European Union law Part 28

European Union law Part 28

 

377

FREEDOM OF MOVEMENT FOR INDIGENTS: A COMPARATIVE ANALYSIS OF AMERICAN CONSTITUTIONAL LAW AND EUROPEAN COMMUNITY LAW
A. P. van der Mei
Arizona Journal of International and Comparative Law
Volume 19, Number 3, Fall 2002 p.803

LAW JOURNAL / LAW REVIEW

Political entities based on a federal or multi-tiered system of government, such as the United States and the European Community, face a conflict between the constitutional aim of guaranteeing freedom of movement for individuals and the need to safeguard the funding of minimum subsistence benefit systems enacted by individual states. Because citizenship is awarded irrespectively of economic status, one might expect that both the rich and the poor can enjoy the rights to freedom of movement. However, historically, many of the American states and the European Community Member States have objected to a right to freedom of movement, which would enable indigents to move to and establish residence in other states. In order to protect themselves against “welfare migration”or “social tourism,”both American and European states have argued that they need legal powers to restrict the ability of indigents to establish residency in their territory. This Article establishes how American constitutional law and European Community law have addressed this conflict by analyzing the degree to which union citizens are able to establish residence and claim subsistence benefits in other states.

378

WAKING FROM THE JURISDICTIONAL NIGHTMARE OF MULTINATIONAL DEFAULT: THE EUROPEAN COUNCIL REGULATION ON INSOLVENCY PROCEEDINGS
Roland Lechner
Arizona Journal of International and Comparative Law
Volume 19, Number 3, Fall 2002 p.975

LAW JOURNAL / LAW REVIEW

The failure of the international community to agree upon a binding set of rules regarding cross-border insolvencies is a major factor contributing to the insufficiency of guidelines in cases of multinational default. While several efforts have been made to alleviate the uncertainty inherent to multiple insolvency proceedings, agreements ensuing from such efforts have either lacked sufficient cooperation by states or the necessary scope and binding character. This Note argues that the European Council Regulation on Insolvency Proceedings is the most workable solution to the dilemma of international insolvency law since the regulation provides conflict-of-law rules and the European Council has the legislative competence to enforce these rules in European Union Member States. Successful implementation of the EC Regulation will bolster support within the international community to develop similar conflict-of-law rules for cross-border insolvencies with a global scope.

379

RECENT DEVELOPMENTS IN EUROPEAN UNION SECURITIES LAW
Samuel Wolff
Denver Journal of International Law and Policy
Volume 30, Number 3, Summer 2002 p.292

LAW JOURNAL / LAW REVIEW

380

The ABCs and NTBs of GMOs: The Great European Union-United States Trade Debate-Do European Restrictions on the Trade of Genetically Modified Organisms Violate International trade law ?
Sarah Lively
Northwestern Journal of International Law & Business
Volume 23, Number 1, Fall 2002 p.239

LAW JOURNAL / LAW REVIEW

381

Compatibility of the Estonian Penal Law to the Need for Protection of Financial Interests of the European Union
Jaan Ginter
Juridica International
Volume 6, 2001 p.184-197

LAW JOURNAL / LAW REVIEW

382

BOOK REVIEW A. A. Levasseur & R. F. Scott: The Law of the European Union: A New Constitutional Order
Xavier Blanc-Jouvan
American Journal of Comparative Law
Volume 50, Number 3, Summer 2002 p.647

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

European Union law, International trade law.


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