Volume 14, Issue 1


TWILIGHT OF THE IDOLS? EU INTERNET PRIVACY AND THE POST ENLIGHTENMENT PARADIGM

14 Colum. J. Eur. L. 1 (2007 – 2008) Mark F. Kightlinger, Assistant Professor, University of Kentucky College of Law; Partner, Covington & Burling 1999- 2004; J.D., Yale Law School, 1988; Ph.D., Yale University, 1991; B.A./M.A., Cambridge University, 1983/1995; B.A., Williams College, 1981. This Article provides a timely examination of the European Union’s approach to information privacy on the internet, an approach that some legal scholars have held up as a model for law reform in the United States. Building on the author’s recent piece discussing the U.S. approach to internet privacy, this Article applies to the EU’s internet privacy […]


DOUBLE TAXATION: A EUROPEAN “SWITCH IN TIME?”

14 Colum. J. Eur. L. 63 (2007 – 2008) Georg W. Kofler, Acting Assistant Professor of Tax Law, New York University School of Law. Ruth Mason, Associate Professor of Law and Nancy & Bill Trachsel Corporate Law Scholar, University of Connecticut School of Law. This article considers whether the fundamental freedoms of the EC Treaty encompass an absolute requirement for the Member States to mitigate juridical double taxation, and it concludes that such a requirement could reasonably be inferred from the goals of the fundamental freedoms and the European Court of Justice’s “double burden” jurisprudence. Notwithstanding the reasonableness of that […]


NATIONAL IDENTITY AND IMMIGRATION POLICY IN THE U.S. AND THE EUROPEAN UNION

14 Colum. J. Eur. L. 99 (2007 – 2008) Lauren Gilbert, Associate Professor of Law, St. Thomas University School of Law; J.D., University of Michigan Law School, 1988; B.A., Harvard University, 1983. This article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part II discusses different integration models and experiences in the U.S. and the European Union. Part III then […]


THE EC COMMISSION’S NEW ADOPTED BABY: HEALTH CARE

14 Colum. J. Eur. L. 145 (2007 – 2008) Clemens Rieder, PhD Candidate and Teaching Assistant, University of Reading. This article looks into the emerging field of health care rights in the EU. The developments in this area seem to have come to a turning point. The EU Commission now wants to consolidate the case law of the European Court of Justice that has had a major impact upon this field of law. In order to provide a contribution to this discussion, this article highlights the shortcomings in the Court’s case law and the aspects which have to be addressed […]


CASE C-303/05, ADVOCATEN VOOR DE WERELD VZW V. LEDEN VAN DE MINISTERRAAD

14 Colum. J. Eur. L. 169 (2007 – 2008) Christine Janssens, Ph.D candidate, Fund for the Scientific Research Flanders, University of Antwerp. The author would like to thank Tim Corthaut for the useful thoughts and comments he expressed on a previous draft. Any error or omission is, of course, entirely due to the author. On May 3, 2007, the European Court of Justice (hereinafter “ECJ”) handed down its long-awaited judgment on the European Arrest Warrant (hereinafter “EAW”). Expectations ran high, as the validity of the Union’s pioneering instrument on extradition was at stake. The Framework Decision on the EAW (hereinafter […]


THE STATUTE OF THE EUROPEAN COOPERATIVE SOCIETY

14 Colum. J. Eur. L. 189 (2007 – 2008) Apostolos Ioakimidis, Principal Administrator, Commission of European Community; member of the Athens Bar Association. This Legislative Development reflects the author’s personal views and does not bind his Institution. By August 2006, three years after the Council of Ministers’ (Council’s) adoption of the Statute for a European Cooperative Society, which enabled the creation of the European Cooperative Society (SCE), Member States of the European Community should have commenced implementation of appropriate internal legislation allowing the creation of the new European form of enterprise. However, as of October 2007-namely more than one year […]