Daily Archives: November 2, 1998

The Treaty of Amsterdam

4 Colum. J. Eur. L. 1 (1998) Philippe Manin. Professor of the University Paris 1 Panthéon-Sorbonne, Jean Monnet Chair, Head of the International and European Department, Chair of an academic study group on the Intergovernmental Conference. While the European Communities have been essentially stable for years, it seems that since the Single European Act of 1985, the pace of modification has increased. After a long period of “Eurosclerosis,” it is safe to say that the European integration process is, despite a certain number of failures, in better shape than before. As part of this integration process, representatives from the fifteen […]

The Economic Constitution of the European Union

4 Colum. J. Eur. L. 27 (1998) Wolf Sauter. Center for European Law and Politics (ZERP), Bremen, and Faculty of Law, University of Groningen. Striking a balance between state and market is problematic for the European Union. This is not surprising, as the EU is a divided power system, where public intervention automatically raises the delicate question of which level of government is competent. The economic orientation of the EU is the subject of a long obscure legal debate, which has, however, increased in relevance with the Single European Act (SEA) and the more recent moves toward economic and monetary […]

On the Right to Freedom of Expression in the European Union

4 Colum. J. Eur. L. 69 (1998) Benjamin L. Apt. B.A., Amherst College, 1982; M.T.S., Harvard Divinity School, 1985; J.D., Boston University School of Law, 1994; M.A. in International Relations, Boston University, 1995. Is there an individual right to free expression in the legal system of the European Union? No, none formally. Neither the Treaty Establishing the European Community (EC Treaty) nor the Treaty on European Union (TEU) explicitly guarantees a subjective right to freedom of opinion or free speech. On occasion, opinions of the European Court of Justice (ECJ, the Court) have discussed free speech. In drawing up such […]

Attorney-Client Privilege for In-House Counsel: A European Proposal

4 Colum. J. Eur. L. 125 (1998) Maurits Dolmans. The author is a partner in the Brussels office of Cleary, Gottlieb, Steen & Hamilton. While the rules of legal privilege have deep roots in the European legal systems, the legislation and case law in Europe on outside and in-house counsel privilege is often much less developed and refined than in the United States. The main reasons are, first, that except the United Kingdom and Ireland, most European countries do not have the adversarial and extensive discovery system that forms the foundation of U.S. litigation. Second, perhaps, lawyers and litigation until […]

In-House Lawyers and Legal Professional Privilege: A Problem Revisited

4 Colum. J. Eur. L. 139 (1998) Jonathan Faull. Director, DG IV, European Commission; Professor of Law, Vrije Universiteit Brussel. With the many challenges facing Community competition policy at the end of the 1990’s, it may seem strange to reconsider the question of legal professional privilege (LPP).’ However, the topic seems to have become controversial again. Perhaps for those who claim to suffer from the situation established by the European Court of Justice in AM&S Europe Ltd. v. Commission, it has never ceased to be controversial. Certainly, lawyers belonging to non-EU bars practicing Community law and some European in-house lawyers […]

Case Law: Case C-1/95. Hellen Gerster v. Freistaat Bayern and Case C-100/95. Brigitte Kording v. Senator für Finanzen (Eur. Ct. J. Oct. 2, 1997).

4 Colum. J. Eur. L. 147 (1998) Petra Foubert. Assistant, Institute for European Law, Katholieke Universiteit Leuven. The author wishes to thank Eva Brems for her remarks. Equal treatment for men and women; Part-time employment; Indirect discrimination. Both cases concern the compatibility of certain provisions of German legislation on public sector employment with the principle of equal treatment for men and women, laid down in Article 119 of the EC Treaty and governed by Directives 75/1171 and 76/207. The Court was asked in particular to rule on the lawfulness of statutory regulations under which the administration takes into account periods […]

Case Law: Leur-Bloem v. Inspecteur der Belastingdienst

4 Colum. J. Eur. L. 155 (1998) Eric F. Hinton. LL.M. Candidate, Faculty of Law, Rijksuniversiteit Leiden. Case C-28/95. Leur-Bloem v. Inspecteur der Belastingdienst/Onderneminger Amsterdam (Eur. Ct. J. July 17, 1997) (not yet reported). Article 177; Jurisdiction of the Court; National legislation adopting Community provisions; Transposition; Council Directive 90/434/EEC; Merger by exchange of shares; Tax evasion or avoidance. Facts and Procedure Mrs. Leur-Bloem (Leur-Bloem) is a citizen of The Netherlands. She is the sole shareholder and director of two private Dutch companies engaged in the business of placing workers in temporary employment positions. It was Leur- Bloem’s objective to obtain […]

Case Law: Euro Tombesi

4 Colum. J. Eur. L. 166 (1998) Geert Van Calster. LL.M., Research Fellow, Institute of Environmental and Energy Law, Collegium Falconis, K. U. Leuven; Recognised Student, University of Oxford; SJ Berwin & Co., London/Brussels. Joined Cases C-304/94, C-330/94, C-342/94, and C-224/95. Criminal Proceedings against Euro Tombesi et al. (Eur. Ct. J. June 25, 1997) (not yet reported). Facts and Procedure The ECJ was asked by an Italian Court to clarify the meaning of “waste” as it may be found in Directive 75/4421 and Regulation 259/93.2 This question arose in criminal proceedings against Italian entrepreneurs, who were prosecuted for failing to […]

Case Law: Vereinigte Familiapress

4 Colum. J. Eur. L. 172 (1998) Elke Ballon. Assistant, Institute for European Economic Law, Katholieke Universiteit Leuven, Advocate. Case C-368/95. Vereinigte Familiapress Zeitungsverlag- und vertriebs GmbH v.Heinrich Bauer Verlag (Eur. Ct. J. June 26, 1997) (not yet reported). Measures having equivalent effect to quantitative restrictions; Distribution of periodicals; Prize competitions; National prohibition Facts and Procedure Heinrich Bauer Verlag, a newspaper publisher established in Germany, publishes the weekly magazine Laura, which it distributes both in Germany and in Austria. The February 22, 1995 issue contained a crossword puzzle. Readers sending in the correct solution were entitled to be entered in […]

Leg. Dev.: Compulsory Labeling of Food Produced From Genetically Modified Soya Beans and Maize

4 Colum. J. Eur. L. 179 (1998) Nyaguthii Chege. On September 19, 1997, the European Commission adopted Regulation 1813/ 97 of September 19, 1997, concerning the compulsory indication on the labeling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112/EEC.t The Regulation requires the labeling of genetically modified soya beans and maize marketed in the European Community. The Commission intended the Regulation to fill the gap left by the Novel Food Regulation, which came into effect on May 15, 1997. The Novel Food Regulation governs the marketing and labeling of novel […]

Book Review: New Xenophobia in Europe. By Bernd Baumgartl & Adrian Favell. The Hague: Kluwer Law International, 1995.

4 Colum. J. Eur. L. 205 (1998) reviewed by Juliet M. Hanna. A tender heart has he, who loves his homeland; strong is he, to whom all lands are home; perfect is he only, to whom the whole world is strange. –Hugh of Saint Victor, 12th Century With this quote Bernd Baumgartl and Adrian Favell lead the reader into New Xenophobia in Europe, a collection of reports on xenophobia in 27 European countries. Researchers at the European University Institute in Florence (the EUI) enlisted the talents of social scientists from each country to provide national perspectives on post-1989 developments in […]