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.