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The article discusses how both the White Paper and the Rome Declaration speak of the European Union's (EU) efforts to maintain unity among it's member nations. The author suggests that the EU should not emphasize too much on unity, instead it should focus on overcoming the different interests of the parties. However, for this process to work the EU should take lessons from other unions like the U.S. and use anchors like executive effectiveness and its legitimacy as well as symbolism.

The article examines the White Paper on Modernization of Rules Implementing Articles 85 and 86 of the European Community (EC) Treaty of May 1999, which proposes the reorganization of existing responsibilities between the European Commission, national anti-trust authorities and national courts involved in implementing anti-trust policies. It also suggests reform to combat restrictions of competitions, as well as maintaining consistency in competition policy throughout the Community. A preferred option considered by the EC is through a legislative solution.

Despite the frequent insistence in EU policies on corporate social responsibility (CSR) being voluntary, this paper argues that under EU consumer law CSR can be interpreted as legally binding. CSR is a strategic form of market communication as well as an inherent aspect of the market behaviour of companies. Since EU consumer law regulates the market communication and the market behaviour of traders, this area of law can be used to interpret CSR as a legally binding obligation, resulting in remedies available to consumers. This paper uses the Unfair Commercial Practices Directive (UCPD) to show how the ECJ could, in a suitable case, consider the breach of a CSR policy either as a form of misleading market communication or as unfair trading behaviour. This interpretation would allow for the additional regulation of CSR by the UCTD, which overlaps with the UCPD in terms of scope, interpretation and remedies. Once CSR is subject to EU market regulation laws, it can result additionally in contract regulation through EU consumer sales law. [ABSTRACT FROM AUTHOR]

The article presents an editorial where the author discusses the economic implications of the elections in various countries in the European Union and also on the economic development in the U.S. and the European Union and the failure of globalization and the reasons for the failure and the migration policies.

This paper critically examines the European Commission's commitment to employing a more "effects-based" approach to enforcing Article 101 TFEU. It finds that, while the Commission has developed an impressive theoretical framework for assessing the effects of agreements on competition, there has in fact been very little effects analysis in its decisional practice since 2005. In the overwhelming majority of cases, the anticompetitive effects of prohibited agreements have instead been presumed on the basis of the "object rule". This paper explores possible reasons for this development, and examines whether alternative forms of enforcement are addressing the void that the focus on object restrictions has left. It concludes that Article 101 is currently not being enforced effectively against restrictions of competition by effect. [ABSTRACT FROM AUTHOR]

Personal data is a valuable commodity in the digital economy, and companies compete to acquire and process this data. This rivalry is subject to the application of competition law. However, personal data also has a dignitary dimension which is protected through data protection law and EU Charter rights to data protection and privacy. This paper maps the relationship between these legal frameworks. It identifies the commonalities that facilitate their intersection, whilst acknowledging their distinct methods and aims. It argues that when the material scope of these legal frameworks overlap, competition law can incorporate data protection law as a normative yardstick when assessing non-price competition; data protection can thus act as an internal constraint on competition law. In addition, it advocates that following the Lisbon Treaty, data protection and other fundamental rights also exercise an external constraint on competition law and, in certain circumstances, can prevent or shape its application. As national and supranational regulators grapple with the challenge of facilitating a dynamic information economy that respects fundamental rights, recognition of these constraints would pave the way for a more coherent EU law approach to the digital society. [ABSTRACT FROM AUTHOR]

1 January 2016, the Single Resolution Mechanism as the second pillar of the EU's Banking Union became fully operational. At the same moment, bail-in, i.e. the statutory power of resolution authorities to cancel shares and to write down or to convert liabilities of a bank which is failing or likely to fail, became mandatory in the EU. This paper sets out the newly created regulatory framework on the recovery and resolution of banks in the EU, focusing on the main features of the EU's rules on bail-in in the Banking Union. It examines the legal and economic impact of bail-in in general and highlights the various challenges for the application of bail-in. Finally, this paper assesses whether bail-in can attain the goals which it is meant to achieve and what it will take to make it effective. [ABSTRACT FROM AUTHOR]

The author comments on the agreement that has been reached at the European Union (EU) institutional level on the Directive on damages actions for breaches of EU and national competition law. Topics covered include the two important goals the Directive pursues, the three main tasks of the competition rules and the state of private enforcement of competition law in Europe. Also discussed are the judicial and legislative developments that have influenced the Commission proposal for a Directive.

The paper gives an overview of the increased litigation leading to innovative case law of the ECJ concerning the scope and effects of the Unfair Contract Terms Directive (Directive 93/13/EEC) on consumer contracts, in particular financial services and services in the general economic interest. The originally limited impact of the Directive on Member State contract law and procedure has been substantially extended -- as a metaphor, one may even say that a "Sleeping Beauty has been kissed awake" by the Court! The authors follow the recent case law both in its legal and economic consequences on consumer protection in the EU internal market. The paper ends with an outlook on the state of "Social Contract Law in the EU" -- hoping to provoke a broader discussion on the concept and limits of a "Europeanization" of contract law already under way. [ABSTRACT FROM AUTHOR]

The fact that an integrated dominant firm deals on more favourable conditions with its affiliated divisions may be abusive within the meaning of Article 102 TFEU. It is not clear when and why this is the case. It has sometimes been suggested that, as a rule, dominant firms are not entitled to favour their own activities over those of rivals. This piece shows that there is no such thing as a non-discrimination rule applying across the board, which, if anything, would run counter to the logic and purpose of competition law. A case-by-case assessment is thus justified. There are compelling reasons to expand to exclusionary discrimination the principles set out in the Guidance Paper 2008 for the assessment of refusals to deal and "margin squeeze" abuses. [ABSTRACT FROM AUTHOR]

This paper analyses the European Citizens Initiative, consultation, and transparency in the context of the Transatlantic Trade and Investment Partnership (TTIP) negotiations, to assess what it tells us about EU citizen participation and the principle of openness. It focuses on the institutional mediation of citizen participation and the degree to which the Commission facilitates such participation and accepts citizen influence over policy-making in EU external affairs. Three categories of openness are used in the analysis: institutional transparency with little or no participation; a democratically weak institutional approach as a means to improve the effectiveness of governance and support existing policy; and thirdly an institutional acceptance of effective citizen participation that facilitates citizen influence over agenda-setting. It is argued that the Commission has made some progress during TTIP in terms of transparency, but that the Commission does not take a strongly democratic position on citizen participation in external affairs. It only engages with citizens as passive actors who can support the effectiveness of EU governance. [ABSTRACT FROM AUTHOR]

In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”. [ABSTRACT FROM AUTHOR]

The article presents information on the issues discussed including European Communities and European Union Citizenship and Commercial policy and Company law and Competition law and industrial policy and Fundamental rights and Relationship between national and Union law and list of abbreviations and the research papers in the periodical.

This paper focuses on remedies available under EU law and national laws where there has been violation of Union law by Member States' supreme courts. It studies the legislative rules and the case law on State liability, retrial and constitutional complaint in the 28 Member States. It also examines whether these remedies are effectively in use and can provide a protection of individual rights at least as good as State liability under the Köbler case law on damages. It then deals with the question whether it is up to EU law or national laws to determine the remedy available if an infringement of EU law by Member States' supreme courts occurs. This leads to reconsider the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by Member State courts. [ABSTRACT FROM AUTHOR]

Starting from an analysis of the ECJ's ruling in the MFA case, the paper explores whether the EU judiciary pays sufficient attention to the principle of democracy and, if so, which understanding of democracy it seeks to promote. It comes to the conclusion that the case law reveals a tendency to favour the powers of non-majoritarian bodies. Insofar, it is not so much representative democracy that the Court of Justice strives to protect but rather a kind of democracy which tends to give precedence to the government for the people over the government by the people. [ABSTRACT FROM AUTHOR]

The new rules for public procurements and concessions were published early in 2014. The reform process laid bare the different preferences of and the consequent tensions among the different actors of legislation. The result are provisions which are innovative in many respects, even where the rationale of the law is the same, but also very complex, and at times obscure, making this area even more technical that it already was. This paper gives an introduction to the most relevant novelties in the law, at the same time, it highlights and discusses a number of issues in the law making process and problematic areas in the substantive rules enacted. The article aims not to describe all the new provisions in detail, but to analyse rather closely specific aspects in order to help understand, and interpret, EU public contract law. [ABSTRACT FROM AUTHOR]

EU data protection law is in a process of reform to meet the challenges of the modern economy and rapid technological developments. This study analyses the legitimate interest of data controllers as a legal basis for processing personal data under both the current data protection legislation and its proposed reform. The relevant provision expands the scope of lawful processing, but is formulated ambiguously, creating legal uncertainty and loopholes in the law. The new proposed regime does not resolve the problem .Taking a "rights" perspective, the paper aims to show that the provision should be narrowly interpreted in light of the ECJ case law, and to give effect to the Charter of Fundamental Rights; a rephrasing of the norm is desirable. The provision on the legitimate interest of data controllers weakens the legal protection of data subjects. [ABSTRACT FROM AUTHOR]

This article assesses recent reforms of the appointment procedure for members of the Court of Justice and the General Court. We evaluate the effects of the establishment of the Article 255 TFEU Panel. Next to a discussion on the transparency of the Panel's opinions, the criteria set and the role it plays in reappointments, we present case studies of the selection procedure in fourteen Member States, representing new and old, and small and large Member States. Our analysis shows that far from being a paper tiger, the Article 255 TFEU Panel has proven to have a significant impact: it has had a chilling effect on a number of national nominations but also indirectly influenced the selection processes in some Member States, thus limiting arbitrariness. However, opening up judicial appointments to scrutiny at both the EU and the national level has resulted in a subtle move into the direction of judicial self-government. [ABSTRACT FROM AUTHOR]

If law is to make a difference in the real world, enforcement is crucial. Consequently, enforcement issues have always loomed large in European law. In light of this tradition, the approach of Directive 2013/11/EU on Alternative Dispute Resolution for Consumer Disputes is not without problems. After all, ADR was thought to be an "alternative" to dispute resolution in court, precisely because it did not aim for strict application of the law. The present article analyses the framework set up by the Directive and puts it to the test in the light of law enforcement: will ADR help to improve the enforcement of consumer law in Europe or will it rather dilute the incentives generated by the substantive law? This paper concludes that ADR is an inadequate means of law enforcement. [ABSTRACT FROM AUTHOR]

EU agencies have become key actors in the operationalization of the EU regime on public access to documents. A tension between confidentiality and transparency has become particularly evident in the framework of regulatory procedures concerning chemical substances, food, and medicinal products. Applicants must provide EU agencies with commercially sensitive information to trigger the scientific and technical evaluation needed for marketing authorization or approval. We analyse three EU agencies: European Chemicals Agency, European Food Safety Agency, and European Medicines Agency. They hold information that is both commercially sensitive and highly relevant for EU regulators and the public at large. Using decisions of the EU courts and the European Ombudsman, this article shows how a new "ownership" paradigm seems to have evolved, in conflict with EU public access legislation. New rulings on the Aarhus regime suggest that more information should in the future become disclosable, putting the agencies under increased pressure by companies trying to protect industry know-how. EU agencies are constantly arbitrating between conflicting public interests. As the exercise of political discretion is exactly what EU agencies are not expected to do, the situation calls for legislative intervention. [ABSTRACT FROM AUTHOR]

The interpretation of Article 102 TFEU by the EU courts has given rise to considerable controversy in the past decade. However, it is not always understood properly. The purpose of this contribution is to uncover the rationale underpinning the case law on exclusionary practices and to provide a legal perspective on ongoing debates. An analysis of the case law reveals that some practices are deemed prima facie abusive while others are only subject to Article 102 TFEU insofar as they are likely to have an anticompetitive effect. This difference mirrors the object/effect dichotomy that is observed in the context of Article 101 TFEU. The criteria used to draw the line between abuses "by object" and "by effect" are also the same. Against this background, it appears that the "frictions" observed in the case law can be understood and addressed following the principles sketched by the ECJ in Cartes Bancaires. [ABSTRACT FROM AUTHOR]

The need for increased convergence in the decentralized processes for public enforcement of EU competition law has received much recent attention. Yet, this debate lacks a convincing explanation as to why the goal of effective enforcement warrants further harmonization. Focusing on fining practices for competition infringements, this article explores possible justifications to explain convergence; the legal or other means by which harmonization could be achieved; and the choice of converged practices that might be implemented. Whilst the strict necessity for convergence is less obvious, the evolving structure of decentralized enforcement would arguably benefit from increased alignment. Key concerns identified are the need to balance consistency with flexibility, and the reflection of an EU-wide consensus on fining practice. [ABSTRACT FROM AUTHOR]

The article presents the highlights of the 8th Transatlantic Trade and Investment Partnership (TTIP) negotiations between the U.S. and European Union from February 2-6, 2015. Topics cited include the context and scope of TTIP, regulatory cooperation and rules, settlement of investor-state dispute, investment protection, and link between trust and transparency.

If the ECJ delivers politically unwelcome judgments, can the legislature override these by adopting new laws? The question goes to the balance of power between legislators and courts, and to which organs are capable of steering the integration process. The answer in the EU context is distinctive, because the Union is so highly constitutionalized: most important legal questions are reducible to Treaty interpretation, which apparently excludes the legislature from their resolution. Drawing on American scholarship which advocates co-interpretation of the constitution by both legal and political branches, and using actual and hypothetical examples of situations where the legislature and the ECJ have wished to take different directions (e.g. citizenship, general principles, non-discrimination) this article examines three Court techniques to avoid legislative constraints: annulment, emasculatory interpretation, and avoidance. It also considers the ways in which legislation can be drafted to maximize its influence upon the Court. [ABSTRACT FROM AUTHOR]

In October 2013 the Single Supervisory Mechanism (SSM) was established. This new mechanism, which is based on the SSM Regulation, provides for far-reaching tasks and powers for the ECB to supervise credit institutions established in participating Member States. This article outlines the general context and the main characteristics of the new framework. It then considers certain legal issues which arise, in particular the conformity of the SSM Regulation with EU primary law, the choice of an appropriate legal basis, as well as the conformity of the provisions with the boundaries concerning the delegation of administrative powers and the principles of ECB independence and accountability. [ABSTRACT FROM AUTHOR]

Enforcement of competition law affects consumers' economic interests, as part of the public interests EU competition law protects. Therefore, consumers ought to be involved in the respective enforcement procedures. Against this normative background, we analyse consumers' access to the public enforcement by the Commission, we assess whether and how the formal role they are assigned during this procedure and the way access is defined enable consumers to protect their economic interests. We identify outer and inner limits to consumers' access to competition enforcement procedures, arising from the Commission's discretion in handling complaints and in defining access to information. We critically evaluate those limits against the contention that the enforcement of competition law rules, and the way it is pursued by administrative actors, ought to be guided by the public interests inherent in EU competition law. [ABSTRACT FROM AUTHOR]

The article discusses the constitutional implications of the efforts of the European Union (EU) to address debt crisis experienced by members. It states that in order for the EU to help its members, it is important to change its financial framework. According to the authors, the EU has decided to minimize the role of members in the group and reinforce intergovernmental collaborations to address the problem.

The article discusses the Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law (CESL) that was issued by the European Commission in 2011. It cites several features of the CESL, including its applicability only to business-to-business (B2B) contracts involving small- or medium-sized enterprises (SME) and business-to-consumer (B2C) contracts. It also examines such topics as extensive margin and the intensive margin.

The article discusses the proposed Regulation for an optional Common European Sales Law (CESL) as a regulatory tool. It examines the possible influence of the CESL on legal scholarship and additional European policy initiatives with respect to contract law. It assesses the objectives of the European Commission with the proposed CESL, including the reduction of contract-law-related transaction costs in cross-border trade.

The article analyzes the collective redness in Europe involving the antitrust and consumer protection. The author examines the establishment of a European collective litigation culture particularly in compliance with the peculiarities of the procedural traditions of civil law countries. He believes that there is a need for a well-balanced structure for collective proceedings and the goal of providing effective compensation for the victims of illegal business practices.

The article focuses on the revision of the acquis communautaire and its relation to the fundamental values of traditional general contract law. The author discusses the underlying policies in the revision of acquis which is believed to include a harmonizing generalization of its individual rules. According to him, revising the acquis communautaire needs the readiness to challenge long-established assumptions and to cut down legislative and judicial rank growth.

The article explains post-legislative guidance is eligible in being evaluated by European courts. This guidance is a staple rule in the European Union law, where it emphasizes the definition and applications of European framework ethics. The study reveals that European courts are flexible in assessing post-legislative guidance according to the substance of a measure instead of its legality.

Already early on in the EU integration process the ECJ accepted the idea of implied exclusive powers: in ERTA, it ruled that Member States may lose the power to conclude international agreements if and when the EU has acted internally on the matter. This idea of "supervening exclusivity" was further developed in subsequent ECJ case law and finally recognized in primary law through codification in Article 3(2) TFEU. The present article reconstructs the Court's pre-Lisbon jurisprudence using different building blocks: the telos and nature of supervening exclusivity, the species of "common rules" and the notion of "affecting". Reconceptualizing the ERTA doctrine, the article argues that the ERTA effect is a form of obstacle pre-emption. In a second part, the article looks at the (dis)continuity of the application of the ERTA doctrine in the Court's post-Lisbon case law, finding that there is coherence in the sense that obstacle pre-emption is still a valid prism through which to look at the ERTA doctrine but at the same time the threshold for finding an EU exclusive competence has been lowered. [ABSTRACT FROM AUTHOR]

The Union's rule of law crisis has worsened and has led to ample reactions from academia and EU institutions. Most notably, the situation in Poland culminated in the activation of the procedure under Article 7(1) TEU by the European Commission. This article suggests that the infringement procedure under Article 258 TFEU may yield a fully complementary, yet more effective, means alongside existing measures to address not only specific and episodic violations of EU law, but also a general situation in a Member State as a systemic deficiency in the rule of law. Conscious of suggestions made before us in this regard, we offer a reconstruction of the infringement action de lege lata by engaging, step-by-step, with the procedural and substantive hurdles to overcome in this attempt. [ABSTRACT FROM AUTHOR]

The article offers information on the international agreements, data protection, and fundamental rights of European Union (EU) with Canada. Topic discussed include Transfer of Passenger Name Record data, the EU Data Retention Directive for rights to privacy and data protection; and storage, processing, and transfer of data by electronic airline reservation systems.

The author discusses the economic and monetary policy of the Economic Union within the Economic and Monetary Union. Topics discussed include preventing adverse effects of the sovereign debt crisis; the Treaty on Stability, Coordination and Governance; and development of financial instruments to support financial assistance.

Traditionally, the Court of Justice has done its utmost to assist national courts in interpreting and applying EU law if national proceedings so required. In line with this spirit of co-operation, the Court seemed ready to interpret the procedural requirements laid down in Article 267 TFEU rather broadly, and gave little weight to procedural errors made by national courts when referring cases under that provision. Indeed, the Court sought to encourage the use of the preliminary ruling procedure. However, after experiencing a significant surge in its judicial activity over the last years, a new trend seems to emerge in the Court's case law: the judges in Luxembourg more and more rigorously assess whether the formal preconditions for the Court's jurisdiction and the admissibility of the questions referred by national courts under Article 267 TFEU are fulfilled. National judges as well as lawyers should be aware of this new judicial trend. [ABSTRACT FROM AUTHOR]

The author discusses the trade policy of European Union as a free and fair trade which centered on sustainable development and national security. Topics include the political support for free trade, information on Treaty of Lisbon, signed in 2007, and objectives of the commercial policy. It also discusses the trade disciplines of the world trade organization (WTO).

This article considers the review of legality in composite procedures -- i.e. European administrative procedures where national and EU authorities decide jointly. It explores how EU courts deal with the question of whether, and to what extent, irregularities occurring at national level are relevant for the legality of final decisions adopted at EU level. It presents two claims: first, that EU courts have developed a differentiated doctrine of "derivative illegality", or "contamination effects" from national to European stages, depending on the level at which discretion is located. Such illegality is categorically excluded where national authorities predetermine the procedure's outcome, and admitted under certain conditions where the EU level enjoys discretion to diverge from the national level. Second, it is argued that the case law's rejection or limitation of derivative illegality in composite procedures allows the ECJ to observe four constitutional principles: the prohibition of EU courts to review national measures, the autonomy and uniformity of EU legal order, and the rule of law. [ABSTRACT FROM AUTHOR]

Who controls the information that is part of the EU legislative processes and is the process as a whole under control? This article explores the legal framework and the applicability of that framework to evolving informal practices by the three key institutions (EP, Council, Commission) involved in the EU legislative process. Given the legislative deadlock on an updated transparency regulation, there are challenges relating to the opacity of Council and Member State positions, legal advice and the so-called four-column documents, which are used to map out progress in interinstitutional negotiations. Currently, the institutions themselves keep control and adopt the relevant rules as a matter of internal (or interinstitutional) working arrangements. We argue that when the institutions exercise legislative functions they are in fact exercising highly political functions that define the fundamental policy choices of the Union's action. This requires not only passive transparency in the form of access to documents but also proactive transparency by the institutions themselves. [ABSTRACT FROM AUTHOR]

The article discusses the criminal case of Estonian national Aleksei Petruhhin who was arrested in Latvia for his involvement in an organized drug-trafficking in Russia. The Court of Justice addressed the questions on the nationality exception in extradition law, the implementation of the principle of mutual recognition in the European arrest warrant and the extradition of Petruhhin to Russia.

This article outlines weaknesses in the EU deposit insurance legal framework and proposes necessary amendments in its substantive rules to enhance the system's ability to ensure financial stability by preventing bank runs. It first examines the overall relationship between systemic liquidity risk and bank runs, the relevant systemic events and transmission channels, stressing the information asymmetry phenomenon, and claiming that it is valid for all depositors. The article presents the main elements of the safety net against systemic liquidity risk and highlights the crucial role of deposit insurance. It also provides a practical example of several bank runs on both sides of the Atlantic, illustrating that the EU rules are less apt to prevent them. A comparison is drawn between the current EU and US legal frameworks of deposit insurance. That analysis, together with the practical case studies, elucidates the shortcomings of the EU legislation with respect to coverage, payout periods and funding mechanisms. Key amendments, related to wider overall deposit coverage, faster payout periods, and higher deposit insurance fund ratio backed with a governmental guarantee, are proposed. [ABSTRACT FROM AUTHOR]

Notwithstanding the abundant literature on the external dimension of EU autonomy, the meaning of the term still appears "nebulous". The purpose of this article is to shed light on its elements through a close examination of the expressions that accompany the notion of "autonomy" in the ECJ's case law, such as "very foundations", "very nature", "essential characteristics" and "specific characteristics" of the EU and EU law. It will be shown that autonomy is closely intertwined with the notions of "essential characteristics" and the "very foundations" of the EU legal order and that, accordingly, only an impact on those elements undermines its autonomy. Nevertheless, in Opinion 2/13, the Court applied such a broad interpretation of its previous case law on autonomy as to leave unsettled the identification of its limits. Autonomy still remains, in sum, partially "nebulous". [ABSTRACT FROM AUTHOR]

The article discusses the court case Anonymi Geniki Etairia Tsimenton Iraklis v. Ypourgos Ergasias, Koinonikis Asfalisis kai Koinonikis Allilengyis wherein the court dealt with the reform of the system of collective redundancies in Greece. It reports that the theme of the European Court of Justice ruling was how to reconcile economic integration with social values and highlights the relationship between free movement rights and fundamental rights .

The unitary patent package is shielded against external judicial review in multiple ways. The norms providing the unitary patent its substantive contents, the Agreement on a Unified Patent Court (AUPC) and the European Patent Convention (EPC), are largely shielded from judicial review. European Patent Office (EPO) decisions cannot be subjected to direct scrutiny before EU courts either. Whereas the unitary patent and EPC systems will likely converge based on shared expert rule, EU law is at the same time subjected to fragmentation. Its core principles concerning legality and judicial review are being undermined in the process. However, through the preliminary ruling procedure, general EU norms and legal principles may still affect the package considerably more than envisioned by the architects thereof. Moreover, Brexit will require re-opening the package, and might open a window of opportunity for a political process leading to an improved design mending the current systemic defects. [ABSTRACT FROM AUTHOR]