Judge-made law has played a crucial role in the process of European integration. In the vertical dimension, it has greatly reduced the range of autonomous policy choices in the member states, and it has helped to expand the reach of European competences. At the same time, however, ‘integration through law’ does have a liberalizing and deregulatory impact on the socio-economic regimes of European Union member states. This effect is generally compatible with the status quo in liberal market economies, but it tends to undermine the institutions and policy legacies of Continental and Scandinavian social market economies. Given the high consensus requirements of European legislation, this structural asymmetry cannot be corrected through political action at the European level.

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The asymmetry of European integration: or why the EU cannot be a "Social Market Economy"

In this work, interdisciplinary essays on the ethical issues which encompassed the trials and Code of Nuremberg have been collated from researchers in fields such as medicine, law, and ethics. Topics include the juridical originality of the Nuremberg trials, and the Jewish perspective on purity.

Bioethical and ethical issues surrounding the trials and Code of Nuremberg : Nuremberg revisited

The European Union has existed for over half a century. Having started as the 'Europe of the Six' in a specific industrial sector, the Union today has twenty-seven Member States and acts within almost all areas of social life. The Union's constitutional structures have evolved in parallel with this immense growth. Born as an international organisation, the Union has developed into a constitutional Union of States. This textbook analyses the constitutional law of the European Union after Lisbon in a clear and structured way. Examining the EU through a classic constitutional perspective, it explores all the central themes of the course: from the history and structure of the Union, the powers and procedures of its branches of government, to the rights and remedies of European citizens. A clear three-part structure and numerous illustrations will facilitate understanding. Critical and comprehensive, this is required reading for all students of European constitutional law.

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European Constitutional Law

Cultural property internationalism is shorthand for the proposition that everyone has an interest in the preservation and enjoyment of cultural property, wherever it is situated, from whatever cultural or geographic source it derives. This article describes its historical development and its expression in the international law of war, in the work of UNESCO, and in the international trade in cultural objects and assesses the ways in which cultural-property world actors support or resist the implications of cultural property internationalism.

Cultural Property Internationalism

European state aid control, a part of competition policy, typically follows the logic of negative integration. It constrains the potential for member states to distort competition by reducing their ability to subsidise industry. In addition, this paper argues, ambiguous Treaty rules and heterogeneous member state preferences have enabled the European Commission to act as a supranational entrepreneur, not only enforcing the prohibition of distortive state aid, but also developing its own vision of ‘good’ state aid policy. In order to prevent or to settle political conflict about individual decisions, the Commission has sought to establish more general criteria for the state aid that it still deems admissible. These criteria have been codified into a complex system of soft law and, more recently, hard state aid law. The Commission has thus created positive integration ‘from above’ and increasingly influences the objectives of national state aid policies.

Of ‘Good’ and ‘Bad’ Subsidies: European State Aid Control through Soft and Hard Law

© The various contributors 2003. All rights reserved. EC State aid law represents an increasingly important part of EC competition law. The case law at national and European levels is growing rapidly, both in quantity and importance. Significant and increasingly frequent legislative and regulatory measures have been adopted at the European level in this field. There are various reasons for this developing EU focus on public intervention in the economy, however the fundamental and primary rationale is the completion of the internal market, and the pressure which that brings for liberalization and privatization. This volume analyses the concept of aid and examines fundamental questions concerning the scope of State aid law. It also offers a comparison with World Trade Organization (WTO) provisions on subsidies and looks at EEA and applicant states' State aid regimes. It then focuses upon selected areas of State aid law and policy. The final part of the book is devoted to an assessment of the system of remedies and enforcement both at the European Union and national level. The contributors to this volume come from a wide variety of backgrounds: they include academics, practitioners, the judiciary, and Government representatives at both national and EU level.

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The Law of State Aid in the European Union

I: CONSTITUTIONAL FRAMEWORK II: INSTITUTIONAL FRAMEWORK III: EXTERNAL RELATIONS IV: EU POLICIES

EU Law after Lisbon

The article looks at the definition of State aid, in the light of recent case law of the EU Courts. There are claims that this case law shows serious shortcomings, is too complex, and reveals a rift between the General Court and the ECJ. In particular the interpretation of the substantive elements forming the notion of aid such 'granted by the state or through state resources' and 'selectivity' is far from clear. The question arises whether State aid control is then possible at all, given the underlying political objectives. Despite some shortcomings the Courts are somehow still managing to maintain a formal approach, in order to meet predictability requirements and legal certainty and at the same allowing a certain degree of flexibility. The case law reaffirms that the interpretation of the notion of aid still aims to preserve free movement and fair competition between States, and to ensure that Member States comply with EU law in terms of transparent economic governance. The efforts by the Courts and the European Institutions, in particular the Commission, in developing consensual rules on policy may still be the best we have so far.

State aid is falling down, falling down: An analysis of the case law on the notion of aid

The Merchant, the Thief & the Citizen: The Circulation of Works of Art Within the European Union

I. The Foundations of State Liability in European Law. 1. The Enforcement of EU Rights. 2. Liability before Francovich. 3. The Principle of State Liability. 4. The Clarification of the State Liability Principle in Brasserie du Pecheur/Factortame. 5. A Final Comment on the Foundations of the Principle of State Liability. II. Substantive Elements of State Liability: Conditions of State Liability. 1. Conferral of Individual Rights. 2. Sufficiently Serious Breach. 3. Establishing a 'Sufficiently Serious' Breach. 4. A Final Comment on the Notion of Serious Breach. 5. Causation. 6. State Liability and National Procedural Law. 7. The Universality of Liability Against the State. 8. Procedural Rules Strictu Sensu. III. Non-contractual Liability in Damages: Article 288(2) EC. 1. Exploring Non-contractual Liability. 2. Admissibility under Article 288(2) EC. 3. Substantive Rules under Article 288(2) EC. 4. The Judgment in Bergaderm. 5. Community Liability post-Bergaderm. 6. Liability for Lawful Acts. 7. Causation. 8. Damages. 9. Conclusion. IV. Article 288(2) EC: The Appropriate Forum and Concurrent Liability. 1. The Exhaustion of National Remedies. 2. Restitution. 3. Unlawful Failure to Act. 4. Tort. 5. Ancillary Damage. 6. Failure of Supervision. 7. Member State Recovery. 8. Conclusion.

Andrea Biondi

Papers

The Law of State Aid in the European Union

EU Law after Lisbon

State aid is falling down, falling down: An analysis of the case law on the notion of aid

The Merchant, the Thief & the Citizen: The Circulation of Works of Art Within the European Union

The right to damages in European law