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 …

Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo

Georgia Journal of International & Comparative Law

No abstract provided.

The Many Formations Of The Court Of Justice: 15 Years After Nice, Sacha Prechal

Fordham International Law Journal

No abstract provided.

National Legal Traditions At Work In The Jurisprudence Of The Court Of Justice Of The European Union: Symposium: Foreign Law In Constitutional Courts, Fernanda Nicola

Articles in Law Reviews & Other Academic Journals

Numerous scholars have commented on the judicial style of the Court of Justice of the European Union and its non-Herculean judges, generally disapproving of its minimalist reasoning, lack of transparency, and failure to draw openly on comparative legal sources to avoid inconsistencies and weaknesses in its legal reasoning. In a debate where both historians and sociologists have provided new avenues of research, the paucity of comparative lawyers is surprising because European law is a quintessential example of a transnational legal order. Since its inception, European judges, advocates general, and lawyers in Luxembourg have drawn inspiration from the different national legal …

National Legal Traditions At Work In The Jurisprudence Of The Court Of Justice Of The European Union: Symposium: Foreign Law In Constitutional Courts, Fernanda Nicola

Fernanda G. Nicola

State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities, Maria I. Jalles

Georgia Journal of International & Comparative Law

No abstract provided.

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 “Labyrinth Of Impossibility” In The Tax Cases Of The European Court Of Justice: Is The Comparability Analysis A Way Out?, Carlo Garbarino

Carlo Garbarino

Can the jurisprudence of the European Court of Justice in tax cases be rationally expounded? The article suggests that a strategy that relies on a bottom-up evolutionary approach. I pursue this strategy by analyzing a broad sample of the tax cases of the ECJ. These cases are viewed from the perspective of what I call “comparability analysis”, i.e. a process adopted by the Court to compare relevant domestic and cross-border situations to decide whether there are differentiated treatments. The cases of the sample are selected on the basis of a set of criteria aimed at identifying the issues that are …

Book Review: Karen Alter, The European Court's Power Selected Essays, Arthur Dyevre

Arthur Dyevre

No abstract provided.

The Jurisdiction Of The Community Courts Reconsidered, Paul Craig

Articles by Maurer Faculty

No abstract provided.

Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann

Faculty Scholarship

For a principle that has dominated discussions of European federalism for over five years, subsidiarity has received surprisingly poor academic mention. Subsidiarity has been criticized as "inelegant . . .Eurospeak," "the epitome of confusion," and simple "gobbledegook." It has been described by some as nothing new and by others as quite novel and actually quite dangerous. The President of the Commission of the European Communities, said to be an enthusiast of subsidiarity, finds it used at times as an "alibi," and more specifically as "a fig leaf ... to conceal [an] unwillingness to honour the commitments which have already been …

Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989 , Roger J. Goebel

Faculty Scholarship

Certainly, in the eyes of the drafters of the EEC Treaty, social progress was inseparably linked with economic progress, and both were intimately related to the goal of a "union among the peoples of Europe." The Court of Justice has also recognized the importance of social policy, stating that "the Community ...is not merely an economic union," but rather has a "double aim, which is at once economic and social ..." In view of the capital importance thus accorded to the social aspect of the European Community, it is surprising that the Community's achievements in the social sphere, both through …

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.

Special Project, Harold V. Morgan, Jr. Editor In Chief

Vanderbilt Journal of Transnational Law

Of the institutions common to the European Communities, probably none has had greater impact on European integration than the Court of Justice. Throughout its case law, the Court has consistently emphasized the federal character of Community law and the secondary importance of national law of the Member States in areas covered by the establishing treaties. Especially in recent years as economic expansion has slowed and Member States have reverted to national rather than federal solutions to fiscal and political dilemmas, the Court remains the most forceful exponent and practitioner of the Common Market and European policy.

In response to the …

The Community Court And Supremacy Of Community Law: A Progress Report, Peter Hay, Vicki Thompson

Vanderbilt Journal of Transnational Law

The dedication of an annual issue of the Vanderbilt Journal of Transnational Law, to the case law of the Court of Justice of the European Communities is an appropriate tribute to the significant contribution of the Community Court to the integration of the European Communities. The Court of Justice is perhaps the most remarkable and successful of the common institutions (Council, Commission, Parliament, and Court), which the process of European integration has produced thus far. The Communities--Common Market, Coal and Steel Community, and Euratom--have been beset by numerous political and economic problems; integration beyond the original Treaties, and sometimes within …

The Court Of Justice Of The European Communities: An Annotated Bibliography -- 1951-1973, Igor I. Kavass

Vanderbilt Journal of Transnational Law

This bibliography attempts to bring together information about the publications of the Court of Justice and those of other Community institutions pertinent to the work of the Court, as well as relevant juridical writings about the Court and its activities published as books, essays, journal articles, comments, notes, etc. Wherever possible, individual entries are followed by short annotations or explanatory comments. Annotations to the more important treatises or monographs include citations to book reviews.

This bibliography, like all legal bibliographies of its type, is selective in that it lists only those works which the compiler was able to identify and …

Jurisdiction And Procedure Of The Court Of Justice Of The European Communities, Robert A. Buchanan

Vanderbilt Journal of Transnational Law

The Court of Justice of the European Communities is the final adjudicatory body for questions arising under the three Community treaties--the European Economic Community Treaty (EEC), the European Coal and Steel Community Treaty (ECSC), and the European Atomic Energy Community Treaty (EUR-ATOM). Since none of the treaties confers upon the Court the power to adjudicate questions involving the domestic laws of Member States, the Court's jurisdiction extends only to interpretation of Community law. Basically, the jurisdiction of the Court can be divided into the following subject areas: actions against Member States, actions against Community institutions, claims for damages against the …

The Role Of The Court Of Justice In The Development Of Agricultural Policy In The European Communities, Stanley D. Miller

Vanderbilt Journal of Transnational Law

Twenty-five years ago, the center of power for agricultural policy lay firmly in the national capitals. With the signing of the Treaty of Rome, that authority began a gradual flow from the Member States to the institutions of the EEC, particularly the Commission located in Brussels. The transition is not yet complete and has not been without its setbacks, but most Europeans and all the governments of the Member States now accept and support the reality of a Common Agricultural Policy (CAP). The innovative steps taken by the EEC in attempting to weld the agricultural economies of the several states …

Court Of Justice Of The European Communities, Frans Van Heemstra, Guy Suermondt

Cleveland State Law Review

The decisions of the Court under the Rome Treaty cover only a period of two years and any conclusions must therefore be cautious. One can discern, however, a tendency, continuing the trend under the ECCS Treaty, to strengthen the legal structure of the European Community by forcefully sustaining the applicable Treaty provisions and the measures of its Institutions both as to the duties created thereunder and the personal rights that may be derived therefrom. On the other hand, the Court has not hesitated to use its powers for the protection of the subjects of the Community against illegal conduct of …