Volume 5, Issue 3

Introduction to the Special Issue

5 Colum. J. Eur. L. 365 (1999) George A. Bermann. The subject of this year’s topical issue of the Columbia Journal of European Law promises to be topical for some time to come. Every model of European integration that has been competing for consideration-whether within the Union institutions or within the corridors of national power, or virtually anywhere for that matter- presupposes a European identity of sorts. Butjust at the time that a “European” identity might hope to be developing in the midst of the “national” identities with which it was commonly contrasted, the identity “landscape” has itself been growing […]

Implementing the Subsidiarity Principle

5 Colum. J. Eur. L. 369 (1999) Reimer von Borries. Ministerialrat, Division for the Law of the European Union, Europe Department of the Federal Minsitry of Finance, Berlin, Germany; LL.M. ’71 Columbia Law School; Honorary Professor of Law, University of Osnabruck, Germany. Malte Hauschild. Oberregierungsrat, Division for the Law of the European Union, Europe Department of the Federal Ministry of Finance, Berlin, Germany; Dr. jur., University of Hamburg 1995. I. SUBSIDIARITY-A CHALLENGE FOR PRACTICE Since its introduction in 1993 into the European Union by the Treaty of Maastricht, the “subsidiarity principle” has captured the attention of an increasing number of […]

Nested “Old” And “New” Citizenships in the European Union: Bringing out the Complexity

5 Colum. J. Eur. L. 389 (1999) Theodora Kostakopoulou. Lecturer in European Law, Manchester University, UK. The institution of European Union citizenship, which was established by the Treaty on European Union, has been the subject of considerable attention over the last few years. Justifiably so, since European citizenship could be a catalyst for the creation of a Euro-polity endowed with a stronger constitutional framework and greater social legitimacy. Union citizenship also attests that the historic moment seems to have passed for trying to define citizens claims and entitlements in terms of membership in a national community. It is, perhaps, this […]

The European Union, Germany, and the Länder: New Patterns of Political Relations in Europe

5 Colum. J. Eur. L. 415 (1999) Martin A. Rogoff. Professor of Law, University of Maine School of Law. A new political order is taking shape in Europe. The end of the Cold War, the reunification of Germany, the break-up of the Soviet empire, the decision to create a European monetary union, to mention only the most significant political events of the past decade, are leading to a type of economic and political cooperation that is unique in European history. The expansion of the European Union to the east will extend the scope of these historic developments. The progressive integration […]

The Bosman Case: The Relationship Between European Union Law and the Transfer System in European Football

5 Colum. J. Eur. L. 431 (1999) Amikam Omer Kranz. LL.B., 1997, City University of London. LL.M., 1998, University College London. The past two years have witnessed a remarkable transformation in European football. This change can be directly traced to the successful challenge of European football regulations by Jean-Marc Bosman in the celebrated ruling of the European Court of Justice. That case is significant not only for its effect on football, but also for the light it sheds on the Court’s shifting attitude toward the evolving concept of free movement in the European Union. In one of the only cases […]

A Century of the Bürgerliches Gesetzbuch: German Legal Uniformity and European Private Law

5 Colum. J. Eur. L. 461 (1999) Reiner Schulz. Judge of the Higher regional Court (Oberlandesgericht) Hamm, Director of the Institute of International Business Law and the Institute of Legal History, University of Münster. In some  European  countries, the  terms “internationalization” and “Europeanization” are used to describe new tendencies in their private law. The discussion about these tendencies has coincided with the centenary of the most important German legal code in private law, the Bürgerliches Gesetzbuch (BGB). This coincidence justifies consideration of the role of a traditional national code such as the BGB in light of the changes in private […]

Case Law: Case C-265/95, Commission of the European Communities v. French Republic, (Eur. Ct. J. December 9, 1997) (Not yet Reported)

5 Colum. J. Eur. L. 477 (1999) Eric F. Hinton. LL.M. 1998, Faculty of Law, Rijksuniversiteit Leiden. Obligations of Member States; Agricultural products; Free movement of goods; Trade barriers resulting from actions by private individuals. I. Facts and Procedure Since the accession of Spain to the European Economic Community (EEC) in 1986, French fruit (particularly strawberry) and vegetable producers have reportedly suffered economic losses from competition with Spanish producers. As early as 1985, French farmers began to take destructive actions against Spanish produce imported into France. Tensions continued to escalate for approximately ten years. In 1993, French farmers engaged in […]

Case Law: Cases C-157-160/94, Commission v. the Netherlands, Italy, France and Spain, 23 October 1997, [1998] E.C.R. 1-5699

5 Colum. J. Eur. L. 486 (1999) Gaëtan Verhoosel. Research fellow, Institute for Environmental & Energy Law, K.U.Leuven, and associate, Jones Day Reavis & Pogue, Brussels Lennart Deridder, research fellow, Institute for Environmental & Energy Law, K.U. Leuven. National monopolies of a commercial character-Exclusive rights to import and/or export electricity and/or gas-Article 90(2) of the Treaty I. Facts and Setting: the Internal Energy Market By application lodged on the basis of Article 169 of the Treaty, the Commission asked the Court to declare that, by granting exclusive rights to import and/or export electricity and/or gas, the defendant Member States had […]

Leg. Dev.: Protection of Animals Kept for Farming Purposes

5 Colum. J. Eur. L. 497 (1999) Wendy D. Witten. On July 20, 1998, the Council adopted Council Directive 98/58/EC concerning the protection of animals kept for farming purposes. The Directive was adopted with reference to Article 43 of the European Community Treaty, the European Convention for the Protection of Animals Kept for Farming Purposes (“the Convention”), and proposals and opinions by the Commission, the European Parliament, and the Economic and Social Committees (Recitals 1-5). The Directive sets out minimum standards specifically for the protection of animals bred or kept for farming purposes. It does not apply to animals used […]

Book Review: Reza Banakar, the Doorkeepers of the Law

5 Colum. J. Eur. L. 519 (1999) reviewed by Gil Lahav Company Limited and Ashgate Publishing Limited: Aldershot, England, 1998. 161 pages. Reza Banakar’s book begins with Kafka’s famous sketch of the man from the country seeking access to the courts, who encounters an infinite series of ever-mightier guards, each impeding entry more formidably than the one before. It is a fitting metaphor with which to commence an inquiry into how effectively the law can protect those who have the least access to legal institutions. The Doorkeepers of the Law examines the extent to which Swedish law has successfully addressed […]