2004) Andrea Ott, Lecturer in European Law, Maastricht University, The Netherlands. Exactly ten years passed between the conclusion of the first Europe Agreements in 1991 and the first judgments on the Europe Agreements by the European Court of Justice (ECJ) in 2001. The Europe Agreements have prepared the central and eastern European countries Hungary, Poland, Czech Republic, Slovak Republic, Slovenia, Estonia, Latvia, Lithuania, Romania and Bulgaria for accession and established a free trade area. EU and CEEC (central eastern European countries) citizens had certain mutual rights in this free trade area, which was further […]

10 Colum. J. Eur. L. 339 (2004) Volker Röben, Dr. jur., LLM, College of Europe, Bruges, Belgium; LLM, UC Berkeley; Senior Research Fellow Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany. Europe finds itself in the midst of the first self-conscious attempt to reflect on the public authority that has been created over fifty years of the European integration. The ‘Declaration on the future of the Union,’ adopted by the European Council meeting in Nice in 2000, has set in motion a process, to be completed by the end of 2004, of defining the political status […]

10 Colum. J. Eur. L. 297 (2004) Agustin José Menéndez, Ramón y Cajal Researcher, Departamento de Derecho Público, Universidad de León, Cidel-fellow, ARENA, Universitetet i Oslo. The tax ought to be uniform; because the present constitution was particularly intended to affect individuals, and not states, except in particular cases specified Je préfere la réalité d’un souveraineté partagée à l’illusion d’une souveraineté nationale tournant à vide This paper considers the need for granting the European Union a genuine power to tax. The argument is developed in several steps. First, it is shown that the granting of such a power to tax […]

10 Colum. J. Eur. L. 265 (2004) Estelle Derclaye, Lecturer in Intellectual Property Law, Queen Mary Intellectual Property Research Institute, University of London. The article compares the British unregistered design right (“UDR”) and the new Community Unregistered Design Right (“CUDR”). The conclusion draws on the lessons learned from this analysis to evaluate whether CUDR will erase UDR from the legal landscape and whether UDR case law will influence future Community design case law.