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Full-Text Articles in Law
The Court Of Justice As A Decisionmaking Authority, Ulrich Everling
The Court Of Justice As A Decisionmaking Authority, Ulrich Everling
Michigan Law Review
Eric Stein, to whom this Article is dedicated, has written a number of commentaries on the jurisprudence of the Court of Justice on the basis of his experience with both the European continental law and the common law systems. In conformity with his pragmatic approach, the following examination of the Court of Justice as a decisionmaking authority devotes less attention to the theoretical context than to the manner in which the Court attempts to accomplish its task in practice. This essay is intended to provide a judge's point of view, that is to say, a subjective contribution on the basis …
The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein
The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein
Michigan Law Review
The European Community - that is, the factual entity composed of three legally separate communities which has been and still is one of the basic concerns of Eric Stein - cannot be understood without taking into account European history after 1933. As an irony of history, the stage for a new beginning was set by the man who destroyed the old Europe and who was the reason that so many academics left the "old country" for the new world. This new start was not only influenced by the determination of those Europeans who had lived through the darkness to overcome …
The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen
The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen
Michigan Law Review
An economic crisis with the dimensions of the one raging in the world today confronts the judiciary - as well as business undertakings, parliaments and governments, workers, their trade unions and other organizations - with new responsibilities. New areas of law suddenly come to the forefront and even those matters which would appear to be the most firmly settled call for a critical reexamination. Such rethinking may maintain what might otherwise be swept away, or improve what deserves to be changed by way of judicial decisions, or demonstrate that legislative action is both necessary and urgent.
The Case For Federalizing Rules Of Civil Jurisdiction In The European Community, Peter Hay
The Case For Federalizing Rules Of Civil Jurisdiction In The European Community, Peter Hay
Michigan Law Review
The European Community is an "incipient federal structure," even if its scope of operation is limited in subject matter and its creation derives from "a network of treaties rather than [from] a formal constitution." A federal structure at once protects, even nurtures, pluralism and coordinates the constituent units in the interest of a union. Federal legislation promotes the interests of the larger unit; a limitation of powers in the constitutive document preserves the integrity of the members. In the American federation, the United States Supreme Court defines the balance between the reach of state and federal law. The balance, moreover, …
How Flexible Is Community Law? An Unusual Approach To The Concept Of "Two Speeds", Claus-Dieter Ehlermann
How Flexible Is Community Law? An Unusual Approach To The Concept Of "Two Speeds", Claus-Dieter Ehlermann
Michigan Law Review
The concept of "two speeds" de lege ferenda and the connected question of possible flexibility in Community law de lege lata raise a number of highly complex institutional questions that go to the very roots of the Community system. We offer the following analysis of such questions to Eric Stein, whose writing and teaching have contributed so greatly to the understanding of the Community's foundations.
Judicial Jurisdiction In The United States And In The European Communities: A Comparison, Friedrich Juenger
Judicial Jurisdiction In The United States And In The European Communities: A Comparison, Friedrich Juenger
Michigan Law Review
Eric Stein deserves our gratitude for making European integration accessible to American students and teachers. He has taught and written widely on this important subject, and the casebook he published with Hay and Waelbroeck is a valuable aid for dispelling what a judge of the Communities' Court of Justice called "splendid mutual ignorance." Following Judge Pescatore's suggestion that it is time to take note of the experience gathered on both sides of the Atlantic, it seems worthwhile to compare the evolution of jurisdictional principles in the United States and in the Common Market.
The Supervision Of Corporate Management: A Comparison Of Developments In European Community And United States Law, Alfred F. Conard
The Supervision Of Corporate Management: A Comparison Of Developments In European Community And United States Law, Alfred F. Conard
Michigan Law Review
In 1971, Eric Stein published an account of the remarkable progress of the European Economic Community (EEC) toward a harmonized law of business corporations. The progress was particularly striking from an American viewpoint, because the harmonization was achieved by moving toward the more rigorous of the various national standards, in contrast to the "race of laxity" or "race for the bottom" that has characterized the movement toward uniformity in the corporation laws of U.S. states.
More On European Community Law, Trevor Hartley
More On European Community Law, Trevor Hartley
Michigan Law Review
A Review of Yearbook of European Law 1981 by F.G. Jacobs
Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey
Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey
Michigan Journal of International Law
Part I of this note examines the sources of Community power over employment policy. Part II analyzes two Community directives approximating laws regarding employee involvement in dismissal procedures. It also examines the impact of these Community directives on two Member States, the Federal Republic of Germany (FRG or West Germany) and the United Kingdom. The note focuses on the FRG because its statutes have served as the model for Community directives, and because the harmonization of laws throughout the Community will provide unique benefits to the FRG. The note examines the United Kingdom because its government has historically had a …
Aspects Of The European Community's Industrial Policy, Laurence W. Gormley, J. F. Marchipont
Aspects Of The European Community's Industrial Policy, Laurence W. Gormley, J. F. Marchipont
Michigan Journal of International Law
This article does not provide an exhaustive description of all aspects of the European Community's industrial policy, but instead analyzes its foundations and its objectives and the relative importance of the various means of attaining these objectives. This approach demonstrates the difference between the power and aims of industrial institutions in the Community and the power and aims of industrial institutions in the individual European states and in the major competitor countries of the Community, the United States, and Japan.