Law Commons^™

The European Union, The Member States, And The Lex Mercatoria, Gabriella Saputelli

Notre Dame Journal of International & Comparative Law

The phenomena linked to the "internationalization" and "globalization" of the economy prompt the demand for uniform legal frameworks in supranational governance and encourage forms of “self-regulation”. This spontaneous attempt at harmonizing law at the supranational level is often prepared by market forces and comes to add to the classical legal models while leading to the emergence of a new lex mercatoria.

The aim of this paper is to analyze the openings of the European system to the transnational production of law identified under the term "new lex mercatoria" by verifying all the factors that allow its sources of law to …

Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani

Notre Dame Journal of International & Comparative Law

The refugee crisis is a highly contested and controversial issue. The world, and specifically Europe, has seen a rapid increase in the number of refugees applying for asylum. In fact, the European Union (“EU”) has received well over one million refugees: the highest number of refugees since the Second World War. The crisis is testing the EU’s main building blocks, including, most importantly, its Member States’ notion of an ever-closer union. Some Member States have been more responsive to the crisis than others. For example, Germany is the highest refugee hosting country in the EU. On the other hand, Hungary …

Brexit, Art Loans And Contracts Left In Limbo, Geoffrey Bennett

Journal Articles

It may not be as widely appreciated as it should be that loans of art within the European Union (the EU) are not simply a fortuitous product of the fact that the EU has led to closer relationships, both economic and political, between its Member States. It could be said that they are integral to the cultural policy of the EU. Article 167 of the Lisbon Treaty states that: "The Union shall contribute to the flowering of the cultures of the Member States while respecting their national and regional diversity..." and that action shall be aimed at supporting, "non-commercial cultural …

The Principle Of Subsidiarity In Eu Judicial And Legislative Practice: Panacea Or Placebo?, Gabriél A. Moens, John Trone

Journal of Legislation

This paper considers the failure of subsidiarity as a judicial review principle and its somewhat more successful record as a legislative review principle in the European Union. Although the founding Treaties make clear that subsidiarity is a legally binding principle, the European Court of Justice has adopted an excessively deferential approach to its judicial enforcement. The Treaty provisions have been rendered essentially meaningless platitudes so far as judicial enforcement is concerned. The European Court's under-en- forcement of subsidiarity should be contrasted with the Court's history of judicial activism. While the Court has often fashioned novel legal doctrines without express support …

Introduction: Expansion And Contraction In Monopolization Law, Michael S. Gal, Spencer Weber Waller, Avishalom Tor

Journal Articles

This article introduces a special symposium issue of the Antitrust Law Journal based on a conference on monopolization. It argues that monopolization law has been experiencing simultaneous expansion and contraction processes that are not wholly contradictory but at least partly complementary. Specifically, the authors suggest that the contraction of monopolization law in the United States and the EU might serve to facilitate its expansion and increased importance worldwide, providing other antitrust regimes with more focused and effective tools to address the challenges involved in regulating dominant firms. Moreover, monopolization law's increased reach internationally also has made its refinement and rationalization …

Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara Fick, Alma Clara Garcia Flechas

Books

Book Chapter

Social Security for Migrant Workers: The EU, ILO & Treaty Based Regimes, in 9 International Law: Revista Colombiana de Derecho Internacional 45 (Diana Carolina Olarte Bacarés, ed., 2007)

ISSN: 1692-8156

Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.

Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara Fick, Alma Clara Garcia Flechas

Journal Articles

Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.

Subsidiarity And Competition: Decentralized Enforcement Of Eu Competition Laws, Roger P. Alford

Journal Articles

The purpose of this article is to examine how the European Union has applied, and potentially will apply, the principle of subsidiarity in the enforcement of EU competition laws. This article thus focuses on how the Union envisages national court participation in the application and enforcement of EU competition laws rather than how, in practice, Member State courts have exercised their concurrent jurisdiction in enforcing Articles 85 and 86. Part One provides a brief introduction to EU competition law enforcement and examines two recent decisions by the Court of Justice and the Court of First Instance clarifying the relationship between …