10 Colum. J. Eur. L. 585 (2004) Victoria V. Koroteyeva. This book is the result of symposia on security services in nine European countries and Canada held in Gothenburg, Sweden. The chapters describe each country’s security apparatus, its budget and personnel, the mandate and powers conferred on it by legislation or executive orders, and consider the often uneasy relationship between the activities of national security services, and democratic control and human rights. The authors concentrate on internal security rather than military intelligence or foreign espionage, because it is in domestic policies that the tension between democracy and secret state activities […]
Volume 10, Issue 3
8 posts
10 Colum. J. Eur. L. 577 (2004) Michael F. Maltese, Centre for Socio-Legal Studies, Wolfson College, Oxford University. At the most fundamental level, the current academic debate on the status of European Union (EU) citizenship can be distilled to a matter of preferential access to limited state resources. That is, citizens of Member States are provided a wide range of rights, from free movement to employment concessions, from minimum subsistence benefits to a host of civil protections. In fact, Article B of Title 1 of the Maastricht Treaty, signed in February 1992, offers as one of its objectives, “to strengthen […]
10 Colum. J. Eur. L. 561 (2004) David Kanarek, J.D., 2004, Columbia University Law School; M.B.A., 2001, Rutgers Graduate School of Management; B.A. summa curn laude, 2000, Rutgers College. Susan Collier, J.D. Candidate, 2005, Columbia University Law School; B.A., 1999, University of California, Berkeley. Unlike the United States, Europe has no uniform penalties for securities violations. Traditionally, European securities regulations were much less stringent than those in the United States. Practices condemned in the United States, such as insider trading, were considered an ordinary part of business in Europe and integral to promoting competition in European countries. As markets have […]
10 Colum. J. Eur. L. 549 (2004) Angelina Tchorbadjiyska, PhD candidate at the Institute for European Law at K.U. Leuven, supported by the Research Council of KUL. On February 11, 2003, the European Court of Justice (“ECJ”) gave its first ruling on the interpretation of the Convention implementing the Schengen Agreement (“CISA”). It was also the first time the ECJ used its jurisdiction under Article 35 of the Treaty on European Union to answer preliminary questions referred to it by national jurisdictions on issues related to justice and home affairs and in particular to criminal matters. The judgment was rendered […]
10 Colum. J. Eur. L. 527 (2004) John J.A. Burke, Associate Professor, Riga Graduate School of Law, Latvia. This article investigates a single multi-faceted question: is a “financial service,” such as a bank loan, extension of credit or sale of securities, a “service” within the meaning of the Brussels I Regulation (EC) No 44/2001 (“Regulation”), Article 5(l)(b) second indent, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters? The answer to that single question matters for conflicts law and the international banking system. The creation of the internal market is designed to augment cross-border financial […]
10 Colum. J. Eur. L. 491 (2004) Sébastien J. Evrard, Associate in antitrust and government regulation areas, Jones Day, Burssels. This article analyzes the “essential facilities doctrine,” under EC law, as it stands six years after the Court of Justice of the European Communities’ decision in Bronner and subsequent cases. The essential facilities doctrine imposes on owners of essential facilities a duty to deal with competitors. The doctrine was first developed in the United States. Its roots originate in the Terminal Railroad Combination case of 1912. Under EC law, the development of the essential facilities doctrine has been based on […]
10 Colum. J. Eur. L. 445 (2004) Craig T. Smith, Associate Professor, Vanderbilt University Law School. Thomas Fetzer, University of Mannheim Law School, Germany. “The relation between European legal integration and the fundamental principles and values of the constitutions of the Member States is farfrom settled.” “[T]he threat European law creates to basic rights protection” has long been a worm within the blossom of European integration. Courts in various Member States of the European Community (EC) have warned about this threat. In response, the European Court of Justice (ECJ) has strengthened the role of fundamental rights in Community law. The […]
10 Colum. J. Eur. L. 419 (2004) Christopher 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. Recent developments in jurisprudence at the European Community level have revealed the pivotal position of public procurement in the process of determining the parameters under which public subsidies and state financing of public services constitute state aid. In the center of the debate regarding the relation between subsidies and public services, public procurement has emerged as an essential component of state aid regulation. The […]