10 Colum. J. Eur. L. 1 (2003) George A. Bermann, Walter Gellhorn Professor of Law, Jean Monnet Professor of European Union Law and Director of European Legal Studies at Columbia University School of Law. Ten years ago, when the Columbia Journal of European Law began, the European Union was, as we tend to say, “in a different place” than it is today. The “internal market” or, as it was called, the “1992” program had very largely been achieved, validating the institutional changes wrought by the Single European Act and boosting incalculably the Community’s credibility as a regional economic entity and […]
Daily Archives: November 1, 2003
9 posts
10 Colum. J. Eur. L. 5 (2003) Ingolf Pernice, Berlin – Prof Dr. jur., Managing Director of the Walter Hallstein-Institut for European Constitutional Law at the Humboldt-University of Berlin. The solemn proclamation of the Charter of Fundamental Rights of the European Union (CFR or the Charter) by the Council, the European Parliament and the Commission on December 7, 2000 has been welcomed and broadly considered a major advance in the constitutional process of the European Union. The Declaration of Laeken on the Future of the European Union of December 15, 2001 (Laeken Declaration) now poses the question ‘whether the Charter […]
10 Colum. J. Eur. L. 69 (2003) Panos Koutrakos, Reader in European Law, University of Birmingham, United Kingdom. This is the way the world ends This is the way the world ends This is the way the world ends Not with a bang but a whimper. T. S. Eliot, The Hollow Men (1925) The European Union is at a crossroads. On April 16, 2003, the Treaty of Accession of ten new Member States was signed at the Athens Informal European Council. As of May 1, 2004, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak Republic and […]
10 Colum. J. Eur. L. 97 (2003) Prof. Dr. Geert van Calster, Collegium Falconis, K.U.Leuven; Member of the Brussels Bar, DLA Caestecker. The European Court of Justice (the “Court” or the “ECJ”) has recently issued three judgments in three cases with a considerable impact on the waste sector. The cases concerned are Commission v. Germany of 13 February 2003, Commission v. Luxembourg of 13 February 2003 and SITA EcoService Nederland B V (previously Verol Recycling Limburg) v. Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer of 3 April 2003. 1. CORE ELEMENTS OF THE LEGISLATION INVOLVED Firstly, Council Directive 91/156/EEC of […]
10 Colum. J. Eur. L. 105 (2003) Jurian Langer. M.A. (Groningen) LL.M (London), M.LE (Hamburg/Rotterdam), Ph.D. researcher at the European University Institute, Florence, Italy. Oligopolies are markets where only a few large suppliers, none of which are individually dominant, account for most of the supplies. Oligopolies can be highly competitive. Under certain circumstances, however, these markets are prone to little or no competition. The danger exists that, due to the characteristics of the market, the level of market prices and output will be similar to those that a monopolist would impose. Since Article 81 TEC and Article 82 TEC are […]
10 Colum. J. Eur. L. 117 (2003) Luca Cerioni.P.hD researcher, University of Essex, and business consultant. In recent decades, companies wishing to expand within the European Community have been finding an ever changing legal environment. The rulings of the EC Court of Justice, as well as EC directives or regulations, have played an important role in shaping this new environment. In particular, the EC Court of Justice’s latest ruling on companies’ freedom of primary establishment, the Überseering ruling,’ is bound to generate more far-reaching effects-on companies’ expansion and movement strategies throughout the EC-than any previous ruling in that area. From […]
10 Colum. J. Eur. L. 137 (2003) An Hertogen.lawyer at the Brussels Bar (Linklaters) and assistant at the Institute for European Law, Katholieke Universiteit Leaven, Belgium, during the 2002-2003 academic year. LL.M Candidate 2004, Columbia Law School, New York. According to article 85 EC, the European Commission (hereafter”Commission”) has to “ensure application of the principles laid down in articles 81and 82 EC”; the two basic provisions of EC antitrust law prohibiting respectively restrictive agreements and the abuse of a dominant position. To enforce these provisions, the Commission can, if certain conditions are met, conduct investigations at the premises of an […]
10 Colum. J. Eur. L. 153 (2003) Sebastian Grimm. The European Commission published a new proposal on July 29, 2003 (the Proposal) regarding the amendment of the EC Parent-Subsidiary Directive (the Directive) replacing an earlier 1993 proposal. The objective of the Directive is to exempt dividends and other profit distributions paid by subsidiary companies to their parent company from withholding taxes and to eliminate double taxation of such income at the level of the parent company. A basic concern of companies operating within the Internal Market is the flow of properly taxed income between associated companies, that is, companies in […]
10 Colum. J. Eur. L. 157 (2003) Martin A. Rogoff, Professor of Law, University of Maine School of Law Since its inception in 1958, the legal and political accomplishments of the Fifth Republic have been substantial. The deep social and political cleavages of the Revolution of 1789 that plagued French political life throughout the nineteenth century and well into the twentieth, have finally been replaced by a more cohesive body politic and less confrontational politics. Since 1981, leftist governments have alternated in power with rightist governments. During much of that time, a President of one political persuasion has shared power […]