KLUWER LAW INTERNATIONAL. Views of European Law from the Mountain. Liber Amicorum Piet Jan Slot. Edited by

Similar documents
KLUWER LAW INTERNATIONAL. Views of European Law from the Mountain. Liber Amicorum Piet Jan Slot. Edited by

The European Union in the World

All our journals online at Kluwer Law International

COMMON MARKET LAW REVIEW

THE EVOLUTION OF EULAW

Association Agreement between the European Union and its Member States and Ukraine

Anna Kocharov, Republican Europe. Oxford: Hart Publishing, [Book review]

COMMON MARKET LAW REVIEW

The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement. From Fragmentation to Coherence. Malebakeng Agnes Forere

The EU Common Market CHAPTER 9A. Armin Cuyvers. 9.1 Introduction

COMMON MARKET LAW REVIEW

Policy-Making in the European Union

Association Agreement

Københavns Universitet

COMMON MARKET LAW REVIEW

Book review: European Federal Criminal Law by Carlos Gómez-Jara Díez (Intersentia 2015) Fichera, Massimo.

Public Liability in EU Law

External Relations of the European Union

FREE TRADE AGREEMENT BETWEEN THE EFTA STATES AND UKRAINE

Compliance with International Trade Obligations. The Common Market for Eastern and Southern Africa

Wyatt and Dashwood's European Union Law

THE JUDICIARY, THE LEGISLATURE AND THE EU INTERNAL MARKET

BULLETIN OF COMPARATIVE LABOUR RELATIONS Labour Law between Change and Tradition. Liber Amicorum Antoirie Jacobs

Rechtswissenschaftliches Institut. The Swiss Model. Brexit Seminar Series 2016/2017. Professor Matthias Oesch October 18, 2016

PJUBLIC PRIORITY SETTING: RULES AND COSTS

Transatlantic Regulatory Cooperation

Ways in which the System of Sanctions in EU Competition Enforcement can be changed

General Principles of EC Law in a Process of Development

COMMON MARKET LAW REVIEW. CONTENTS Vol. 49 No. 3 June Editorial comments, Hungary s new constitutional order and European unity

AGREEMENT BETWEEN THE REPUBLIC OF PERU AND THE STATES OF THE EUROPEAN FREE TRADE ASSOCIATION (ICELAND, LIECHTENSTEIN, NORWAY AND SWITZERLAND)

The Legal Framework for the Participation of the European Union in International Institutions

De bescherming van persoonsgegevens

Index of the session

Wolters Kluwer. Constitutional Values and European Contract Law. Stefan Grundmann KLUWER LAW INTERNATIONAL. Law & Business

Public Interest Environmental Litigation in India, Pakistan and Bangladesh

INTERNATIONAL LAW AND THE ROLE OF THE EUROPEAN UNION AS AN ACTOR IN INTERNATIONAL DISPUTE SETTLEMENT

Systemic Implications of Transatlantic Regulatory Cooperation and Competition

COMMON MARKET LAW REVIEW

UvA-DARE (Digital Academic Repository) Happy Golden Anniversary, EU: Turkey Customs Union Mathis, J.H.

Treaty Interpretation by the WTO Appellate Body

Contents. Acknowledgments. General Introduction 1

TERMS OF REFERENCE FOR THE PROMOTION MISSION TO THE REPUBLIC OF SOUTH AFRICA

A Modern European Data Protection Framework. Bruno Gencarelli DG JUSTICE and CONSUMERS

Justice Committee. Human Trafficking and Exploitation (Scotland) Bill. Written submission from the National Alliance of Women s Organisations

HUMAN RIGHTS PAPERS paper 9

The broader EU equality law framework and its relation to national law

EUROPEAN CRIMINAL LAW

Between Autonomy and Dependence: The EU Legal Order Under the Influence of International Organisations An Introduction

HIDAYATULLAH NATIONAL LAW UNIVERSITY B.A.LL.B. (Hons.) Semester VII & IX Competition Law- Optional-I (2016)

Trademark Protection and Freedom of Expression

Examining the recent upgrading of the European Single Market

PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO SPACE ASSETS. Signed in Berlin on 9 March 2012

TECHNICAL BARRIERS TO TRADE

CONSTITUTIONAL LAW OFTHE EUROPEAN UNION KOEN LENAERTS

Proposal for a COUNCIL DECISION

(Non-legislative acts) REGULATIONS

International Labour Law

International Convergence in competition policy and enforcement: a view from the EU. Carles ESTEVA MOSSO Director Policy and Strategy DG Competition

An introduction to Community Legislation on Equal Treatment and the Novelties of the Recast Directive

CONTENTS. Preface to the second edition Acknowledgements xi List of Abbreviations xiii

The Helsinki Rules on the Uses of the Waters of International Rivers

EU Treaties & Legislation

Essential Readings in Environmental Law IUCN Academy of Environmental Law (

COMMON MARKET LAW REVIEW

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 1982 A COMMENTARY

ASEAN HARMONIZATION OF INTERNATIONAL COMPETITION LAW: WHAT IS THE MOST EFFICIENT OPTION?

Competition Law of the European Union

The Economics of European Integration, Second Edition

AGREEMENT BETWEEN COLOMBIA AND THE STATES OF THE EUROPEAN FREE TRADE ASSOCIATION (ICELAND, LIECHTENSTEIN, NORWAY AND SWITZERLAND) TABLE OF CONTENTS

How widespread is its use in competition cases and in what type of disputes is it used? Euro-defence and/or claim for damages?

Immigration and Asylum Law and Policy of the European Union

THE EUROPEAN SOCIAL SCOREBOARD: A NEW TOOL FOR MONITORING AND POLICY MAKING? Enrico Giovannini University of Rome Tor Vergata

Voluntary Export Restraints in WTO and EU Law

LU2002 LLB2 EU Law ( )

PROCESSES AND PRODUCTION METHODS (PPMs) IN WTO LAW

COLLECTIVE ACTION AND FUNDAMENTAL FREEDOMS IN EUROPE

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION

Table of contents TREATY ON THE EURASIAN ECONOMIC UNION PART I ESTABLISHMENT OF THE EURASIAN ECONOMIC UNION

International Litigation in Intellectual Property and Information Technology

BERLINGIERION ARREST OF SHIPS

3rd CLEER Summer School on the Law of EU External Relations

Greening International Jurisprudence

KLUWER LAW INTERNATIONAL. Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region.

The Competition Protocol: Undermining EU Competition Law?

Table of Contents. Notes on Contributors

Cases and Materials on EU Private International Law

CURRENT PAGES OF THE LAWS & RULES OF THE MOBILE COUNTY PERSONNEL BOARD

The EU Legal Framework on Equality

ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS BY INTERNATIONAL ORGANISATIONS

Conflicts in International Trade Law

Unraveling the Nagoya Protocol

TABLE OF CONTENTS XIII

Preface 5 Note to users 7 Outline table of contents 8 Table of contents 9 Table of abbreviations 17

Running Head: DIRECTIVE (FICTITIOUS) OF EU

Equal pay for equal work and work of equal value for men and women

Pieter Kalbfleisch. Standard of Proof, Burden of Proof and Evaluation of Evidence in Antitrust and Merger Cases:

EXCLUSIVE RIGHTS AND STATE MONOPOLIES UNDER EC LAW

Convention on the Conservation of Antarctic Marine Living Resources

ACTION FOR DAMAGES AND IMPOSITION OF FINES

Frequently Asked Questions (FAQs): 2014 Minnesota Domestic Violence Firearm Law i I. INTRODUCTION

Transcription:

KLUWER LAW INTERNATIONAL Views of European Law from the Mountain Liber Amicorum Piet Jan Slot Edited by M. Bulterman L. Hancher A. McDonnell and H. Sevenster ^). Wolters Kluwer Law & Business AUSTIN BOSTON CHICAGO NEW YORK THE NETHERLANDS

Summary of Contents Table of Contents Foreword Personal Foreword Biography of Piet Jan Slot Select bibliography of Piet Jan Slot Introduction About the contributors Table of Cases xiii xxvii xxix xxxi xxxiii xxxvii xlix lv Parti The Internal Market, the Freedoms and Harmonization 1 1. Minimum Harmonization after Tobacco Advertising and Laval Un Partneri 3 Michael Dougan 2. Harmonization in a Globalizing Market Place 19 Wessel W. Geursen 3. Sexual Harassment as Sex Discrimination: A Logical Step in the Evolution of EU Sex Discrimination Law or a Step Too Far? 27 Rikki Holtmaat

viii Summary of Contents 4. The Free Movement of Capital in the EC and with Third Countries and its Application on the Basis of ECJ Case Law 41 M.R. Mok 5. The Demise of Intra-EU Technical Barriers? 59 Jacques Pelkmans 6. Economic Justifications and the Internal Market 73 Wulf-Henning Roth 7. Market Access, The Outer Limits of Free Movement of Goods and The Law? 91 Gert Straetmans Part II Competition and State Aid 107 8. Antitrust Damages Actions Under the Rome II Regulation 109 Thomas Ackermann 9. Constitutional Horse Trading: Some Comments on the Protocol on the Internal Market and Competition 123 Rene Barents 10. Why? The Giving Reasons Requirement of EU Administration 133 Onno Brouwer and Deirdre Curtin 11. Quality Control of Competition Decisions 143 David Edward 12. Resale Price Maintenance: Growing Convergence Between the US and the EC in Sight? 151 Luc Gyselen 13. EC Competition Law Post-Lisbon: A Matter of Protocol I 67 Robert Lane 14. Scope of Judicial Review and Sanctions in Competition Cases 17" Arjen Meij

Summary of Contents ix 15. Some Reflections on the Position of Competitors in State Aid Cases 187 Tom R. Ottervanger 16. State Aid Under Swiss-EU Bilateral Law: The Example of Company Taxation 195 Christa Tobler 17. No Time for Time 207 Marc van der Woude and Christof Swaak 18. Harmonization of Actions for Cartel Damages - not the White Paper 223 Elaine Whiteford and Andrew Skudder Part III Sector-related Analyses 233 19. Marine Pollution and Its Scapegoats: The Fragile Legitimacy of A European Directive and A European Judgment 235 Agustin Blanco-Bazdn 20. Interconnector Law: Interconnecting Competition and Security of Supply 245 Berend Jan Drijber 21. A Look Back at the Open Skies Judgments 257 Christophe Hillion 22. Harmonization of National Procedural Law via the Back Door? Preliminary Comments on the ECJ's Judgment in Janecek in a Comparative Context 267 Jan H. Jans 23. Ownership Unbundling: Prolegomenon to a Legal Analysis 277 Angus Johnston 24. Re-Reading External Relations Cases in the Field of Transport: The Function of Community Loyalty 291 Pieter Jan Kuijper 25. Nouvelles Frontieres: Trading International Law and European Law in the Context of the Establishment of an Emission Trade System 301 Pablo Mendes de Leon

x Summary of Contents Part IV Institutional Issues 313 26. Reviewing the Review: Did the European Court of Justice in Kadi Indirectly Review Security Council Resolutions? On the Downside of a Courageous Judgment 315 Niels Blokker 27. National Sovereignty in the EU: An Outdated Concept 327 Laurens Jan Brinkhorst 28. What Can Be Salvaged if the Treaty of Lisbon Is Lost? 335 Alan Dashwood 29. Inverse Direct Effect and Community Loyalty 345 Thijs Drupsteen 30. EU Regulatory Agencies: What Future do They Have? 355 Jacqueline Dutheil de la Rochere 31. European Court of Justice Forces the Institution's Legal Services to Open Up 367 Herke Kranenborg 32. When Will the New Emperor Wear his Clothes? The Efforts of the European Union Towards a Common Development Cooperation Policy 379 Nico Schrijver 33. EU Governance: The Practice of EU Decision-Making and Law-Making 391 Hans van den Oosterkamp Part V Academic and Judicial Dialogue 401 34. From "Direct Effect" to "Muted Dialogue": Recent Developments in the European Courts' Case Law on the WTO And Beyond 403 Marco Bronckers 35. European Law as an Academic Discipline: Unity and Fragmentation Bruno de Witte 41 '

Summary of Contents xi 36. Recent Case Law of the Bundesverfassungsgericht and EC Law: A View from the Outside 429 Richard H. Lauwaars 37. Ex Boreale Lux: On the Influence of the ECJ on the Interpretation of the ECHR 439 Rick Lawson 38. Unilateral Termination and Suspension of Bilateral Agreements Concluded by the EC 455 Marc Maresceau 39. The Dutch Council of State: Constitutional Cases with a European Union Background 467 Kamiel Mortelmans