11 Colum. J. Eur. L. 557 (2005) Christopher H. Bovis. Professor of Law and Jean Monnet Chair in European and Business Law, Lancashire Law School; Visiting Senior Research Fellow, Institute of Advanced Legal Studies, University of London. In this article the author provides a dissected analysis of the application of state aids acquis and jurisprudence to the transport sectors in the European Union. The purpose of this article is three-fold. First, an attempt will be made to position the concept of public service obligations and the notion of operating aid within the framework of state aids as applied to the […]
Jerald Khoo
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11 Colum. J. Eur. L. 665 (2005) José João Montes Ferreira- Gomnes. Ph.D. candidate at the Universidade Católica Portuguesa and associate of Uría Menéndez (Lisbon). Tyco – and Europe – with Royal Ahold, Skandia Insurance of Sweden and finally Parmalat – have awoken the world to the need for reform of company and financial The financial scandals that swept the United States – such as Enron, WorldCom and law. Studies suggest that the main causes of the debacle in the United States were the increasing incentives for managers to commit fraud and ‘gatekeepers’ to be lenient, together with the evolution […]
11 Colum. J. Eur. L. 705 (2005) Johan Verlinden. Assistant KULeuven. THE FACTUAL BACKGROUND This case concerns the surname borne by children in Belgium to a married couple of mixed nationality who were residents there. The father, Mr Garcia Avello, is a Spanish national, the mother, Mrs Weber, is Belgian, and the children have dual Belgian-Spanish nationality. On registration of their births in Belgium, the children were given, according to Belgian law, the surname borne by their father, Garcia Avello. The children have also been registered with the consular section of the Spanish Embassy in Brussels under the surname Garcia […]
11 Colum. J. Eur. L. 717 (2005) reviewed by Thomas Daemen. Americans are blissfully unaware that a new economic and political power is challenging the country’s global dominance. Or so a group of authors believe. Back in the 1980s the best seller lists were filled with texts detailing Japanese business acumen; today, the alleged threat is Europe. T. R. Reid’s The United States of Europe: the New Superpower and the End of American Supremacy’ is one of several books contending-often with vastly different perspectives and arguments-that the European Union now calls the shots on many global issues. That the recently […]
11 Colum. J. Eur. L. 219 (2005) Kubler, Friedrich. Professor of Law, University of Pennsylvania Law School; Professor Emeritus, University of Frankfurt. I. THE EUROPEAN COMPANY LAW REGIME A. The Basic Model Traditionally, company law on the European continent has been quite different from the structures which have evolved in the U.S. The various national systems differ in many ways, but there appears to exist a common pattern that shows its own distinct features. This pattern appears particularly obvious in Germany; thus I will use the German system as a starting point for my inquiry without always explaining how the […]
11 Colum. J. Eur. L. 241 (2005) Francesca Bignami. Associate Professor, Duke University School of Law. Contemporary democracies are undergoing a radical transformation: public authority is migrating from the national realm to the global arena. The institutions through which we seek to protect ourselves from physical violence, promote economic prosperity, keep the environment clean, and further the other attributes of the good life are now as much global as national. Domestic legislatures, executive branches, courts, and administrative agencies do not decide alone. They are constrained by the decisions of international bureaucrats, they abide by the rules adopted by transnational networks […]
11 Colum. J. Eur. L. 355 (2005) Patrick S. Ryan. Attorney, PSR Law Firm, LLC, Denver, Colorado. INTRODUCTION Governments in both the United States and Europe have been in the process of deregulating telecommunications, thus letting go of the idea that telecommunications monopolies are necessary (in accordance with the defunct pre-1980s belief that the telecommunications industry was a “natural monopoly”). Instead, these governments have embraced modern economic trends, which stipulate that consumers benefit when a market has multiple competitors. In this essay, we will consider whether this deregulation in the wireless market may create anticompetitive situations of “joint dominance” or […]
11 Colum. J. Eur. L. 375 (2005) Amanda M. Witt. Associate at Lord, Bissell & Brook, LLP, studied law at Emory University School of Law (JD, 2000), and received her LLM at the Katholieke Universiteit Leuven (LLM, International Intellectual Property, 2004). The “digital age” has arrived in the music industry. The fact that technical terms such as “peer-to-peer” and “MP3” have become part of the vernacular and software companies such as Napster and KaZaA have become infamous indicate how relevant technology is in today’s music world. The music industry is currently waging a battle against digital music piracy, first initiating […]
11 Colum. J. Eur. L. 465 (2005) Koen Lenaerts. Judge of the European Court of Justice; Professor of European Law, Leuven University (Belgium). THE PAST FIFTY YEARS The perspective of the biggest enlargement in EU history-so far and probably forever-prompted the Member States to reassess the Union’s working and decision- making procedures. The seeds of the Constitution go further back, however, to the aftermath of the Maastricht Treaty and the expressions of hostility or indifference that occurred in the process of its ratification. While Maastricht was supposed to mark a new milestone in European integration through the establishment, at least […]
11 Colum. J. Eur. L. 1 (2004) Damien Geradin. Professor of Law and Director, Institute for European Legal Studies, University of Liege. Professor at the College of Europe and Director of the Global Competition Law Centre (GCLC), Bruges. The creation of a growing number of agencies at the EU level is one of the most significant developments in the administrative structure of the EU. These agencies play a useful role as they allow the Commission to decentralize a number of scientific, technical, or observatory functions to specialized bodies. Yet, the effectiveness of these agencies is hampered by several problems. First, […]
11 Colum. J. Eur. L. 53 (2004) Jeff Kenner. Senior Lecturer in Law, School of Law, University of Nottingham. Visiting Scholar, Center for European Legal Studies, Columbia Law School, New York, Fall Semester, 2004/05. According to the official narrative, a mix of dialogue between management and labor and a policy consensus based on combining ‘market freedom and social balance’ are the hallmarks of the European Union’s approach to employment law.’ What is envisaged is a virtuous circle in which pragmatic and flexible Union employment measures facilitate a ‘gradual convergence’ of social standards that will simultaneously meet the expectations of workers […]
11 Colum. J. Eur. L. 113 (2004) Jeffrey A. Brauch. Dean and Professor of Law, Regent University School of Law, B.A.; University of Wisconsin, 1985; J.D., with honors, University of Chicago, 1988. From each train stepped 1,500 prisoners. Most were Jews; others were gypsies, homosexuals, and political dissidents. 1,200-1,300 faced immediate execution as S.S. doctors examined them and sent them to gas chambers or firing squads. The trains arrived at the death camps from all over Europe from 1942 to 1945. By the end of World War II, six million Jews and nearly that many non-Jews had been executed. Over […]
11 Colum. J. Eur. L. 151 (2004) Dr. Susana Sanz Caballero. Jean Monnet Professor, University Cardenal Herrera-CEU, Spain. The court finds that, though in some fields the de facto relationship of cohabitants is recognized, there still exist differences in legal status and legal effects. Marriage continues to be characterized by a corpus of rights and obligations that differentiate it markedly from the situation of a man and woman who cohabit.
11 Colum. J. Eur. L. 167 (2004) Mathias M Siems. Associate Professor, Riga Graduate School of Law, Latvia; Privatdozent, Heinrich-Heine-University Dusseldorf, Germany, 2004; LL.M., University of Edinburgh, UK, 2001; PhD, Ludwig-Maximilians-University Munich, Germany, 2000. Mergers are becoming topical again. In the first quarter of 2004 the value of mergers and acquisitions rose by 22% in Europe and by 79% world wide.Increasingly, these mergers are cross-border mergers. Yet, in many legal systems cross-border mergers are not explicitly regulated. For the European Union this will soon change. The European Commission proposed a draft Directive on cross-border mergers in November 2003, and since […]
11 Colum. J. Eur. L. 77 (2004) Markus G. Puder. First Legal State Examination, Ludwig-Maximilians University, Munich, Germany; Second Legal State Examination, Munich Upper Court of Appeals; LL.M., Georgetown University Law Center; Ph.D. in Law, Ludwig-Maximilians University. In the summer of 2003 the Convention on the Future of Europe (European Convention), chaired by former French President Valery Giscard d’Estaing, proposed to push the European Union (“EU” or “Union”) towards a re-foundation through the Draft Treaty Establishing a Constitution for Europe (“Convention Draft”). A few weeks later, this document was relayed to an Inter-Governmental Conference (“IGC”), made up of the representatives […]
11 Colum. J. Eur. L. 187 (2004) Patrick S. Ryan. Denver, Colorado. The European Union (EU) does not yet have the U.S. equivalent of Delaware; that is, the EU does not yet have a place where it is fairly common to incorporate, regardless of where business is done. Recently, there has been much debate among European states (and legal scholars) in the corporate law field regarding the possible emergence of a “Delaware of Europe.” Some European countries have overtly fought a trend towards this possibility by passing local laws that make it difficult to establish a branch or subsidiary company […]
11 Colum. J. Eur. L. 203 (2004) Thalia Kruger. Assistant, Institute for Private International Law, Katholieke Universiteit Leuven. This note concerns not a judgment of the European Court of Justice, but an order that it did not have jurisdiction to give a preliminary ruling regarding the Brussels I Regulation. The order is short and does not provide us with any new information on substantive law. However, the order raises the issue of the capacity of courts to pose preliminary questions in matters of private international law. The capacity is not clear, nor has it remained constant throughout the development of […]
11 Colum. J. Eur. L. 207 (2004) Caitlin Friedemann. Growing concerns about terrorism have made national security issues increasingly significant in world affairs. Governments attempting to deal with campaigns of violence and intimidation face the challenge of integrating new, stricter national security goals with existing individual protection laws. Following the September 11″ terrorist attacks, the United States adopted the Aviation and Transportation Security Act1, requiring that airlines flying into the territory of the United States transfer passenger data to U.S. customs and immigration services. However, this kind of international transfer of European passenger data may be inconsistent with EU data […]
11 Colum. J. Eur. L. 413 (2005) Susanna Eneteg. LL.M., 2005, Columbia University law School, Juris kandidat, 2000, Stockholm University Faculty of Law. This note will discuss the way EC labor law has dealt with the “parenting at the workplace dilemma;” in other words, what is the legal situation for a mother and father in the European Community? The focus of this note is the Community’s view of the mother and father in their respective roles as caretakers of children within the framework of labor law. Initially, the discussion will focus on the theories underlying sex equality and parental law. […]