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.
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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. […]
17 Colum. J. Eur. L. 263 (2010) Sharon Pardo, Jean Monnet, Chair in European Studies at the Department of Politics and Government and the Director of the Centre for the Study of European Politics and Society, Ben-Gurion University of the Negev. Lior Zemer, Lecturer in Law, Interdisciplinary Centre Herzliya and Visiting Associate Professor, Boston University School of Law. Transnational economic integration has long been one of the preferred ways in which powerful global players signal their political and economic strength to potential trade partners. A main goal of the European Union in becoming an influential political and economic elite is expanding its transnational relations. The Mediterranean region receives special attention in this process. […]
17 Colum. J. Eur. L. 231 (2010) Aurdlian Portuese, University of Paris II Panthéon-Assas. The principle of subsidiarity-whereby a power shared between the European Union and its Member States is exercised at the lowest appropriate level of governance-is a general principle of European Union law the justiciability of which has been widely discussed. The justiciability of the subsidiarity principle has been criticized for underlining its political relevance. However, this critique lacks the power to explain both the weight of the principle of subsidiarity in the E. U. Treaties and the case law regarding the subsidiarity principle. What is the principle of subsidiarity and what degree of justiciability does it have?
17 Colum. J. Eur. L. 151 (2010) Bart M.J. Szewczyk, Senior Associate at Wilmer Cutler Pickering Hale & Dorr LLP in Washington, D.C., adjunct professor of international law at George Washington University Law School, Member of the Executive Council at the American Society of International Law, fellow at the Truman National Security Project, member of the European Society of International Law, and stylistic editor of the Polish Yearbook of International Law. The European Union, established with the Treaty of Maastricht and expanded through three subsequent treaties, has been granted new powers across extensive policy areas. Most importantly, the consolidation of Qualified Majority Voting (“QMV”) in the Council of Ministers as […]
17 Colum. J. Eur. L. 129 (2010) Toon Moonen, Fellow of the Research Foundation – Flanders (FWO), Belgium at the Centre for Government and Law, Hasselt University.