Daily Archives: February 1, 2002

Counterfeiting the Single European Currency (Euro): Towards the Federalization of Enforcement in the European Union?

8 Colum. J. Eur. L. 151 (2002) J.A.E. Vervaele. Professor in economic and financial criminal law, Law Faculty, Utrecht University and Professor at the College of Europe/Bruges. A SINGLE EUROPEAN CURRENCY AND ENFORCEMENT IN THE EU The introduction of the single European currency (euro) is a crucial landmark in the history of European integration. Indeed, as of January 1, 1999, the euro unit and the national currency units have become units of the same currency; the euro countries have ceased to have monetary jurisdiction and have become dependent on the measures ordered by the European Central Bank (ECB). On January […]

“Integrating” Non-EU Migrants in the European Union: Ambivalent Legacies and Mutating Paradigms

8 Colum. J. Eur. L. 181 (2002) Theodora Kostakopoulou. Senior Lecturer in European Law and European Integration, Manchester School of Law, University of Manchester. One of the most important challenges facing democratic polities concerns the relationship between the constitutional commitment to civic equality, on the one hand, and the public recognition of “difference,” on the other. Democratic theory cannot ignore the “politics of recognition” of cultural, national, ethnic, religious, racial, gender, sexual and other identities, even though the latter appears to call into question the traditional conception of democratic society as a bounded polity based on the ideal of universal and […]

The Third Pillar Treaty Provisions on Police Cooperation: Has the EU Bitten off More Than It Can Chew?

8 Colum. J. Eur. L. 203 (2002) Stephen Skinner. Ph.D, European University Institute, Florence (Italy); Lecturer in Law, University of Warwick (UK). The treaty provisions for cooperation among the Member States of the European Union (EU) on policing are a clear illustration of the tension at the heart of EU integration and may be indicative of its limits. On the one hand, Member States perceive a growing threat from crimes as diverse as drug trafficking, terrorism and art theft, for example, in an EU without internal frontiers. This, they consider, requires a cooperative and coordinated policing response and stems from […]

The Regulation of Cross-Border Financial Services in the EU Internal Market

8 Colum. J. Eur. L. 221 (2002) Andrea M. Corcoran and Terry L. Hart. Andrea M. Corcoran is Director of, and Terry L. Hart is a Senior Counsel in, the Office of International Affairs of the United States Commodity Futures Trading Commission. Recent news from Europe, as reported in the world’s business dailies, might suggest that competitive forces are undermining European initiatives in the field of financial services and markets. Mergers or alliances between firms and markets announced with great fanfare are as often abandoned as completed. These developments might suggest that, in the area of financial services and markets, […]

Case Law: Joined Cases C-240/98 to C-244/98 Océano Grupo Editorial SA v. Rocío Murciano Quintero and Salvat Editore SA v. José M. Sànchezalconpradesetal., 27 June 2000, [2000] ECR 1-4941, Case C-215/97 Barbara Bellone v Yokohama SPA, 29 January 1998, [1998] ECR 1-2191, Case C-456/98 Centrosteel SRL v. Adipol GmbH, 13 July 2000, [2000] ECR 1-6007.

8 Colum. J. Eur. L. 293 (2002) Tim Corthaut. Assistant, Institute for European Law, KU Leuven. The ECJ has still not granted horizontal direct effect to directives. The following analysis of the recent cases of Océano,i Bellone and Centrosteel will try to shed some light on several difficulties that arise when judges nonetheless try to give some effect to a directive, which has not been transposed in a timely manner, governing the relation between individuals. I. JOINED CASES C-240/98 TO C-244/98 OCÉANO GRUPO EDITORIAL SA V. ROCÍO MURCIANO QUINTERO AND SALVAT EDITORE SA V. JOSÉ M.SÀNCHEZ ALCON PRADES ET AL. […]

Leg. Dev.: Directive 2001/77/EC on the Promotion of Electricity Produced From Renewable Energy Sources in the Internal Electricity Market

8 Colum. J. Eur. L. 363 (2002) Ernst Tremmel. Directive 2001/77/EC on the promotion of electricity produced from renewable energy sources in the electricity market is a further step towards the establishment of a competitive electricity market and is also an important contribution to environmental protection and sustainable development in the European Union (EU). Renewable energy sources (“RES”) within the meaning of the Renewables Directive are defined by its Article 2(a) as those “renewable non-fossil energy sources (wind, solar, geothermal, wave, tidal, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases). The initial step for the liberalization of the […]

Case Law: C-478/98. Commission of the European Communities v. Kingdom of Belgium (ECJ 26 Sept. 2000)

8 Colum. J. Eur. L. 311 (2002) Tom Van Dyck. LL.M. Assistant, Institute for European Economic Law, Katholieke Universiteit Leuven; Attorney, Brussels. The author would like to thank Prof. Jules Stuyck for his valuable comments. Free movement of capital: Integration of European financial markets; Eurobond loans issued abroad; Sale restrictions; Withholding tax FACTS AND PROCEDURE In 1994, The Kingdom of Belgium (“Belgium”) made a DEM I billion (EUR 511,290,000) issue of bonds on the eurobond market, which accordingly was underwritten by an international syndicate of banks and financial institutions. The issue was conditioned, however, on a remarkable sale restriction, which […]

European Company Law After Centros: Is the EU on the Road to Delaware?

8 Colum. J. Eur. L. 323 (2002) Catherine Holst. J.D. Candidate, Columbia University School of Law, Class of 2002. In 1999 the European Court of Justice (the “ECJ”) handed down its decision in the now famous case of Centros Ltd v. Erhvervs- og Selskabsstyrelsen. The case concerned the ability of two Danish nationals to incorporate their company in the UK without carrying out any business there for the purpose of operating their company in Denmark through a “branch,” all the while skirting Danish rules on minimum capitalization. Despite the Danish government’s protestations that this constituted blatant fraud and endangered creditors, […]

Article 53: Undermining the Impact of the Charter of Fundamental Rights

8 Colum. J. Eur. L. 342 (2002) Anne-Marieke Widmann. J.D. Candidate, Columbia University School of Law, Class of 2002. “The solemn declaration of such a charter, whatever its provisional or its final legal status, might be part of an ongoing process that has the potential to transform substantially the Union and its legal order.” ABSTRACT: Article 53 of the Charter of Fundamental Rights constitutes a “savings clause” common to human rights treaties. The article ensures that the Charter will not restrict already recognized protections. Although such clauses have proven functional for traditional international organizations, Article 53 fails to address the […]

Leg. Dev.: European Council Directive 2001/55/EC: Toward a Common European Asylum System

8 Colum. J. Eur. L. 359 (2002) Scott Reynolds. On July 20, 2001, the Council of the European Union (“the Council”) issued Directive 2001/55/EC (“the Directive”), as part of the foundation necessary for a common European asylum system. The Directive sets minimum standards for the temporary protection of displaced persons in the event of a mass movement of such persons to Member States. It also adopts measures that promote balance between Member States in receiving such persons and bearing the consequences thereof. NECESSITY Article 63(2) of the Amsterdam Treaty, which entered force on May 1, 1999, required the Council to […]

Book Review: Trade, Foreign Policy and Defence in EU Constitutional Law by Panos Koutrakos. Oxford: Hart (2001). 243 Pages.

8 Colum. J. Eur. L. 367 (2002) reviewed by Jason Casey. Panos Koutrakos’ Trade, Foreign Policy and Defence in EU Constitutional Law addresses institutional concerns raised by actions taken under Title V provisions of the Treaty on European Union (TEU) establishing the Common Foreign and Security Policy (CFSP). The book is based on Mr. Koutrakos’ doctoral thesis and functions as a useful overview of the trade aspects of foreign and defense policy and their functioning within the legal framework of the European Union (EU). The analysis centers on the relationship between the pre-existing structures of the European Community and the […]