Volume 3, Issue 1

Views of Donana: Fragmentation and Environmental Policy in Spain

3 Colum. J. Eur. L. 1 (1996) James J. Friedberg. Professor of Law, West Virginia University, J.D. Harvard Law School, B.A. Temple University. NO RAIN, CONDOS Drought, plus ecological pressures from agriculture and tourism, threatened the Donana wetlands with desiccation. Rain had been scarce in southern Spain for five years. Strawberry and rice growers on neighboring land drained local waters to irrigate their crops. Nearby, the beach resort of Matalascanas and the pilgrimage town of El Rocio siphoned off additional significant water.   The Dofiana wildlife area presents an intriguing portrait of fragmented multilevel governance. European regional and environmental policies […]

Law, History, and Memory: “Republican Moments” and the Legitimacy of Constitutional Review in France

3 Colum. J. Eur. L. 49 (1996) Peter L. Lindseth. Associate in Law, Columbia University School of Law. B.A., J.D., Cornell; M.A., M.Phil., Ph.D. candidate (history), Columbia; research fellow, French Conseil d’ État, 1994-95. [A] legislative phenomenon is taking place in our time that we do not yet grasp very well because we are close to it, but as time gives us perspective, we shall see it in all its clarity: a phenomenon of differentiation that is destined to segregate those laws that are fundamental from those that are not. – Maurice Hauriou (1912). Notes on Decisions of the Conseil d’ État. The […]

Beyond Delimitis: Pluralism, Illusions, and Narrow Constructionism in Community Antitrust Litigation

3 Colum. J. Eur. L. 85 (1996) Clifford Jones. J.D. University of Oklahoma; M.Phil., Ph.D. candidate (law), University of Cambridge. Eleanor Sharpston. M.A. University of Cambridge; Barrister and University Lecturer in European Law, University of Cambridge. Jean Monnet, one of the founding fathers of the European Community, referred to the competition (antitrust) principles of the Treaty of Rome as a “fundamental innovation” for Europe. Although the Treaty took effect in 1958, it was not until 1962 that the Council enacted Regulation 17, laying down specific measures for implementing the competition rules which had been provided for in the Treaty itself. […]

Forum Shopping and the European Merger Control Regulation

3 Colum. J. Eur. L. 109 (1996) Morten P. Broberg. Research fellow, University of Copenhagen, Faculty of Law. On December 21, 1989, the EC Council of Ministers adopted the EC Merger Control Regulation. The Regulation is the result of almost two decades of hard work involving a fair number of compromises. The European business community initially received the new Regulation with skepticism. However, in the intervening years skepticism has transformed into popularity stemming from a widely-held feeling among those working in the merger field that the Regulation is more sympathetic toward concentrations than the important national merger control regimes. The […]

Case Law: Case C-68/95, T. Port Gmbh & Co. KG v. Bundesanstalt füR Landwirtschaft und ErnäHrung, November 26, 1996, Not yet Reported in E.C.R.

3 Colum. J. Eur. L. 125 (1996) Petra Foubert. Assistant at the Institute for European Law, Katholieke Universiteit Leuven. Common organization of the markets in bananas; Cases of hardship; Provisional measures In February 1993 the European Community established a common market for bananas. The Banana Regulation, which replaced the various national arrangements for the importation of bananas, favors the marketing of Community bananas and bananas from ACP countries and contains very restrictive rules on the importation of so-called third-country bananas from Central and South America. Germany, in particular, a traditional importer of third-country bananas, was not very happy with these […]

Case Law: Hedley Lomas

3 Colum. J. Eur. L. 132 (1996) Case C-5/94, The Queen v. Ministry of Agriculture, Fisheries and Food, ex parte Hedley Lomas (Ireland) Ltd., May 23, 1996, 1996 E.C.R. 1-2553. Geert van Calster. Institute of Environmental Law, Collegium Falconis, Katholieke Universiteit Leuven, Belgium; S.J. Berwin & Co., Brussels. Internal Market; Harmonization; Export Restrictions; Animal Welfare; EC Treaty Article 5; Member States Liability Facts and Procedure Several questions were referred to the European Court of Justice (ECJ) by the High Court (Queen’s Bench Division) of the United Kingdom in connection with proceedings between Hedley Lomas (Ireland) Ltd. and the Ministry of […]

Case Law: Case C-55/94, Reinhard Gebhard v. Consiglio dell’Ordine degli Avvocati e Procuratori di Milano, November 30, 1995, 1996 E.C.R. 1-4165

3 Colum. J. Eur. L. 145 (1996) Elke Ballon. Assistant, Institute for European and Economic Law, Katholieke Universiteit Leuven, Advocate. Directive 77/249/EEC; Freedom to Provide Services; Lawyers; Possibility of Opening Chambers; Articles 52 and 59 of the Treaty Facts and Procedure Reinhard Gebhard, a German national, obtained a law degree at the University of Tiibingen in Germany. He is authorized to practice as a Rechtsanwalt in Germany and was admitted to the Stuttgart Bar in 1977. Although he does not have chambers of his own in Germany, he works as an “independent collaborator” in a set of chambers there. Since […]

Leg. Dev.: Guidelines for Energy Policy and Energy Networks

3 Colum. J. Eur. L. 153 (1996) Christopher Wyeth Kirkham. The European Union is currently making significant efforts to liberalize and develop its energy market, most recently in Decision No. 1254196/EC of the European Parliament and of the Council laying down a series of guidelines for trans-European energy networks, adopted June 5, 1996. These guidelines follow several Commission studies. On December 13, 1995, the Commission had issued the White Paper on an Energy Policy for the European Union detailing the objectives of the Community for global competitiveness, security of energy supply, protection of the environment and the creation of an […]