11 Colum. J. Eur. L. 481 (2005) Mattias Kumm. Professor at New York University School of Law L’identité de I’Europe sera constitutionnelle ou ne sera pas. –Rousseau Dominique et al., Pour une Constitution Européenne, Le Monde, May 5, 1998. A sufficiently robust European identity is widely believed to be necessary for the long-term stability and efficiency of the European polity. If the European Union (EU) is to successfully master its assigned tasks and, using a non-consensual procedure, decide on policies significantly affecting the allocation of risks and resources between European citizens, then European citizens must develop a strong commitment to […]

11 Colum. J. Eur. L. 623 (2005) Lilian V. Faulhaber. J.D., Harvard Law School. Twelve centuries after monks living near the French village of Roquefort-sur-Soulzon presented Charlemagne with a wedge of “soft, fat, somewhat friable cheese, showing veins and dots of greenish black and white color,” Roquefort continues to be considered the “king of cheeses” by many. This foodstuff is still produced in the natural caves of Le Combalou, adjacent to the town of Roquefort-sur-Soulzon, primarily by members of La Société Anonyme des Caves et des Producteurs RWunis de Roquefort (“La Société”). Approximately 1600 tons of this foodstuff are produced annually. […]

11 Colum. J. Eur. L. 523 (2005) James G. McLaren. MA, JD Brigham Young University; M.Phil Law Leicester University, England; LL.M European Community Law Essex University, England. Chief, International Law, 481h Fighter Wing, RAF Lakenheath, UK. Since shortly after World War II, Europe has been protected by a United States-dominated North Atlantic Treaty Organization (NATO), at the price to Europe of US hegemony. The European States made numerous failed attempts to bond Europe into an autonomous common defensive bloc outside the NATO structure. With the end of the Cold War, a common foreign and security policy (CFSP) seemed an idea […]

11 Colum. J. Eur. L. 605 (2005) Pablo Martín Rodríguez. Ph.D in Law, Assistant Professor. University of Granada, Spain. Community Law seems to have defined State and Community Institutions Liability from a functional approach. Actually, it can be stated that the trend toward the progressive unification of the various existing regulations has become crystallized, since the Köbler judgment applied it to State judicial acts. Nevertheless, the author is of the opinion that the system created by the Court of Justice has several inadequacies: a) there is no real State responsibility/liability approach, although it is said to be “inherent in the […]

11 Colum. J. Eur. L. 557 (2005) Christopher H. 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. In this article the author provides a dissected analysis of the application of state aids acquis and jurisprudence to the transport sectors in the European Union. The purpose of this article is three-fold. First, an attempt will be made to position the concept of public service obligations and the notion of operating aid within the framework of state aids as applied to the […]

11 Colum. J. Eur. L. 665 (2005) José João Montes Ferreira- Gomnes. Ph.D. candidate at the Universidade Católica Portuguesa and associate of Uría Menéndez (Lisbon). Tyco – and Europe – with Royal Ahold, Skandia Insurance of Sweden and finally Parmalat – have awoken the world to the need for reform of company and financial The financial scandals that swept the United States – such as Enron, WorldCom and law. Studies suggest that the main causes of the debacle in the United States were the increasing incentives for managers to commit fraud and ‘gatekeepers’ to be lenient, together with the evolution […]

11 Colum. J. Eur. L. 705 (2005) Johan Verlinden. Assistant KULeuven. THE FACTUAL BACKGROUND This case concerns the surname borne by children in Belgium to a married couple of mixed nationality who were residents there. The father, Mr Garcia Avello, is a Spanish national, the mother, Mrs Weber, is Belgian, and the children have dual Belgian-Spanish nationality. On registration of their births in Belgium, the children were given, according to Belgian law, the surname borne by their father, Garcia Avello. The children have also been registered with the consular section of the Spanish Embassy in Brussels under the surname Garcia […]

11 Colum. J. Eur. L. 717 (2005) reviewed by Thomas Daemen. Americans are blissfully unaware that a new economic and political power is challenging the country’s global dominance. Or so a group of authors believe. Back in the 1980s the best seller lists were filled with texts detailing Japanese business acumen; today, the alleged threat is Europe. T. R. Reid’s The United States of Europe: the New Superpower and the End of American Supremacy’ is one of several books contending-often with vastly different perspectives and arguments-that the European Union now calls the shots on many global issues. That the recently […]