12 Colum. J. Eur. L. 339 (2006) Mark Berger, Oliver H. Dean Peer Professor of Law, University of Missouri-Kansas City School of Law. J.D., Yale Law School, 1969; B.A., Columbia University, 1966. Since it came into force in September, 1953, the European Convention on Human Rights has served as a reflection of Europe’s movement toward the establishment of common standards of individual human rights and freedoms. The forty-five countries that are currently signatories to the Convention are subject to the jurisdiction of the European Court of Human Rights (ECHR) which was established in 1959 as a mechanism to interpret and […]
Volume 12, Issue 2
8 posts
12 Colum. J. Eur. L. 383 (2006) Amichai Magen, Lecturer in Law and J.S.D. Candidate, Stanford Law School; Fellow, Center on Democracy, Development and the Rule of Law (CDDRL), Spogli-Freeman Institute for International Studies (FSI), Stanford University. This Article conducts a theoretically informed critical analysis of the European Neighbourhood Policy (ENP). Using primary data-including interviews with the chief architects of the new policy-and drawing upon compliance theory in both international law and international relations scholarship, it seeks to conceptualize and evaluate what is arguably the European Union’s (EU) most ambitious plan of “governance export” to date. As such, the Article […]
12 Colum. J. Eur. L. 487 (2006) Alexandra Gatto, Visiting Scholar, Columbia Law School, Fall 2005. This Article is based on a research project conducted for the International Institute for Labour Studies (ILLS) of the International Labour Organization (ILO) in Geneva. The issue of governance in the European Union (EU) has been for many years now at the center of a vast academic and institutional debate. The theme of governance has indeed progressively incorporated most branches of EU law and policies departing from its original administrative reach; it now encompasses the areas of environmental law, health and safety law, and […]
12 Colum. J. Eur. L. 429 (2006) Hon. Samuel L. Bufford, U .S. Bankruptcy Judge, Central District of California; Nomura Lecturer on Law, Harvard Law School, Winter 2005. J.D., University of Michigan, 1973; Ph.D., University of Texas, 1969; B.A., Wheaton College, 1964. The European Union Insolvency Regulation (the EU Regulation) is a giant step forward in promoting international cooperation among EU countries for cross-border insolvency proceedings. It adopts a modified universalist solution to cross-border proceedings insofar as they are located within the EU. However, experience has shown that it needs improvements to work effectively. A venue battle now rages between […]
12 Colum. J. Eur. L. 517 (2006) Florian Sander, Associate, Freshfields Bruckhaus Deringer, Hamburg, Germany; LL.M., Harvard Law School, 2005; Dr. Jur., University of Hamburg, 2003. One of the core concerns of current EU reform efforts is the transformation of the principle of subsidiarity into a judicially manageable standard governing the federal balance between the EU and its Member States. The draft European Constitution (TCE) provides the momentum towards judicial review of the principle of subsidiarity. While its entry into force is as of yet uncertain, it clearly indicates broad political consensus on a more sophisticated balance between judicial and […]
12 Colum. J. Eur. L. 573 (2006) Christopher D. Belelieu, J.D. Candidate, Columbia Law School, 2006; A.B., Georgetown University, 2003. This Note seeks to explore the European Court of Human Rights’ (the Court) recent judgment in the Sahin case by framing the legal question of the headscarf within the larger political, historical, and cultural context of Turkey while also looking at the Court’s reasoning as part of the legal eccentricities of the Court’s jurisprudence. The Note will focus on the Court’s unwillingness to engage the legal tensions in balancing an individual’s freedom of religion with Turkey’s desire to preserve its […]
12 Colum. J. Eur. L. 625 (2006) Katherine M. Apps, Supervisor in Law, New Hall College, Cambridge, United Kingdom. I am most grateful to Tim Corthaut for his helpful comments on previous drafts; however, all errors and omissions are entirely my own. Hot on the heels of the “no vote” to the Constitution in France and the Netherlands, it was clear that Case C-176/03 Commission v. Council would be likely to generate a large quantity of controversy. However, it would have been a rash tipster to have advised staking money on the Court of Justice (the Court or ECJ) going […]
12 Colum. J. Eur. L. 639 (2006) Dionysia-Theodora Avgerinopoulou, J.S.D. Candidate, Columbia University School of Law. On December 12 2005 the Commission of the European Communities (European Commission) presented the final draft of its proposal for a new legislative framework for wastes. The legal basis for the legislation is Article 175 EC Treaty mandating the co-decision procedure for the adoption of legislation regarding environmental issues. Accordingly, the Commission submitted the proposal to the Council and the European Parliament on December 23, 2005. The deliberations have taken place and the new directive is expected to come into force after the debates […]