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Corporate Partners: 
 Auditing Partner:  Human Rights Partner: |
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ELSA Selected Papers on European Law 2003 (1) The Draft Constitution of the European Union: A Solidarity Perspective by Peter G. Xuereb  Download this article |
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From Ex Ante to Ex Post Enforcement of Article 81: Efficiency, Legal Certainty and Community Enlargement by Ieva Azanda Summary of Article: The paper deals with the shift from centralized cartel supervision by the European Commission to decentralized supervision by the national authorities. This is tackled by first explaining the current system of supervision under Article 81 of the ECT and Regulation 17, including the historic reasons for designing the system as it is and its strengths and weaknesses. It subsequently, introduces the changes as they were first proposed by the Commission and ultimately adopted by the European Council in the form of Regulation 1/2003. On that basis the bold claim is made that both goals of the reform, namely enhancement of efficiency and improvement of legal certainty will not be realized, in particular in light of EU enlargement. This statement is then systematically backed up with detailed analysis and a host of persuasive arguments. Download this article |
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Environmental Energy Taxes in EU Member States A Horizontal Comparative Analysis of Four Taxation Schemes by István László Bart Summary of Article: The article examines the use of energy taxation as a method of achieving environmental protection objectives. This environmentally conscious approach to energy taxation is studied from both its environmental policy and economic aspects, along with the general characteristics of such taxes. There follows a presentation of already functioning European examples of such taxes, with a summary of the experience gained from their decade-old history. Finally, the European Community's attempts at harmonization on the field shall be outlined. Download this article |
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Tying and Leveraging in the IT Sector: Microsoft Europe- An EU/US Comparative Approach by Ioanna Aristea Sekeri Summary of Article: Against the background of the ongoing Microsoft Europe investigation by the EU Commission, this paper examines issues of competition policy in the information technology market. It will be advocated that where de facto industry standards are established, quality access to the underlying technical information is likely to be indispensable for effective, ongoing competition in related or downstream markets. Download this article |
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The World Trade Organisation and Human Rights: Potential For Integration by Stephen Walsh Summary of Article: This article examines the relationship between human rights and the World Trade Organisation (WTO), evaluating the potential for forging convergence between the two. Firstly, the theoretical and legal evolution and current understanding of both the human rights movement and the WTO are explored. The conceptual similarities between these two movements conveys that potential integration of human rights and trade liberalisation has a sound theoretical basis. The current aspects of the WTO that are contrary to human rights are exposed and the need for reform is stated. By exploring the relationship between trade law and international human rights law, it reveals that there is a compelling legal case for integrating the two strands of law. Potential and practical methods of linking human rights to the WTO system are discussed. It is concluded that despite the successes of the trade regime over the last half century, the WTO should strongly consider integrating human rights in order to resolve the current legitimacy concerns of the organisation and to obtain a more equitable return from the spoils of increased global prosperity. Download this article |
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Western (European) Legal Principles in the Near Eastern Civil Law The Process of Reception and their Influence on the Legal System of Near Eastern countries by Jakub Handrlica Summary of Article: This paper analyses the reception of European law by Near Eastern countries and the different manners in which this was brought about. It also examines the actual effects that the reception had since this process was very often a hasty one: mechanical, undiscriminating and not preceded by democratic discussions on the part of the people concerned. This paper examines both the process of reception of different western legal systems as well as how this reception affected the laws of various countries. Download this article |
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Recent Developments in European Union Law (First Half of 2003) by Richard Crowe, Academy of European Law, Trier 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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