16 Colum. J. Eur. L. 161 (2009) Tim Connor, University of Bradford, School of Law
Volume 16, Issue 1
7 posts
16 Colum. J. Eur. L. 131 (2009) Casey W. Halladay, B.A. (Hons.), M.A., LL.B., LL.M., ofthe Bars of England and Wales, New York, and Ontario. Partner, Studio Legale Amorese, Bergamo, Italy and London, U.K. In an important clarification of the rights of merger parties and the responsibilities of the European Commission (“the Commission “) in merger review under the E.C. Merger Regulation (E.C.M.R.), the European Court of First Instance (C. F. I.) recently released its decision in MyTravel Group v. Commission. At issue in MyTravel was the Commission’s potential liability to merger parties under Article 288 E.C. Treaty for errors committed in reviewing a merger notified under the E.C.M.R. MyTravel represents an […]
16 Colum. J. Eur. L. 121 (2009) Krishan Thakker, Columbia Law School/King’s College London, J.D./LL.B. Candidate, Class of 2010. This Note examines the monopolistic nature of the conduct of collecting societies within the E. U. and how developments in E.C. competition law are rendering previously lawful conduct unlawful. It also analyzes the changes in the role of collecting societies in light of the developments in online music distribution and digital rights management. The conflict between collecting societies within the European Union, European Community competition law, and copyright law as it relates to musical works has recently become a controversial area of increasing dominance in legal processes. E. C. competition law has dealt […]
16 Colum. J. Eur. L. 81 (2009) Ronan McCrea, Référendaire (judicial clerk), European Court of Justice This Article examines the use, and limitations on the use, of religion as a source of law in the legal order of the European Union. It reveals how religion is recognized by the Union as an element of its constitutional values but how, at the same time, this role is balanced by the recognition of potentially competing humanist and cultural influences. Similarly, although E.U. law recognizes the particular contribution of religious bodies in the areas of law and policy-making, it also preserves a balance between the religious and secular humanist elements of the Union’s ethical inheritance […]
16 Colum. J. Eur. L. 67 (2009) Inge Govaere, Professor of Eur. Law, Ghent Univ. and Dir. of the Eur. Legal Studies Dep’t, College of Eur. in Brussels The pending Lisbon Reform Treaty and the 2007 Internal Market Modernization Package both raise new questions with respect to the future direction to be taken by E.U. internal market law. This Article scrutinizes the most likely changes in approach and recalls the core principles of the internal market concept as it has evolved over time. Attention is paid in particular to the potential impact of the current internal market modernization process on other related and potentially conflicting policies, such as social, environmental, […]
16 Colum. J. Eur. L. 37 (2009) Mathias Möschel, PhD Candidate, European University Institute (Florence) In Maruko v. Versorgungsanstalt der deutschen Bohnen, the European Court of Justice (E. C.J) handed down its first holding on sexual orientation discrimination which has been hailed as a victory for gay rights. However, only a month later, by stating that life partnerships and marriage are not comparable situations, the German Federal Constitutional Court (BVerfG) exposed the limitations inherent in the Maruko case. This Article will show how reluctant the German judiciary has been until very recently to extend the rights inherent in marriage under German law to same-sex life partners, thereby disregarding the fact that nowadays the […]
16 Colum. J. Eur. L. 1 (2009) Michael C. Schouten, Visiting Research Fellow, Columbia Law School; Teaching Fellow, Duisenberg School of Finance; Ph.D candidate, University of Amsterdam. The important role of shareholder voting in the corporate governance of European public firms, coupled with the dramatic increase in cross-border share ownership, underscores the need for a system that facilitates cross-border voting. European policynakers recognize this, yet they seem reluctant to push through the reforms necessary to put such a system in place. As a result, the status quo has prevailed so far. To explain this paradox, this Article analyzes the legislative process surrounding recent European legislation aimed at facilitating cross-border voting. The analysis suggests […]