Further Integration in Light of the Crisis

Although the current world-wide financial crisis is indeed a bad one, it could just be that it might lead to a few good outcomes. One such outcome could be, according to Tony Barber of the Financial Times’ Brussels Blog, further European integration. It certainly appears that the dismal economic situation in Iceland has lead to [...]

The ECJ’s Kadi judgment facilitates the review of international law for compliance with fundamental rights

The European Court of Justice handed down its decision in the Kadi and Al-Barakaat joint cases on 3 September 2008.[1]  After reviewing the treatment of the case by the Court of First Instance with considerable attention, the Court divided its conclusions into three separate but interdependent issues: (i) the Council’s competence in adopting the regulation [...]

Roman Herzog: “Stop the European Court of Justice”

This is the appeal stated by Lüder Gerken, director of the Centre for European Policy, and Roman Herzog, former President of Germany and former judge at the German Federal Constitutional Court. They illuminate their reasons behind this rather radical-sounding position in an article published in the German newspaper Frankfurter Allgemeine Zeitung from the 8 September. An [...]

ECHR Chamber judgement holds Tamil expulsion would violate Article 3

A few days ago, on 17 July 2008, the European Court of Human Rights handed down a rather hopeful judgement in the case of NA. v. the United Kingdom where it held that the applicant’s expulsion to Sri Lanka would be a violation of Article 3 of the ECHR. NA came to the UK clandestinely [...]

France takes over the rotating presidency of the Council of the EU

Today on 1st July, France takes over the presidency of the Council of the European Union from Slovenia. The transfer takes place at a crucial point in time for the EU. Following the Irish referendum of 12th June this year, when Ireland turned down the ratification of the Treaty of Lisbon (we reported earlier on [...]

Treaty of Lisbon passed by German lower house Parliament

Today the German lower house Parliament (Bundestag) passed the Treaty of Lisbon by 515 supporting votes, 58 against and one abstention. The result is a huge boost for the Reform Treaty, taking into account that the necessary two-thirds majority (408 supporting votes) was surpassed by a wide margin. The upper house of the Parliament (the [...]

European Commission v Microsoft Corp – A Never-ending story?

Yesterday the European Commission issued a statement to the effect that it had initiated two (separate) antitrust investigations against Microsoft Corp. on the alleged abuse of a dominant market position, i.e. infringement of the antitrust provisions of the EC-treaty (see Art. 82 EC Treaty: ‘Any abuse by one or more undertakings of a dominant position [...]

Signing ceremony of the Treaty of Lisbon

Today the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community will be signed in Lisbon. The ceremony, at which all 27 heads of State and government of the European Union as well as the president of the European Commission, José Manuel Barroso, the president of the [...]

Commission issues Final Guidelines on application of Article 81 EC to maritime transport

On the 14th September 2007 the European Commission issues long-promised (Draft) guidelines on the application of Article 81 of the EC Treaty to maritime transport services. The Guidelines were proposed (and asked for by some shipping industry participants) in light of the changes in the EU competition regulation of shipping sector. First, the liner conference block [...]

The European Identity

According to a press release of the EU Parliament, the Parliament will work closely with the Commission to conclude the drafting of the EU Reform Treaty, although “some issues still need to be properly discussed“. What is interesting here is the fact that the two organs, which in essence represent the unity (vs. diversity) of [...]

Different presidency – Same success?

Starting today, Portugal will take over the presidency in the EU Council (see: presidency website). This is reason enough to take a look back on the achievements of the past 6 month under the German presidency. One has to acknowledge that the presidency did indeed accomplish to strengthen the EU’s transparency and to promote the [...]

Charter of Fundamental Rights of the European Union

In the case C-432/05 (Unibet [London] Ltd, Unibet [International] Ltd v. Justitiekanslern) the European Court of Justice once again managed to refer to the – still legally non-binding – Charter of Fundamental Rights of the European Union. And as before in the case C-540/03 it seems as if the Court did not actually have to [...]

Berliner Erklärung – Ein Kommentar

Kurzer Kommentar zur Berliner Erklärung anlässlich des 50. Jahrestages der Unterzeichnung der Römischen Verträge (als Vorlage dient der Entwurf der Erklärung – im folgenden Kursiv – veröffentlicht durch die FAZ am 24. März 2007). „Europa war über Jahrhunderte eine Idee, eine Hoffnung auf Frieden und Verständigung. Diese Hoffnung hat sich erfüllt. Die europäische Einigung hat [...]

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