Articles scientifiques

Italy’s Gentle Revolution: The New Law on Same-Sex Partnerships

M. M. WINKLER

The Digest - National Italian American Bar Association (NIABA) Law Journal

2017, vol. 25, pp.1-31

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Italy; Constitutional Law; Human Rights; LGBT Rights

http://heinonline.org/HOL/LandingPage?handle=hein.journals/digst25&div=1&src=home


This Article comments the genesis and the content of the Italian law on civil partnerships between people of the same sex, enacted in May, 2016, and eventually entered into operation, together with a bunch of administrative regulations, in early 2017. As the last country of Western Europe to adopt such a law, the Italian law recognises civil partnerships for same-sex couples but presents several flaws in terms of equality and nondiscrimination based on sexual orientation

James Elliott Construction (C-613/14) : A "New(ish) Approach" to judicial review of standardization

A. VAN WAEYENBERGE, D. RESTREPO AMARILES

European Law Review

2017, vol. 42, pp.883-894

Départements : Droit et fiscalité, GREGHEC (CNRS)


This article analyses the decision of the Court of Justice of the European Union in the James Elliot Construction case delivered on 27 October 2016. In its decision, the Court has for the first time affirmed its jurisdiction to interpret harmonised technical standards on a preliminary reference. In this contribution, we argue that the decision marks an important breakthrough in the evolution of EU law by recognising harmonised technical standards as part of Union law. This opening offers new possibilities for litigating technical standards and assuring the centrality of the rule of law in the achievement of the internal market. The article concludes by analysing the implications of the decision in relation to the Meroni doctrine, the potential conflicts between the principle of free access to the acts of the Union and the protection of intellectual property, and the impact that greater litigation over harmonised technical standards may have on the caseload of the Court

Questionable Transactions, Unquestionable Rules: The Odebrecht/Braskem Case and the Foreign Corrupt Practices Act

L. SCOLLO, M. M. WINKLER

Diritto del Commercio Internazionale

2017, vol. XXXI, n°3, pp.521-542

Départements : Droit et fiscalité, GREGHEC (CNRS)


This article offers a critical analysis of the Odebrecht/Braskem case under theForeign Corrupt Practices Act (FCPA ). Two Brazilian companies, Odebrecht S.A.and its subsidiary Braskem S.A., have been caught in a massive bribery machinethat concerned Brazil as well as many other countries, including Switzerland andthe United States. Not only did these companies create a true consortium throughwhich they controlled Brazil’s public procurement system in a way to adjudicateand make profit out of multibillion projects in South America and abroad, but theyalso exploited the U.S. financial market to transfer money to corrupt public officers.The two companies cut a deal with the U.S. prosecutors under the FCPA, which thearticle comments in two parts. First, it recounts the case’s factual background,casting a light on the companies’ business models and corrupt conduct. The secondpart delineates the legal arsenal underlying the deal signed with the U.S. prosecu-tors, which reflects a consolidated practice of the U.S. government to prosecutenon-American multinational enterprises pursuant to the FCPA. Such practice isbased on the broad discretion enjoyed by U.S. federal prosecutors in exercising their prosecutorial power, which includes the possibility to halt or defer theprosecution upon the condition that the defendant pays a penalty and submits to certain compliance and self-reporting obligations. Through the FCPA, they cantarget foreign corporations whose bribery scheme involved, even indirectly, theU.S. financial market. Finally, the Odebrecht/Braskem case represents the firstexample of a deal that was indirectly participated by foreign governments, whosesanctions were considered part of the deal itself

Thinking Justice Outside the Dock: A Critical Assessment of the Reform of the EU's Court System

A. ALEMANNO, L. PECH

Common Market Law Review

février 2017, vol. 54, n°1, pp.129-176

Départements : Droit et fiscalité, GREGHEC (CNRS)


The 2015 reform of the EU’s court system will go down in history as the most radical transformation of the EU judicial architecture since the establishment of the General Court in 1989. It entails not only the doubling of the number of General Court judges but also the dissolution of the Civil Service Tribunal. This article offers a critical assessment of these two major, structural changes, by focusing on both the process by which they were adopted and its overall merits. After providing a detailed examination of its tortuous legislative history and highlighting its unique underlying procedural feature – with the Court itself initiating the reform process -, this article identifies and systematises the major reform’s shortcomings. It criticises both the diagnosis underpinning the reform and the cure administered. It concludes by presenting this reform process as a missed opportunity to address, in a more holistic manner, the pressing non-docket related challenges faced by the EU judicial system and, in particular, to reform a governance structure which is no longer fit for purpose considering the massive transformation of the EU judicial branch since the CJ was first established in 1951

A Comparative Overview of EU and US Legislative and Regulatory Systems: Implications for Domestic Governance & the Transatlantic Trade and Investment Partnership

A. ALEMANNO, R. W. PARKER

Columbia Journal of European Law

hiver 2016, vol. 22, n°1

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : TTIP, Regulatory Cooperation, Convergence, Divergence, Mutual Recognition, Equivalence, MRA, US-EU, race to the bottom, direct effect, implementation

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2721038


The aim of this report is to inform the EU-US Transatlantic Trade and Investment negotiations on enhanced regulatory coherence and cooperation, by providing negotiators, stakeholders and the public with a comparative overview of the US and EU legislative and regulatory processes in their current form, highlighting differences and similarities

Contacts  

Département Droit et Fiscalité

Campus HEC Paris
1, rue de la Libération
78351 Jouy-en-Josas cedex
France

Faculté  

Alberto ALEMANNO

Droit et Fiscalité (GREGHEC)

Voir le CV

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