European Union law Part 11

European Union law Part 11

 

159

Basic Conditions of Company Law and Tax Legislation forthe Third Sector in the Member States of the European Union – Germany
Michael Ernst-Poerksen
International Journal of Civil Society Law
Volume 6, Issue 1, January 2008 p.43

LAW JOURNAL / LAW REVIEW

160

European Union law : packing it in
Jon Felce
European Food and Feed Law Review
2007, Number 6 p.386

LAW JOURNAL / LAW REVIEW

161

A Private Law Approach to Privacy; Mandatory Law Obliged?
Colette Cuijpers
SCRIPTed: a Journal of Law, Technology & Society
Volume 4, Issue 4, 2007 p.304-318

LAW JOURNAL / LAW REVIEW

This article contests the general assumption that Directive 95/46/EC concerning the processing of personal data and the free movement of such data requires implementation into mandatory rules of law. In this respect, several arguments are presented in order to stimulate discussion. This discussion is important because the mandatory or regulatory character of the rules laid down in Directive 95/46/EC influence the nature of rights over data in relation to the principle of freedom of contract. Moreover, it touches upon some core issues regarding European law such as the protection of our fundamental rights and freedoms; the scope of these rights, and freedoms and the correlation between them; as well as the scope of the European Union’s authority to harmonise rules concerning data protection. Furthermore, the assumption that Directive 95/46/EC requires implementation into mandatory rules of law is the main point of resistance against a private law approach to the right to data protection. If this assumption is successfully disproved, it will clear the way for a wide-ranging discussion as to whether a private law approach to the right to data protection will lead to a more effective system of privacy protection in practice.

162

From International Ethics to European Union Policy: A Case Study on Biopiracy in the EU’s Biotechnology Directive
EMILIE CLOATRE
Law & Policy
Volume 30, Virtual Issue, February 2008

LAW JOURNAL / LAW REVIEW

Originally published in Law & Policy, July 2006, Volume 28, Issue 3: 295-416

163

Culture and European Union Law Edited by R. Craufurd Smith
Alessandro Chechi
European Law Journal
Volume 14, Issue 2, March 2008 p.261-263

LAW JOURNAL / LAW REVIEW

164

European Union Law and Defence Integration By M. Trybus
Ramses A. Wessel
European Law Journal
Volume 14, Issue 2, March 2008 p.266-267

LAW JOURNAL / LAW REVIEW

165

Bidding Markets and Competition Law in the European Union and the United Kingdom-Part I
SZIL GYI P L
European Competition Law Review
Volume 29, Issue 1, 2008 p.16

LAW JOURNAL / LAW REVIEW

This two-part essay evaluates the decisional practice on auction or bidding markets in European and UK competition law. There are a surprisingly high number of decisions, but it seems there is no clear and unified concept behind the decisions. The history of cases shows us that there is a tendency towards clarification of the concept.

166

FEDERALISM AND THE GAY FAMILY: FREE MOVEMENT OF SAME-SEX COUPLES IN THE UNITED STATES AND THE EUROPEAN UNION
Columbia Journal of Law and Social Problems
Volume 41, Number 1, Fall 2007 p.81

LAW JOURNAL / LAW REVIEW

The status of lesbians, gay men, bisexuals and transgender people remains one of the most contested issues within the United States and the European Union. Same-sex couples in particular receive anything from no legal recognition to full equality, depending on the state they are in. The right to move freely across the internal borders of the U.S. and the EU creates opportunities for same-sex couples and other LGBT people to relocate to a state where they have greater rights. It can also create problems, such as when a couple moves from a state where they have greater rights to one where fewer or none are available. This Note examines how the branch of law known in Europe as free movement law and in America as the right-to-travel doctrine copes with the problems created by the free movement of same-sex couples across internal borders. The Note considers trends in both regions: in the EU, free movement law has facilitated the movement of same-sex couples by obligating states offering fewer rights to make some exceptions for migrants; whereas in America, the legal response, in defiance or neglect of the right to travel, has been to prevent the movement of same-sex couples from forcing states to offer migrant couples greater rights than those made available through the state’s political process. The Note concludes by examining how the European experience of free movement might serve American activists looking to expand the rights of same-sex couples under the right-to-travel doctrine.

167

Return to the Due Process of law: the European Union and the fight against terrorism
Giacinto della Cananea
European Law Review
Volume 32, Number 6, December 2007 p.896

LAW JOURNAL / LAW REVIEW

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Due Process, European Union law.


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