Showing papers in "Common Market Law Review in 2003"

Economic governance in the European Union: Fiscal policy discipline versus flexibility

Abstract: Following Begg, Hodson and Maher, policy co-ordination can be defined as supranational rules or norms which are agreed by all Member States, which leave primary responsibility for the policy area with national authorities, but set limits on their discretion. The EC Treaty mentions various forms of economic policy coordination: the broad economic policy guidelines, multilateral surveillance and the excessive deficit procedure.

EU Council Framework Decision on Combating Trafficking in Human Beings: A Critical Appraisal

Abstract: This article provides a critical analysis of the Framework Decision on Combating Trafficking in Human Beings adopted by the European Union under the Treaty of Amsterdam. It begins with an overview of the EU's actions against human trafficking followed by an analysis of the Framework Decision itself. It is argued that while the Framework Decision is an important step forward, there are a number of obstacles which hamper its implementation at the national level, such as the principle of State sovereignty and human rights implications.

The transfer of the company’s seat in European company law

Abstract: After the Centros case in 1999, the Europe Court of Justice has again delivered a significant case dealing with the legal situation of EU companies establishing themselves in other Member States. In the Uberseering case of November 5, 2002, the Court considered incompatible with the Treaty freedoms, the German rule, based on the real seat doctrine, whereby foreign companies with a seat on the German territory were refused to appear in German courts unless they proceeded to re-incorporation. This was considered an outright negation of the freedom of establishment. Member states should allow companies that have been incorporated in other Member states to freely enter their territory, according to the rules under which they have been formed in their state of origin. The case constitutes another landmark on the road towards the more free circulation of companies in Europe. Whether it introduces the incorporation theory as the European rule, is open to doubt, as the Court has exclusively relied on the Treaty rules on free establishment. It seems that the Court has rather developed a new approach that could allow to bridge the differences between incorporation and real seat techniques.

EU Council framework decision on combating trafficking in human beings: A critical appraisal

Abstract: This article provides a critical analysis of the Framework Decision on Combating Trafficking in Human Beings adopted by the European Union under the Treaty of Amsterdam. It begins with an overview of the EU's actions against human trafficking followed by an analysis of the Framework Decision itself. It is argued that while the Framework Decision is an important step forward, there are a number of obstacles which hamper its implementation at the national level, such as the principle of State sovereignty and human rights implications.