Enforcing trust judgments within the European Union: European Enforcement Orders

New rules have been introduced for enforcement of judgmentsin European Member States. Since 21 October 2005, for judgmentsdated after 20 January 2005 it has been possible to use a newenforcement system called the European Enforcement Order aswell as the old system of registering foreign judgments. Thisarticle examines the new rules as they apply to judgments intrust cases.     

欧共体“无争议债权支付令”介评

欧共体2004年4月21日通过的第805号规则对“无争议的债权（uncontested claims）”设立了“欧洲执行令”，该支付令可以在各成员国直接得到承认和执行，从而简化了欧共体成员国之间民商事判决的执行手续，进一步加强了各国在判决承认与执行方面的合作，体现了欧洲国际私法的发展方向。     

The Trade Union Movement and the European Union: Judgment Day

Abstract: The trade union movement faces a challenge to the legality of transnational collective action as violating economic freedoms in the EC Treaty. How are disparities in wages and working conditions among the Member States to be accommodated? Are national social models protected? Does the internal market allow for trade union collective action? How does EU law affect the balance of economic power in a transnational economy? What is the role of courts in resolving economic conflicts? This article analyses the responses to these questions as referred to the European Court of Justice by the English Court of Appeal and offers some conclusions. The purpose is to highlight the different positions adopted by the old Member States and the new accession Member States as regards the underlying substantive issues, and the options available to the Court of Justice in answering the questions posed.     

《欧盟水框架指令》及其启示

欧盟水框架指令是欧盟在水资源领域颁布的最重要指令,经实践证明是管理和保护水资源较为成功的典范.该指令的内容相当丰富,涉及到水资源保护的各个方面,并将水域的保护与污染控制结合起来.     

欧盟竞争法公共执行最终意见在私人诉讼中的证明效力研究

在反垄断执行同时存在公共执行和私人执行两种执行系统的情况下,一个重要的问题是公共执行的最终意见能否在私人诉讼中具有一定程度上的证明效力.美国与欧盟都先后建立了约束力规则或初步证据规则,其主要目标一方面在于减轻原告的举证责任,另一方面在于维持公私执行的一致性同时节省执行成本.但是对约束力规则或初步证据规则的质疑也同时存在,尤其是在司法独立以及被告的程序性权利保障等方面.通过讨论欧盟的公共执行意见在其后的民事反垄断诉讼中的证明效力规则,可为我国统合公私执行,保证法律适用的一致性提供借鉴.     

The future VAT system in the European Union

Varia

The future VAT system in the European Union     

The Telecommunications Law of the European Union

Abstract: This article is intended to give an overview of the law as it stands on telecommunications at the Community level. Over the past ten years the telecommunications law and policy of the European Community have developed rapidly along the twin axes of liberalisation (deregulation) and harmonisation (reregulation). The innovative use of Article 90 EEC has been central to liberalisation, while most harmonisation legislation has been based on open network provision (ONP) passed under Article 100a. The article concludes that, now the national monopolies have been largely dismantled, new issues will arise in the competitive market.     

European Union Citizenship: Writing the Future

Abstract:  EU citizenship has matured as an institution, owing to a number of important interventions by the European Court of Justice and legislative initiatives, such as the Citizenship Directive 2004/38/EC, which has recently entered into force. In this article, I critically examine minimalist and cosmopolitan conceptions of European citizenship and argue that once we dispense with the preoccupation of assigning primacy to a specific level of citizenship and establishing some kind of hierarchy among them, we can begin to address the questions and issues that really matter. Among these are the future governance of citizenship and the design of a more inclusive, multilayered and multicultural conception of citizenship. European citizenship entails a number of fruitful ideas for a more ambitious transition to a post-national tableau and can be the prototype for institutional experimentation on citizenship on a global scale.     

The end of organised crime in the European Union

So much has been written—and vigorously contested—about ‘organised crime’ (OC) that the impending fall of this familiar icon may come as a shock, both to its detractors and to those who take it for granted. Yet that moment may be upon us, for reasons that this paper will explore, as the European Union shifts the vocabulary within which policies on police cooperation are articulated. A pivot of this change is the EU Council Decision on Europol, first debated by the Council in late 2006 and anticipated as applying from 2010 onwards. This will shift the scope of Europol’s work from ‘organised crime’ (attributing qualities to criminality) to ‘serious crime’ (concern with impacts and harms falling on individual and collective victims); will transfer financing of Europol to the Community budget; and so will initiate parliamentary scrutiny. These issues in security governance are explored from ‘northern’, ‘southern’ and ‘eastern’ European perspectives and in the contexts of ongoing enlargement and democratisation of the EU.

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The European Union and Penal Law

Technically-speaking, penal law remains outside the competence of the European Communities and Union. However, mirroring other legal developments within Europe, a combination of higher Community 'principles' such as proportionality, non-discrimination, free competition and loyal co-operation, together with secondary Community law, has on the one hand, led to an unforeseen process of the harmonisation of national penal systems; with national norms either being set aside by Community law, or given extended scope in the pursuance of EC/EU goals. On the other hand, certain European interests – most notably, the need to safeguard the European Union budget – have proven strong enough to prompt the evolution of a nascent penal law of the EU; the most noteworthy development here being the drawing up of an independent European 'corpus juris' covering penal policy and procedure in the area of EU budget protection.