Volume 2, Issue 2

Articles 30, 48, 52 and 59 After Keck & Mithouard, and Protection of Rights Arising From Directives After Faccini Dori

2 Colum. J. Eur. L. 217 (1996) Walter van Gerven. Former Advocate-General, European Court of Justice. Professor at the Universities of Leuven (Belgium) and Maastricht (the Netherlands). The purpose of this article is to give an overview of the case law of the European Court of Justice (hereinafter the Court). It is primarily meant to put the recent case law of the Court in perspective, not to comment on it. I. RECENT CASE LAW RELATING TO ARTICLES 30, 48, 52 AND 59. A. The Broad Scope of Application of Articles 30, 48, 52 and 59. It is common knowledge that […]

The Uneasy Progress of European Social Policy

2 Colum. J. Eur. L. 241 (1996) David O’Keeffe. Professor of European Law and Director of the Centre for the Law of the European Union, University College London; Visiting Professor, College of Europe; Editor, Common Market Law Review; Member, Editorial Advisory Board, Columbia Journal of European Law; Hon. Secretary, United Kingdom Association for European Law; Of Counsel, Coudert Brothers, London and Brussels. Former Legal Secretary to The Hon. Mr. Justice Thomas F. O’Higgins, Court of Justice of the European Communities. The development of the Community’s social policy has been marred by a stop-go process, one which has consistently failed to […]

Social Law in the European Union: The Search for a Philosophy

2 Colum. J. Eur. L. 265 (1996) Ferdinand von Prondzynski. Professor of Law, Jean Monnet Professor of European Social Law, Dean of the University of Hull Law School. Ada Kewley. Lecturer in Law, the University of Hull Law School. One of the major topics of discussion in the context of the continuing re- assessment of the United Kingdom’s role within the European Union has been the Union’s so-called “social policy.” Legislating for social purposes makes right-wing politicians uncomfortable, and the current British Conservative Government has used resistance to such legislation as a tactic to build a united party line on […]

The Implementation of Social Rights in Europe

2 Colum. J. Eur. L. 277 (1996) George S. Katrougalos. Research Fellow, E.P.I.K.A.Y.P. Institute, Athens Law School; Visiting Professor, Roskilde University (1994-1995). The aim of this article is to present an overview of the implementation of social rights in Europe. The constitutional foundation of these rights and, more generally, of the welfare state, represents one of the most striking differences between the American and the Continental legal system. Many scholars have noted that the European concept of the state is closely related to the Anglo-American notion of the welfare or administrative state, and the Commission of the European Communities seems […]

Restrictions on State Interference With Commerce in the U.S.A. and the EC

2 Colum. J. Eur. L. 313 (1996) Klaus Lackhoff. Master of European Law (Saarbriicken, Germany), L.L.M. (Iowa); Referendar at the regional court of Hagen, research assistant at the Westfalian-Wilhelms University at Munster, Germany. I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several states. For one in my place sees how often a local policy prevails with those who are not trained to national […]

Case Law: P. v. S.

2 Colum. J. Eur. L. 339 (1996) Eva Brems. Fellow, Foundation for Scientific Research-Flanders, Institute for Human Rights, Katholieke Universiteit Leuven, Belgium. The case law section has been prepared in cooperation with the Institute for European Law, Katholieke Universiteit Leuven. Case C-13/94, P. v. S. and Cornwall County Council, December 14, 1995, not yet reported Equal treatment of men and women; Dismissal of a transsexual 1. Facts and Procedure P., a British citizen with the physical attributes of a male, was working from April 1991 as a manager in an educational establishment operated by the Cornwall County Council. In April […]

Case Law: Bosman

2 Colum. J. Eur. L. 345 (1996) Piet Van Nuffel. Fellow, Foundation for Scientific Research-Flanders, Institute for European Law, Katholieke Universiteit Leuven. Case C-415/93, Union Royale Belge des Sociétés de Football Association v. Jean-Marc Bosman, Royal Club Lidgeois v. Jean-Marc Bosman and others, and UEFA v. Jean-Marc Bosman, December 15, 1995, 1995 E.C.R. 1-4921 Freedom of movement for workers; Competition Rules; Professional soccer players; Rules on the transfer of players; Nationality clauses 1. The Bosman-Saga: Introduction Never before the Court of Justice had to accommodate such press attention as the day of its decision in the Bosman-case, its first judgment […]

Case Law: Brasserie du Pêcheur

2 Colum. J. Eur. L. 359 (1996) Petra Foubert. Assistant, Institute for European Law, Katholieke Universiteit Leuven. Joined Cases C-46/93 and C-48/93, Brasserie du Pêcheur SA and Factortame, judgment of March 5, 1996, not yet reported  Member State liability for damage; Breaches of Community law attributable to the State; Breaches attributable to the national legislature; Conditions for State liability; Extent of reparation The Francovich’ judgment contains far-reaching principles on Member State liability for infringements of Community law. From that day, it was clear that Member State liability was not dependent on the existence of a national system of public tort […]

Case Law: Opinion 2/94

2 Colum. J. Eur. L. 372 (1996) Inge Bernaerts. Assistant at the Institute for European Law, Katholieke Universiteit Leuven and Attorney with Stibbe Simont Monahan Duhot, Brussels. Opinion 2/94 of the Court, March 28, 1996, not yet reported in the ECR. Accession by the Community to international treaties; Admissibility of the request for an opinion; The European Convention for the Protection of Human Rights and Fundamental Freedoms. Human rights are a hotly debated issue in the European Union. The controversy is not whether human rights form an integral part of European law and consequently bind the European institutions, Member States […]

LEG. DEV.: Implementation of Community Trade Mark Regime

2 Colum. J. Eur. L. 383 (1996) Christopher Wyeth Kirkham. Rajesh Swaminathan. Council Regulation 40/94 created a unitary Community trade mark effective throughout the European Community as of December 13, 1995. To implement this legislation, the Commission recently adopted Commission Regulation 2868/ 95 implementing Council Regulation No 40/94 on the Community trade mark (1995 O.J. (L 303)). The Regulation, adopted under Article 235 of the EC Treaty pursuant to Article 140 of Council Regulation 40/94, provides for the registration and administration of Community trade marks. In this way, the Commission aims to provide businesses with an important cost-saving opportunity by […]

Leg. Dev.: Protection of Community Financial Interests

2 Colum. J. Eur. L. 385 (1996) Christopher Wyeth Kirkham. Rajesh Swaminathan. On December 18, 1995, the Council adopted Council Regulation 2988/95 on the protection of the European Communities financial interests (1995 O.J. (L 312)). The Regulation, adopted under Article 235 of the EC Treaty, establishes general rules aimed at safeguarding Community financial interests. The rules provide for verification procedures as well as administrative measures and penalties to ensure against “irregular” transactions. These provisions complement efforts to harmonize Member State criminal penalties for fraud against Community financial interests under the Convention on the Protection of the European Communities’ Financial Interests, […]

Leg. Dev.: Implementation of Ec Investment Partners Financial Instrument

2 Colum. J. Eur. L. 387 (1996) Christopher Wyeth Kirkham. Rajesh Swaminathan. With a view to promoting Community private sector participation in ongoing EC financial, technical and economic cooperation efforts in the developing world, on January 29, 1996 the Council adopted Council Regulation 213/96 on the implementation of the European Communities investment partners financial instrument for the countries of Latin America, Asia, the Mediterranean region and South Africa (1996 O.J. (L 28)). The Regulation, adopted under Article 130w of the EC Treaty, aims to build on the Council’s consensus regarding the importance of private sector involvement in key development-oriented activities […]

Leg. Dev.: Open Network Provision for Voice Telephony

2 Colum. J. Eur. L. 390 (1996) Christopher Wyeth Kirkham. Rajesh Swaminathan. As of December 13, 1995, the European Parliament and the Council have adopted Directive 95/62/EC of the European Parliament and the Council on the application of open network provision to voice telephony (1995 O.J. (L 321)). The Directive, adopted under Article 100a of the EC Treaty, extends to public voice telephony services and fixed networks the open network provision (ONP) principles originally established in Council Directive 90/387/EEC (the ONP Framework Directive). The measure had been under consideration since 1990, but had been held up primarily by disagreements between […]

Leg. Dev.: Full Competition in Telecommunications Markets

2 Colum. J. Eur. L. 392 (1996) Christopher Wyeth Kirkham. Rajesh Swaminathan. On March 13, 1996, the Commission adopted Commission Directive 96/191EC amending Directive 90/388/EEC with regard to the implementation of full competition in telecommunications markets (1996 O.J. (L 74)). With this Directive the Commission has enacted all the legislation necessary to implement the Council’s unanimous 1993 call for the liberalization of all public voice telephony services by January 1, 1998.23Adopted under Article 90 of the EC Treaty, the measure significantly amends Directive 90/388/EEC24 to include voice telephony services, infrastructure, and alternative network providers. Under the new Directive, Member States […]