18 Colum. J. Eur. L. 277 (2012) Boris Rigod, Ph.D. Researcher European University Institute (Florence). This article links recent developments in EU trade politics with the relevant rules governing the formulation of the common commercial policy. Its aim is to explain the domestic law regulating the EU’s current external trade relations. Since 2006 EU trade policy has undergone a major shift from a policy of strict multilateralism towards selective bilateralism. To that end, the EU has launched a “new generation” of free trade agreements (FTAs), which are today its principle means for opening foreign markets. Despite the fact that already many bilateral trade treaties are in place between the EU and third […]
Print Articles
484 posts
18 Colum. J. Eur. L. 243 (2012) Iñigo Urrutia, Senior Lecturer of Law, Faculty of Economics and Business Studies and Faculty of Law, the University of the Basque Country -UPV/EHU, Bilbao and Leioa, Spain. The principles on which the European internal market is based advocate minimum intervention by the authorities in the economy, as well as the removal of those requirements, obligations, or limits that prevent or hinder economic freedoms. Within this framework, linguistic requirements established at the state or sub-state level could be suspected as impermissibly obstructing the free market within Europe. Even when language policies are set down by means of conceding aid or advantages for the purpose of promoting […]
18 Colum. J. Eur. L. 197 (2012) Alberto Alemanno, Jean Monnet Professor of EU Law & Risk Regulation, HEC Paris. This article analyzes the legal and policy dimensions of the EU’s most far-reaching and already controversial measures presently envisaged by the reform of the EU Tobacco Products Directive standardized packaging and visual display bans of tobacco products. In line with the WHO Framework Convention on Tobacco Control, the former prohibits logos, colors, brand images, and promotional elements on packaging other than brand names displayed in a mandated size, font, and place, whereas the latter forbids the display of tobacco products at points of sale. Although the analysis predominantly focuses on the […]
THE PRIMACY OF THE COMMISSION IN THE EUROPEAN COMPETITION NETWORK AS A SAFEGUARD AGAINST NATIONAL COMPETITION POLICIES AND THE REJECTION OF THE ‘PRIMUS INTER PARES’ DOCTRINE. Marco Amorese, Contract Professor of Competition Law 2010-2012 Universita degli Studi di Bergamo – Ph.D., Universith degli Studi di Brescia, LL.M. Harvard Law School, J.D. University of Milan, Studio legale Amorese.
18 Colum. J. Eur. L. 165 (2011) EUROLEGALISM: THE TRANSFORMATION OF LAW AND REGULATION IN THE EUROPEAN UNION. By R. Daniel Kelemen, Harvard University Press, Cambridge, Mass., 2011. Pp.366. Reviewed by Peter L. Lindseth, Olimpiad S. loffe Professor of International and Comparative Law, University of Connecticut School of Law.
18 Colum. J. Eur. L. 157 (2011) POWER AND LEGITIMACY: RECONCILING EUROPE AND THE NATION-STATE. By Peter L. Lindseth, Oxford University Press, New York, 2010. Pp.339* Reviewed by R. Daniel Kelemen, Jean Monnet Chair, Director of the Center for European Studies and Associate Professor of Political Science at Rutgers University.
18 Colum. J. Eur. L. 135 (2011) Niels Baeten, Researcher, European University Institute (Florence). An earlier version of this Article was presented in the Montesquieu seminar in honor of Professor Aharon Barak, Tilburg University, Oct. 8, 2010.
18 Colum. J. Eur. L. 111 (2011) Hannes Hofmeister, Assistant Professor, University of Innsbruck, Institute for European and International law. For the first decade of its existence,. the Economic and Monetary Union (“EMU”) was a success. Sixteen countries adopted the euro, and many other Member States were eager to follow suit. International confidence in the new currency grew steadily. Today, however, the lingering effects of the global financial crisis, coupled with some Eurozone states’ lax budgetary discipline, have cast a shadow on the future of the Eurozone. A Member State’s withdrawal from the EMU–long considered a taboo-no longer appears to be completely unrealistic. But do the treaties allow withdrawal? To answer […]
18 Colum. J. Eur. L. 55 (2011) Dimitry Kochenov, LL.M. (CEU Budapest), LL.D. (Groningen), Professor of EU Constitutional Law and Fellow of the Graduate School of Law, University of Groningen, Oude Kijk in ‘t Jatstraat 26, 9712 EK, Groningen, The Netherlands. The reach of the law of the European Union is strictly limited It only applies to those situations that fall within its scope. Until very recently, in the case of European Union citizens, in order to fall within this scope, a so-called “cross-border situation” was required-a demonstration that the parties’ situations had a Union dimension and was not confined to one of the Member States. In the wake of a […]
18 Colum. J. Eur. L. 1 (2011) Federico Fabbrini, PhD Researcher, Law Department, European University Institute. BA summa cum laude in European and Transnational Law at the University of Trento School of Law (Italy) (2006); JD summa cum laude in Constitutional Law at the University of Bologna School of Law (Italy) (2008); LLM in European, Comparative and International Law at the Law Department, European University Institute (2009). This Article analyzes the legal regulation of abortion within the context of Europe’s multilevel system for the protection of fundamental rights. The Article examines the constitutional dynamics and challenges that emerge in the field of abortion law from the overlap between national […]
17 Colum. J. Eur. L. 673 (2010) Janek T. Nowak, LL.M, King’s College London; Assistant at the Institute for European Law, University of Leuven.
17 Colum. J. Eur. L. 643 (2010) Hadas Alexandra Jacobi, J.D., Columbia Law School, 2011; Editor-in-Chief, Columbia Journal of European Law, Vol. 17. European rights have gradually come exceedingly closer to national rights with regard to their enforceability. They have also substantially grown in scope from their initial, limited target of economic integration to the political project of building a true European community, enabling the rise of a robust cluster of common European rights. With regard to the use of citizenship as an independent source of rights, the fountainhead may be pinpointed to the recognition of Article 18(1) EC (now Article 21(1) TFEU) as creating an independent right of free movement for all European Union (EU) citizens. […]
17 Colum. J. Eur. L. 601 (2010) Natalie L. St. Cyr Clarke, LL.B, King’s College, London, 2011; J.D., Columbia Law School, 2011. Despite increasing revenues in European football, the overwhelming majority of club finances are in disarray. Many calls have been made for UEFA and national football associations to institute salary caps and other financial restrictions on clubs in order to combat the high levels of debt that many face. This note looks to North American practices, which views sport primarily as a business opportunity, in order to ascertain what profit-maximizing practices can be incorporated/adopted into European football culture. This paper discusses the new Financial Fair Play Regulations and hypothesizes the compatibility […]
17 Colum. J. Eur. L. 557 (2010) Andrew T Hopkins, Notes and Comments Editor, Emory International Law Review; J.D. Candidate, Emory University School of Law (2011). This Article advances the nascent discussion of individuals’ Internet access rights. Scholarship on Internet access rights becomes more necessary as many public services, as well as occupational and educational devices, move into the online realm. This Article provides a full analysis of “three strikes” laws, which provide that an individual may be denied Internet access by a government agency when that individual has been found to engage in online file-sharing without permission. The Article looks specifically at Europe, where France and the U.K. have adopted such laws and […]
17 Colum. J. Eur. L. 477 (2010) Amedeo Arena, Postdoctoral Research Fellow in European Union Law at the University of Naples ‘Federico II’, Ph.D. in International Law (University of Naples ‘Federico II’), LL.M. in International Legal Studies (New York University), LL.M. in European Law (King’s College London). The introduction by the Treaty of Lisbon of a catalogue of competencies into the TFEU eliminated the overlap between the preclusion of national lawmaking powers resulting from the exclusive character of E. U. competences and that attributable to the enactment of E. U. legislation. This opened the door for scholarly investigation of Union Preemption as a general theory of the effects of E. U. legislation […]
17 Colum. J. Eur. L. 447 (2010) Aaron Schwabach, Professor of Law, Thomas Jefferson School of Law; J.D., University of California at Berkeley (Boalt Hall), 1989. In the United Kingdom, and to a lesser extent the United States, an inter vivos gift, once given, cannot be reclaimed by the giver’s heirs. In civil law countries the situation is quite different: Not only spouses, but issue and in some cases even ascendants, are entitled to a forced share of a decedent’s estate – and these forced shares are assessed against a notional “estate” that includes the testator’s inter vivos gifts. If the total of these forced shares exceeds the amount actually […]
17 Colum. J. Eur. L. 395 (2010) Matthew C. Turk, Associate, Sullivan & Cromwell, LLP; J.D., New York University School of Law, 2010. The European debt crisis that started in 2009 has revealed underlying structural problems in the European Monetary Union that threaten the viability of the common currency in its current form. An unraveling of monetary coordination in Europe would mark a significant event of disintegration in the face of a decades long trend of integration that was commonly considered to be an inevitable and self-sustaining process.
17 Colum. J. Eur. L. 375 (2010) Nathan Cambien, Ph. D.; Fellow of the Research Foundation-Flanders, Institute for European law, University of Leuven; Visiting Research Fellow, Columbia Law School.
17 Colum. J. Eur. L. 307 (2010) Nicolas A.J. Croquet, DPhil in Law, University of Oxford; LL.M., Columbia Law School; M.I.A., Columbia University (SIPA); MJUR, University of Oxford. The ECtHR has resorted to an extra-textual interpretation of the ECHR at three different normative phases of human rights reasoning: definition of scope, review of external limits placed on the exercise of rights not subject to a limitation clause, and review of suspension measures in case of public emergency. Whilst the first phase is characterized by the Court’s over-inclusiveness in the protection of human rights standards, the second and third phases reflect, for the most part, the Court’s under-inclusiveness in the protection of human rights standards. […]