Law Commons^™

In Defense Of Its Identity, Daniel H. Halberstam, Werner Schroeder

Articles

The Court of Justice has spoken. The Commission may now, under Regulation 2020/2092, withhold monies from Member States that do not observe the rule of law. This “budget conditionality”, if wielded smartly, should prove a powerful tool if comparative experience coaxing states through union money to follow union policies holds true in Europe. Given the limitations of national reference actions and infringement proceedings that lag behind the nefarious strategies of some governments, and the political obstacles to using Article 7 TEU, we cheer on this new tool of the Union. But we believe the urgency of rule of law concerns …

Digitizing Scent And Flavor: A Copyright Perspective, Amara Lopez

Michigan Technology Law Review

Should the flavor of a cheese fall under copyright protection? The Court of Justice of the European Union recently confronted this question in Levola Hengelo BV v. Smilde Foods. Although the court ultimately denied protection, its reasoning opened many doors for those seeking intellectual property protection for scents and flavors. The court implied that it was the subjective nature of a cheese flavor that bars it from enjoying the protection copyright affords, which begs the question of what would happen if there were a sufficiently objective way to describe a flavor.

Recent developments in technology have led to the digitization …

Internal Legitimacy And Europe's Piecemeal Constitution: Reflections On Van Gend At 50, Daniel H. Halberstam

Book Chapters

Europe is often said to lack a proper constitution of the radical American kind. That may be so, but there is a different, more promising sense in which Europe might be following the very best of the constitutional tradition.

The Role Of The Court Of Justice In The Implementation Of The Single European Act, Michel Waelbroeck

Michigan Journal of International Law

This paper will begin by evoking the judicial achievements obtained on the eve of the enactment of the Single European Act. Next, it will explain the innovations introduced by the Single European Act, and emphasize the divergent interpretations that they are likely to receive. Then, the author will modestly strive to express several personal suggestions for a solution, as an external observer.

Constitutional Developments In The European Community And The Impact Of The Single European Market After 1992, F. G. Jacobs

Michigan Journal of International Law

The Single European Act, by its amendments to the Treaty establishing the European Economic Community, seeks to achieve by the end of 1992 an internal market comprising an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the treaty. To this end, a very substantial amount of new legislation is being enacted in the form of Council Regulations and Directives, currently estimated at some 279 separate measures, many of which will also need implementing legislation in the Member States.