18 Colum. J. Eur. L. 519 (2012) JUDGMENTS OF THE COURT (SECOND CHAMBER) IN CASE C-272/09 P, KME GERMANY, KME FRANCE SAS AND KME ITALY SPA V EUROPEAN COMMISSION, CASE C-386/10 P, CHALKOR AE EPEXERGASIAS METALLON V EUROPEAN COMMISSION AND CASE C-389/10 P, KME GERMANY, KME FRANCE SAS AND KME ITALY SPA V EUROPEAN COMMISSION OF 8 DECEMBER 2011, NYR Pieter Van Cleynenbreugel, Fellow Research Foundation Flanders, Research Unit Economic Law, Faculty of Law, KU Leuven – University of Leuven, Belgium. LL.M. (Harvard University); LL.M., LL.B. (KU Leuven-University of Leuven).
18 Colum. J. Eur. L. 473 (2012) Christopher H. Bovis, JD, MPhil, LLM, FRSA, H.K. Bevan Chair in Law, Professor of European Business Law, University of Hull. European States are changing their role and their responsibilities in the process of delivering public services. Recent developments have shown that public services require state intervention for their provision, organization, and delivery. Public services often emerge and interface in a sui generis marketplace that does not correspond to private markets. This axiom implies the relative inability of anti-trust law and policy to regulate this marketplace, alongside an overwhelming need for safeguarding the principles of transparency and accountability. The aforementioned principles underpin modern EU public sector governance. […]
18 Colum. J. Eur. L. 441 (2012) C.M.A. McCauliff. The economic impulses for a united Europe play a familiar part in the discussion of the origins ofEuropean integration; however, the importance of the Christian Democratic philosophical framework underlying the actions of several of the politicians who served as impetuses for the formation of the European Union is little examined in scholarly literature. For a time, a democratic approach to Aristotelian philosophy as Jacques Maritain formulated it provided some of the consensus that held the Union together. While this is no longer the case, nothing else has replaced this focused commitment. The Union faces much disunity now and has been subject to many […]
18 Colum. J. Eur. L. 415 (2012) Armin Steinbach, civil servant at the German Federal Ministry of Economics (Berlin). The Western Sahara dispute remains prominent today on the agenda of international politics. From a legal perspective, the discussion has focused on Morocco’s alleged violations of public international law, in particular the infringement of the UN Charter. However, the Fisheries Partnership Agreement (FPA) between the EU and Morocco adds an EU dimension to the conflict because it entitles EU fishermen to fish in the waters falling within the sovereignty or jurisdiction of the Kingdom of Morocco including the Western Sahara. In light of the current debate over the renewal of the FPA, this Article explores the possibility […]
18 Colum. J. Eur. L. 369 (2012) Juscelino F. Colares, Professor of Law, Case Western Reserve University School of Law. French High Courts have embraced review of national legislation for conformity with EU law in different stages and following distinct approaches to EU law supremacy. This article tests whether adherence to different views on EU law supremacy has resulted in different levels of EU directive enforcement by the French High Courts. After introducing the complex French systems of statutory, treaty and constitutional review, this study explains how EU-conformity review emerged among these systems and provides an empirical analysis refuting the anecdotal view that different EU supremacy theories produce substantial differences in conformity adjudication outcomes.
18 Colum. J. Eur. L. 339 (2012) Geert De Baere, Assistant Professor of International Law and EU Law at the Faculty of Law and Senior Member at the Leuven Centre for Global Governance Studies, University of Leuven. Eveline Goessens, PhD Candidate, Institute for Insurance Law, University of Leuven.
18 Colum. J. Eur. L. 323 (2012) Marco Sagliocca, LL.M. candidate, Columbia University School of Law (2012); Ph.D candidate in Market Governance, Courts, and Judicial Review, University of Rome Tor Vergata; J.D.,.LUISS Guido Carli University of Rome (2005). Participating Financial Instruments have emerged as a key tool by which Italian joint stock companies raise capital. However, the Italian Civil Code under which Participating Financial Instruments are governed is ambiguous as to the administrative rights PFI holders can be granted. This Article examines whether and within what limits the by-laws of ltalian joint stock companies can actually assign administrative rights (such as voting rights, rights of information and control, and other defensive rights) […]
18 Colum. J. Eur. L. 307 (2012) Anastasios Kaburakis, Assistant Professor of Business Law, Strategic Management, and Sports Business in the Department of Management, John Cook School of Business, Saint Louis University. Johan Lindholm, Doctor of law (LL.D., Umeå University 2007) and a senior lecturer of law at Umeå University in Sweden. Ryan Rodenberg, Assistant Professor of Sports Law Analytics at Florida State University in Tallahassee, Florida, USA, J.D., University of Washington-Seattle, Ph.D., Indiana University-Bloomington.
18 Colum. J. Eur. L. 277 (2012) Boris Rigod, Ph.D. Researcher European University Institute (Florence). This article links recent developments in EU trade politics with the relevant rules governing the formulation of the common commercial policy. Its aim is to explain the domestic law regulating the EU’s current external trade relations. Since 2006 EU trade policy has undergone a major shift from a policy of strict multilateralism towards selective bilateralism. To that end, the EU has launched a “new generation” of free trade agreements (FTAs), which are today its principle means for opening foreign markets. Despite the fact that already many bilateral trade treaties are in place between the EU and third […]
18 Colum. J. Eur. L. 243 (2012) Iñigo Urrutia, Senior Lecturer of Law, Faculty of Economics and Business Studies and Faculty of Law, the University of the Basque Country -UPV/EHU, Bilbao and Leioa, Spain. The principles on which the European internal market is based advocate minimum intervention by the authorities in the economy, as well as the removal of those requirements, obligations, or limits that prevent or hinder economic freedoms. Within this framework, linguistic requirements established at the state or sub-state level could be suspected as impermissibly obstructing the free market within Europe. Even when language policies are set down by means of conceding aid or advantages for the purpose of promoting […]
18 Colum. J. Eur. L. 197 (2012) Alberto Alemanno, Jean Monnet Professor of EU Law & Risk Regulation, HEC Paris. This article analyzes the legal and policy dimensions of the EU’s most far-reaching and already controversial measures presently envisaged by the reform of the EU Tobacco Products Directive standardized packaging and visual display bans of tobacco products. In line with the WHO Framework Convention on Tobacco Control, the former prohibits logos, colors, brand images, and promotional elements on packaging other than brand names displayed in a mandated size, font, and place, whereas the latter forbids the display of tobacco products at points of sale. Although the analysis predominantly focuses on the […]
THE PRIMACY OF THE COMMISSION IN THE EUROPEAN COMPETITION NETWORK AS A SAFEGUARD AGAINST NATIONAL COMPETITION POLICIES AND THE REJECTION OF THE ‘PRIMUS INTER PARES’ DOCTRINE. Marco Amorese, Contract Professor of Competition Law 2010-2012 Universita degli Studi di Bergamo – Ph.D., Universith degli Studi di Brescia, LL.M. Harvard Law School, J.D. University of Milan, Studio legale Amorese.
18 Colum. J. Eur. L. 165 (2011) EUROLEGALISM: THE TRANSFORMATION OF LAW AND REGULATION IN THE EUROPEAN UNION. By R. Daniel Kelemen, Harvard University Press, Cambridge, Mass., 2011. Pp.366. Reviewed by Peter L. Lindseth, Olimpiad S. loffe Professor of International and Comparative Law, University of Connecticut School of Law.
18 Colum. J. Eur. L. 157 (2011) POWER AND LEGITIMACY: RECONCILING EUROPE AND THE NATION-STATE. By Peter L. Lindseth, Oxford University Press, New York, 2010. Pp.339* Reviewed by R. Daniel Kelemen, Jean Monnet Chair, Director of the Center for European Studies and Associate Professor of Political Science at Rutgers University.
18 Colum. J. Eur. L. 135 (2011) Niels Baeten, Researcher, European University Institute (Florence). An earlier version of this Article was presented in the Montesquieu seminar in honor of Professor Aharon Barak, Tilburg University, Oct. 8, 2010.
18 Colum. J. Eur. L. 111 (2011) Hannes Hofmeister, Assistant Professor, University of Innsbruck, Institute for European and International law. For the first decade of its existence,. the Economic and Monetary Union (“EMU”) was a success. Sixteen countries adopted the euro, and many other Member States were eager to follow suit. International confidence in the new currency grew steadily. Today, however, the lingering effects of the global financial crisis, coupled with some Eurozone states’ lax budgetary discipline, have cast a shadow on the future of the Eurozone. A Member State’s withdrawal from the EMU–long considered a taboo-no longer appears to be completely unrealistic. But do the treaties allow withdrawal? To answer […]
18 Colum. J. Eur. L. 55 (2011) Dimitry Kochenov, LL.M. (CEU Budapest), LL.D. (Groningen), Professor of EU Constitutional Law and Fellow of the Graduate School of Law, University of Groningen, Oude Kijk in ‘t Jatstraat 26, 9712 EK, Groningen, The Netherlands. The reach of the law of the European Union is strictly limited It only applies to those situations that fall within its scope. Until very recently, in the case of European Union citizens, in order to fall within this scope, a so-called “cross-border situation” was required-a demonstration that the parties’ situations had a Union dimension and was not confined to one of the Member States. In the wake of a […]
18 Colum. J. Eur. L. 1 (2011) Federico Fabbrini, PhD Researcher, Law Department, European University Institute. BA summa cum laude in European and Transnational Law at the University of Trento School of Law (Italy) (2006); JD summa cum laude in Constitutional Law at the University of Bologna School of Law (Italy) (2008); LLM in European, Comparative and International Law at the Law Department, European University Institute (2009). This Article analyzes the legal regulation of abortion within the context of Europe’s multilevel system for the protection of fundamental rights. The Article examines the constitutional dynamics and challenges that emerge in the field of abortion law from the overlap between national […]
17 Colum. J. Eur. L. 673 (2010) Janek T. Nowak, LL.M, King’s College London; Assistant at the Institute for European Law, University of Leuven.
17 Colum. J. Eur. L. 643 (2010) Hadas Alexandra Jacobi, J.D., Columbia Law School, 2011; Editor-in-Chief, Columbia Journal of European Law, Vol. 17. European rights have gradually come exceedingly closer to national rights with regard to their enforceability. They have also substantially grown in scope from their initial, limited target of economic integration to the political project of building a true European community, enabling the rise of a robust cluster of common European rights. With regard to the use of citizenship as an independent source of rights, the fountainhead may be pinpointed to the recognition of Article 18(1) EC (now Article 21(1) TFEU) as creating an independent right of free movement for all European Union (EU) citizens. […]