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European Law

University of Michigan Law School

Michigan Journal of International Law

Economic integration

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Full-Text Articles in Law

Article 235 Of The Treaty Establishing The European Economic Community: Potential Conflicts Between The Dynamics Of Lawmaking In The Community And National Constitutional Principles, Franziska Tschofen Jan 1991

Article 235 Of The Treaty Establishing The European Economic Community: Potential Conflicts Between The Dynamics Of Lawmaking In The Community And National Constitutional Principles, Franziska Tschofen

Michigan Journal of International Law

The purpose of this essay is to analyze the extent to which the present interpretation and application of article 235 of the Treaty appears to be incompatible with basic national constitutional safeguards such as the principles of democracy, the "Rule of Law," sovereignty and federalism and to discuss ways to reconcile potential incompatibilities. To this end, Part I will explore the scope of the authority of EEC organs under article 235 as delimited by the European Court of Justice and legal scholars. Part II will analyze potential conflicts between Community powers exercised pursuant to article 235 of the Treaty and …


The "1992 Project": Stages, Structures, Results And Prospects, Claus-Dieter Ehlermann Jan 1990

The "1992 Project": Stages, Structures, Results And Prospects, Claus-Dieter Ehlermann

Michigan Journal of International Law

The "1992 project" has radically changed the European Community. It has given the "common market" new impetus and has lifted the Community out of the deep crisis in which it was bogged down in the first half of the 1980s. The consensus which has been re-established amongst all the Member States through the "internal market" exercise was enshrined in the Single European Act and the acceptance of the Delors package in February 1988. The financial underpinning of the "1992 project," through the reform of the structural funds and the Community's finance system, has given the "internal market" exercise such credibility …


The Role Of The Court Of Justice In The Implementation Of The Single European Act, Michel Waelbroeck Jan 1990

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.


Towards A European Constitution Of The Firm: Problems And Perspectives, Thomas E. Abeltshauser Jan 1990

Towards A European Constitution Of The Firm: Problems And Perspectives, Thomas E. Abeltshauser

Michigan Journal of International Law

This article will discuss in particular the proposed EEC directive on the harmonization of corporate structures as well as the proposed regulation of the Societas Europea. Initially, these proposals were strongly oriented toward German law. As such, a corporation had to have a managing board as well as a so-called supervisory board and a general meeting of stockholders. Since the EEC Commission published the so-called "Green Paper," which contains a comparative analysis of national legal systems requirements for the structure of corporations and provisions for co-determination rights for employees at the board level, the new proposals concerning the constitution of …


Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl Jan 1990

Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl

Michigan Journal of International Law

This article describes the current situation in the emerging integrated system of the European Community, focusing on the potential conflict between Community rules on the freedom of establishment and national conflict-of-law rules relating to companies. In the first part, I shall outline the relevant provisions of EC law and the two conflict-of-law concepts presently exhibited in the national laws of the Member States. In the second part, I shall discuss three cases in which the European Court of Justice recently addressed this subject. In the third part, I shall analyze the impact of the Court's opinions, and finally outline options …