The Rule of Law in the Recent Jurisprudence of the ECJ

There cannot be any doubt that the rule of law is one of the most elementary and important features of the European Union and the process of European integration as a whole. Without denying the nature... Read More

The Rule of Law in the Recent Jurisprudence of the ECJ

There cannot be any doubt that the rule of law is one of the most elementary and important features of the European Union and the process of European integration as a whole. Without denying the nature of the integration as a genuinely political process, it is quite obvious that the rule of law is a […]

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The Past, Present, and Future of EU Enlargement

Enlargement is one of the EU’s most powerful policy tools. The pull of the EU has helped transform Central and Eastern Europe from communist regimes to modern, well-functioning democracies. . . . It is vitally important for the EU to ensure a carefully managed enlargement process that extends peace, stability, prosperity, democracy, human rights and […]

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Searching for a Modernized Voice: Economics, Institutions, and Predictability in European Competition Law

Uncertainty has been an increasingly central theme in discussions of competition law in Europe since the beginning of “modernization” efforts in the 1990s. This may seem paradoxical, because the modernization programs—both institutional and substantive—were intended to reduce the range of variation in competition law rules and thereby increase uniformity and predictability of results throughout the […]

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Forty Years of European Integration: Steps Forward and Some Missed Opportunities

When I started my professional life in the European institutional world, in 1975, Europe was slowly emerging from the economic difficulties and the political implications of the 1973 oil crisis, and the Institutions were not at their best. The Council had not voted for years, stuck as it was in the straitjacket of the so-called […]

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How Can the Problem of the Liability of a Parent Company for Price Fixing by a Wholly-owned Subsidiary Be Resolved?

When one subsidiary in a group of companies is found by the European Commission to have engaged in price fixing, contrary to Article 101 of the Treaty on the Functioning of the European Union (“TFEU”), the question arises whether the parent company of the group should also be fined. This question is important because the […]

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A Busted Flush: Regulation of Online Gambling in the European Union

Online gambling is by its nature a cross-border activity. As gambling is generally considered a socially dangerous and somewhat disreputable form of entertainment, countries that are now Member States of the European Union have regulated gambling for centuries in order to protect various social interests and to generate tax revenues. Over the years, various European national […]

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Multijurisdictional Practice and Alternative Legal Practice Structures: Learning from EU Liberalization to Implement Appropriate Legal Regulatory Reforms in the United States

The European Union’s institutions and Member States have increasingly embraced liberal lawyer regulation during the past few decades. Many restrictions on the legal profession have disappeared or become more permissive, especially those governing where and with whom lawyers may practice. This has allowed the growth of multijurisdictional practice (“MJP”), which refers to a lawyer’s temporary […]

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Private Antitrust Enforcement and Tentative Steps Toward Collective Redress in Europe and the United Kingdom

In an effort to strengthen private antitrust enforcement, the United Kingdom’s recent legislative proposal stands to provide a viable collective redress mechanism, whereas the European Commission’s policy recommendation remains mired in constraints that will undermine its very objective. The opportune role for collective redress is a hotly contested issue in the global debate over the […]

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From Rags to Riches: Croatia and Albania’s EU Accession Process through the Copenhagen Criteria and Conditionality

In the well-known fairy tale of rags to riches, a poor hardworking girl is transformed into a princess with the help of her fairy godmother and her magic wand. In the European enlargement version of this fairy tale, the girl is the Western Balkan countries, the fairy godmother is the European Commission, and the magic […]

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