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ELSA Selected Papers on European Law 1998 (1)

Editorial
The Amsterdam Treaty

by Mercedes Garc�a P�rez

Mercedes Garcia Perez is Associate Editor of ELSA SPEL.

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The Metamorphosis of the Institutions Established by the European Convention of Human Rights
The Reasons and Prospects of the Future Single and Permanent European Court of Human Rights

by P�ter Kovacs and P�ter P�zm�ny

Prof. Dr. P. Kov�cs teaches at the University of Miskolc and P�ter P�zm�ny at the Catholic University of Budapest.

Summary of Article: This paper is the text of the authors' contribution to the Brussels Conference of the European Law Students' Association, December 14-21 1997. It highlights the major institutional changes introduced by Protocol 11 and points to future challenges for the European Convention on Human Rights.

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Competition Rules Concerning Franchise Agreements in the European Community and in Bulgaria

by Dimitar Stefanov

Dimitar Stefanov is a last year law student at the Sofia University, Bulgaria. He is a member of the "Ilko Eskenazi" club of students in Law and Economy whose main objective is the study of all aspects of the European integration process. His area of specialization is intellectual property law and his recent research work has been focused on intellectual property transactions. This paper was supervised by Associate Professor Emil Markov.

Summary of Article: The purpose of this article is to define the particular features of franchising that determine its specific impact on competition, and to analyze the relevant competition rules in the European Community and in Bulgaria. To this end franchising is compared with other vertical agreements and whereby attention is given to the requirements of EC competition law specific to each of them. Another line of comparison is this between the Bulgarian domestic law, the EC legislation (most significantly Art.85 EC Treaty and Commission Regulation 4087/88 granting a block exemption for franchise agreements) and the jurisprudence of the European Court of Justice.

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The Role of the National Parliaments in the European Decision-Making Process
Addressing the Problem at the European Level

by Stijn Smismans

Stijn Smismans is a PhD student at the European University Institute, Florence.

Summary of Article: Increasing the role of the national parliaments in the European decision-making process is one of the answers that emerged as reaction to the democratic deficit of the European Union. This article deals with the organisation at the European level (and not at the national level) of the involvement of the national parliaments. It describes how the role of the national parliaments was placed on the agenda of the E.U. and gives an overview of the functions of the national parliament in the European polity. Two main avenues are distinguished to assure these functions: (1) creating new institutions representing the interests of the national parliaments at the European level; and (2) improving contacts between the existing institutions. It is argued, however, that even after the Amsterdam Treaty, there are few guarantees at the European level for the participation of the national parliaments in the European decision-making. The role the latter can play in European policy-making will mainly depend on national constitutional settings within the Member States.

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The preferred method of citing ELSA SPEL is Garc�a P�rez, 'The Amsterdam Treaty', ELSA SPEL 1998 (1)