Volume 15, Issue 1


THE COUNCIL OF EUROPE AND THE EUROPEAN UNION: NATURAL PARTNERS OR UNEASY BEDFELLOWS?

15 Colum. J. Eur. L. 1 (2008 – 2009) Tony Joris. Jean Monnet Professor, Centre for European Law, Vrije Universiteit Brussel, Belgium. Jan Vandenberghe. Researcher, sponsored by the Fund for Scientific Research – Flanders, Centre for European Law, Vrije Universiteit Brussel, Belgium. In this article we analyze the relationship between the Council of Europe and the European Union. The starting point of this analysis is that the two organizations are natural partners, although their partnership is sometimes shaky and merits reform. First we give a brief overview of the origins and development of cooperation between the two organizations, focusing on […]


COORDINATING CROSS-BORDER BANKRUPTCY: HOW TERRITORIALISM SAVES UNIVERSALISM

15 Colum. J. Eur. L. 43 (2008 – 2009) Edward S. Adams. Howard E. Buhse Professor of Finance and Law, Director of CLE Programs, and Co-Director of Kommerstad Center for Business Law and Entrepreneurship at the University of Minnesota Law School. J.D., University of Chicago Law School. M.B.A., Carlson School of Management at the University of Minnesota. B.A., Knox College. Kate McKnight and Mark Creer provided invaluable assistance and support as research assistants for this Article. Jason K. Fincke. Honors Attorney, Federal Deposit Insurance Corporation. Former clerk to Judge Joseph T. Carter, First Judicial District of Minnesota. J.D., cum laude, […]


DIVERSITY AND INDEPENDENCE IN THE EUROPEAN COURT OF JUSTICE

15 Colum. J. Eur. L. 89 (2008 – 2009) Iyiola Solanke.Lecturer, Norwich Law School, University of East Anglia. BA (Hon.) (London), MSc, Ph. D, London School of Economics. The European Court of Justice (ECJ) currently comprises twenty seven judges and eight Advocates General who together make law affecting citizens of the European Union over a wide range of social and economic issues, including racial and ethnic equality. However, the ECJ’s composition remains unreflective of the millions of black and migrant European Union citizens whom it serves. As the rulings of the Court reach into the everyday lives of an increasing […]


APPOINTING FOXES TO GUARD HENHOUSES: THE EUROPEAN POSTED WORKERS’ DIRECTIVE

15 Colum. J. Eur. L. 123 (2008 – 2009) Aravind R. Ganesh. LL.B (Hons), King’s College, London, 2008; J.D., Columbia Law School, 2008. This note addresses certain complications inherent in governance with regards to posted workers, i.e. workers posted on a temporary basis from one Member State of the Union to another, for the provision of services in the host Member State. In particular, this note attempts to explain how the current Directive 96/71/EC (the “Posted Workers’ Directive”) sets out mechanisms that produce socially inefficient levels of minimum protections for such posted workers that have to be provided by their […]


CASE C-308/06, INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS AND OTHERS: THE REQUIREMENT OF DIRECT EFFECT IN THE JUDICIAL REVIEW OF EU LAW AGAINST INTERNATIONAL LAW

15 Colum. J. Eur. L. 143 (2008 – 2009) Nicolas Hachez. LL.M., NYU School of Law; Research Fellow and Ph.D. Candidate, Institute for International Law and Leuven Centre for Global Governance Studies, University of Leuven. Special thanks to Tim Corthaut for his insightful remarks on an earlier draft of this paper. PRESENTATION OF ECJ CASE NO. C-308/06 OF JUNE 3, 2008 – “INTERTANKO” On July 4, 2006, the High Court of Justice of England and Wales, Queen’s Bench Division (“High Court”), used Article 234 of the EC Treaty to refer for a preliminary ruling to the European Court of Justice […]