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. […]
17 Colum. J. Eur. L. 601 (2010) Natalie L. St. Cyr Clarke, LL.B, King’s College, London, 2011; J.D., Columbia Law School, 2011. Despite increasing revenues in European football, the overwhelming majority of club finances are in disarray. Many calls have been made for UEFA and national football associations to institute salary caps and other financial restrictions on clubs in order to combat the high levels of debt that many face. This note looks to North American practices, which views sport primarily as a business opportunity, in order to ascertain what profit-maximizing practices can be incorporated/adopted into European football culture. This paper discusses the new Financial Fair Play Regulations and hypothesizes the compatibility […]
17 Colum. J. Eur. L. 557 (2010) Andrew T Hopkins, Notes and Comments Editor, Emory International Law Review; J.D. Candidate, Emory University School of Law (2011). This Article advances the nascent discussion of individuals’ Internet access rights. Scholarship on Internet access rights becomes more necessary as many public services, as well as occupational and educational devices, move into the online realm. This Article provides a full analysis of “three strikes” laws, which provide that an individual may be denied Internet access by a government agency when that individual has been found to engage in online file-sharing without permission. The Article looks specifically at Europe, where France and the U.K. have adopted such laws and […]
17 Colum. J. Eur. L. 477 (2010) Amedeo Arena, Postdoctoral Research Fellow in European Union Law at the University of Naples ‘Federico II’, Ph.D. in International Law (University of Naples ‘Federico II’), LL.M. in International Legal Studies (New York University), LL.M. in European Law (King’s College London). The introduction by the Treaty of Lisbon of a catalogue of competencies into the TFEU eliminated the overlap between the preclusion of national lawmaking powers resulting from the exclusive character of E. U. competences and that attributable to the enactment of E. U. legislation. This opened the door for scholarly investigation of Union Preemption as a general theory of the effects of E. U. legislation […]
17 Colum. J. Eur. L. 447 (2010) Aaron Schwabach, Professor of Law, Thomas Jefferson School of Law; J.D., University of California at Berkeley (Boalt Hall), 1989. In the United Kingdom, and to a lesser extent the United States, an inter vivos gift, once given, cannot be reclaimed by the giver’s heirs. In civil law countries the situation is quite different: Not only spouses, but issue and in some cases even ascendants, are entitled to a forced share of a decedent’s estate – and these forced shares are assessed against a notional “estate” that includes the testator’s inter vivos gifts. If the total of these forced shares exceeds the amount actually […]
17 Colum. J. Eur. L. 395 (2010) Matthew C. Turk, Associate, Sullivan & Cromwell, LLP; J.D., New York University School of Law, 2010. The European debt crisis that started in 2009 has revealed underlying structural problems in the European Monetary Union that threaten the viability of the common currency in its current form. An unraveling of monetary coordination in Europe would mark a significant event of disintegration in the face of a decades long trend of integration that was commonly considered to be an inevitable and self-sustaining process.