Showing 1 - 10 of 17
Abstract: The introduction of a competence catalogue in the TFEU by the Treaty of Lisbon eliminated the overlap between the preclusion of national lawmaking powers attributable to the exclusive character of EU competences and that stemming from the enactment of EU legislation, thus opening the...
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Abstract: The fundamental freedoms of the EC Treaty prohibit tax discrimination—harsher tax treatment of cross-border economic activities than purely internal activities. Critics of the ECJ argue that the Court’s broad interpretation of the EC freedoms causes it to find tax discrimination...
Persistent link: https://www.econbiz.de/10008611149
Abstract: Although not originally foreseen in the founding Treaty, today the most important and widespread form of EU regulation in the internal market is concerned with the government of risk. Indeed, similarly to what occurred in the United States in the 1960s and 1970s, the EU has in recent...
Persistent link: https://www.econbiz.de/10008611164
Abstract: The issue of DNA database legislation is one of the most delicate challenges of legislative harmonization at the European level. The balance between the right to privacy, and the right to security and to fair trial is hard to be achieved and it depends a lot from the cultural,...
Persistent link: https://www.econbiz.de/10008611173
Abstract: This paper analyses the present state of affairs of companies’ cross-border mobility in the EU after the ECJ’s judgment in Cartesio. This judgment is subject to an in-depth critical examination in light of the preceding case-law of the Court on companies’ freedom of...
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