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Corporate Partners: 
 Auditing Partner:  Human Rights Partner: |
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ELSA Selected Papers on European Law 2002 (2) It's a long way from Rome to here: Goodbye Nice, hello Dublin? The Accelerating pace of European Integration by Patricia Conlan Summary of Article: The presentation of the Draft Constitutional Treaty, on 28th October 2002, by the Praesidium to the European Convention, is just one example of the accelerating pace of European integration experienced during 2002. As is clear, not least from the actual text and the range of options provided, this is a contribution to the discussion rather than an agreed conclusion. Nonetheless, its publication, sandwiched between the successful outcome to the second Irish referendum on the Nice Treaty less than ten days previously, and the announcement of the date agreed for the first accessions, is a signal of the accelerating pace of European integration. While these developments are separate steps on the road to European integration there is also an important link between them, and between them and the earlier, long road to European integration. This contribution will comment on the link.  Download this article |
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The European Company Statute by Anna Avagainou Summary of Article: The Statute for a European Company (SE) was only recently adopted, even though it had first been proposed in 1970 with the intention of creating a truly European legal entity. This article serves as an introduction and overview of this statute. It examines both the regulation creating this statute and the directive allowing worker participation in these SEs. Download this article |
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Cross-Border Mergers in the EU before and After the Societas Europaea (SE) by Anne Funch Jensen Summary of Article: After many years of stagnation in the field of corporate cross-border mobility, the Statute for a European Company (SE) was finally adopted on October 8, 2001. The mentioned instrument is a veritable vehicle of mobility since it contains provisions on different cross-border activities, that are practically impossible to carry out today. The present contribution focuses on one of the activities enabled by the Statute, namely cross-border mergers within the Community. The issue of cross-border mergers is examined from different perspectives in order to place this operation in a broader context. Download this article |
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The EC Competition Law Approach to Cross-Border Payment Systems by Mikolaj Zaleski Summary of Article: The following paper tries to evaluate anti-competitive impacts of operations of payment systems in the eyes of EC competition Law. These systems are defined as legal structures of financial institutions which serve as intermediaries and/or settlement centres for transfers of money. Despite the fact that systems' members compete in the same levels of market for successful execution of cross-border funds transfers, some degree of co-operation between them is indispensable. This paper shows a borderline between justified and acceptable (from EC competition law's point of view) co-operation and agreements, which infringe competition to such an extent that they cannot be accepted. It takes into consideration provisions of systems' internal rules which create so called Multilateral Interchange Fees and Multilateral Client Fees, the conditions of systems' memberships and the position taken by the EC Commission in various decisions. Download this article |
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The European Pharmaceutical Sector and Enlargement by Luigi Pellegrino Summary of Article: While the creation of the Single Market has brought many advantages in the pharmaceutical sector it has left unsolved many issues such as those of parallel trade, intellectual property, data protection and, last but not least, competition with the US and Japanese pharmaceutical sectors. In this paper, an attempt will be made to analyse the specificity of the European pharmaceutical sector. It will examine the problem of research and development (R&D) funding, the consequences on the Single Market of parallel trade and price controls by the Member States, the issues of Intellectual Property Rights (IPRs) and of Community competition. Special attention will be given to the consequences that the enlargement of the EU has had on these issues with the situation in Poland being used as an illustrative example. Download this article |
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Bulgaria and Internet law - achievements, causes and consequences by Svetla Pencheva Summary of Article: Bulgaria is one of the post-communist countries that in the process of negotiations for accession to the European Union, has had to modify a large part of its legislation to bring it into accordance with European Union Directives. In this situation the rise of the internet and a new global communications environment have imposed a number of strains on Bulgarian Legislation. This article will examine how Bulgaria has sought to regulate this new environment and the results of its legislation. Download this article |
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Tobacco Tort Litigation in the United States and Europe by Luisa Nava Summary of Article: Tobacco Tort Litigation can be considered as another import from the United States. Litigation on this point has arisen in the US as early as 1954, however it was only in the last decade that persons began having any successes in their suits against the Tobacco industry. This article examines the development of this specific litigation in the US and compares this situation with the that pertaining in Italy and in France. Download this article |
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Recent Developments of European Community Law (Second Half of 2002) by Richard Crowe - Academy of European Law (www.era.int) Summary of Article: This is the traditional review issued in every edition of ELSA SPEL. It gives an overview of the major developments in European Community Law. Download this article |
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