European Law Newsletter. Issue 4

Author: Zhao Haifeng
Publisher:
Publish Date: 2003-04-01
Features: The European legal system, composed of EU law, European human rights law, domestic laws of European countries, and comparative law, continues to evolve and perfect itself alongside the political, social, and legal practices of the European Union, the Council of Europe, and the member states. This demands not only a gradual, comprehensive, and in-depth study of the important institutions within this field but also a timely grasp of its new developments and trends. Although delayed from the original schedule, this journal finally begins to launch a series of thematic studies from this issue, aiming to expand the depth and breadth of its research and focus on major issues in European law. This year marks the 50th anniversary of the Court of Justice of the European Communities (CJEU), and the Treaty of Nice, signed in 2001, has brought significant reforms to the EU's judicial system. This presents an excellent opportunity to analyze and study the past, present, and future of this key EU institution. The journal's thematic series is titled "The CJEU Across Centuries."
Europe can be considered the laboratory of world law. The creation of the European Community and the subsequent development of the EU have introduced new practices to traditional domestic and international legal systems. The supranational characteristics of Community and EU law cannot be explained by traditional legal theories, and the CJEU has been a strong defender of this new legal practice. With a firm stance, the CJEU ensures the unity and consistency of the Community's legal system, thereby objectively advancing Europe's transformation from a single-market community toward a European federation. As former Commission President Walter Hallstein once said, "The existence of the CJEU has made the Community a community of law."
The thematic series "The CJEU Across Centuries" consists of six carefully curated articles, each offering in-depth research on the CJEU from different perspectives. Readers will discover how legal elites from various countries have brilliantly utilized their intelligence within the limited framework granted by the original treaties, providing effective safeguards through judicial power. Notably, through its case law, the CJEU has established principles such as the direct effect of Community law and the supremacy of Community law, which have served as engines and driving forces in promoting European integration, as well as the continuous development and refinement of Community and EU law. Furthermore, the CJEU's influence on the domestic laws of member states has been profound and far-reaching.
The actions of CJEU judges are referred to as the "activism" of the Community's judicial institutions. However, readers will also find that the CJEU faces limitations due to the principle of EU institutions and the diversity of judicial systems among member states. Regarding the procedural aspects of the EU's judicial system, readers can explore the features, impact, and evolution of the CJEU's preliminary ruling system, which serves as a key mechanism in the European integration process, a channel for communication between the CJEU and national courts. Additionally, the Treaty of Nice has introduced reforms to this system. The series also provides a clear introduction to the various procedures and principles of CJEU litigation, as well as the review and enforcement of judgments.
On the topic of internal relations within the EU's judicial system, the articles discuss the differences, connections, cooperation, and conflicts between the CJEU and the Court of First Instance, as well as the mechanisms for resolving issues. Particular attention is given to the significant reforms of the EU's judicial system under the Treaty of Nice. With the establishment of specialized chambers attached to the Court of First Instance and the implementation of an appeals system to the CJEU, the CJEU's position as the highest court in the EU's judicial system will become even more prominent. A new three-tiered court system will emerge. It can be imagined that, within the framework of the Treaty of Nice, the Court of First Instance will play a primary role in case handling in the coming period.
How do EU judicial institutions handle cases related to China? The articles in this issue introduce six anti-dumping cases involving Chinese enterprises as heard by EU judicial institutions, analyzing their policy tendencies. A seventh case, still pending, is also briefly mentioned. Additionally, the series presents a series of CJEU judgments, showcasing the application of the WTO Agreement in the EU.
The authors of this issue are all specialists in EU law, many of whom have studied in Europe or conducted research there. Some have even interned at the CJEU, observing and participating in its case adjudication. Others have extensive experience in handling EU-related anti-dumping cases involving China or are experts in the WTO. Their articles reflect a degree of "firsthand" experience. Based on extensive research, these papers highlight the main characteristics, new trends, and achievements of the EU's judicial system. The authors vary in style—some are eloquent and insightful, others rigorous and clear, and some challenge existing perspectives while offering corrections.
We believe that through the expert research presented in this series, readers will gain a deeper understanding of the CJEU and the EU's judicial system.
Of course, the CJEU also possesses the characteristics of a constitutional court, administrative court, and civil court, with extensive content covering its system, functions, operations, jurisdiction, and more, requiring a comprehensive monograph for thorough study. Due to space constraints, this thematic series can only offer preliminary explorations. For example, this issue focuses on two of the CJEU's three core functions—direct actions and preliminary rulings—while leaving the advisory opinions function for future discussion. Additionally, the relationship between the CJEU and the Court of Justice of the European Union (CJEU) is not covered due to space limitations.
Other questions remain, such as whether all CJEU judges should possess constitutional expertise or whether a separate EU constitutional court should be established. How should the CJEU's overall status be defined, and how should the EU's judicial system be outlined? What qualifications should judges meet, and what methods do they employ to create law and interpret judicial decisions? How do judicial assistants within the CJEU contribute to handling the vast number of cases? These and other issues require further research.
In the field of EU law, we also publish a study by Mr. Cai Congyan on legal issues related to joint ventures in EU corporate merger law. This is an area previously underexplored in domestic EU law research. Using public policy analysis, doctrinal studies, legal sociology, and economic principles, the paper examines the interplay between EU integration and the legal treatment of joint ventures from a public policy perspective, as well as the legislative and judicial practices concerning joint ventures in corporate mergers from the perspective of legal uncertainty.
In the section on domestic and comparative laws of European countries, two studies on the legal development of Germany are featured. The most recent significant reform in German civil law is the implementation of the (Debt Law Reform Act). With the consent of the translators of the "German Debt Law Reform Act," Shao Jiandong and Meng Han, and China University of Political Science and Law Press, we publish an introduction to this act by Professor Christa Wunderlich of Germany, written by the translators, to benefit our readers.
Mr. Zhao Yanqing, a doctoral candidate in law at the University of Freiburg in Taiwan, presents the article "Evidence Prohibition Theory Under the Influence of Fundamental Human Rights—Developments in German Criminal Procedure Law," which comprehensively introduces the new theories and practices of evidence prohibition in German criminal procedure law under the influence of human rights law. His writing style clearly reflects the differences in legal style and thinking between the two sides of the Taiwan Strait. In fact, criminal procedure laws in European countries have been significantly influenced by international human rights law, particularly the European Convention on Human Rights, as evidenced by recent legal developments in Germany, France, and the UK.
Zheng Aiqing's research on Chinese-French labor contracts is also noteworthy. China is in a historical period of transitioning to a market economy and integrating with the global economy after joining the WTO. While workers' rights have gradually improved, they still lack sufficient legal protection. In the relationship between workers and employers, workers are the weaker party. Strengthening their protection is not only determined by China's social nature but also a requirement of social justice. The author selects France, which offers the most comprehensive protection for laborers worldwide, as a comparative case, conducting a thorough study of Chinese and French labor systems from the perspectives of contract formation and termination. Based on this, the paper proposes legislative recommendations to balance the protection of workers' rights and corporate efficiency.
The "" continues to highlight new developments in European law. This issue places greater emphasis on reviews and research in private law. Guo Shuli's article "From Treaty to Regulation: New Developments in EU Private International Law" demonstrates the EU's trend of replacing international treaties with regulations to facilitate rapid and effective cooperation in civil and other fields. With the consent of the French journal Journal du Marché Commun et de l'Union Européenne, we also publish an article by Jacqueline Didier-Delacour, the newly appointed Rector of Paris 2 University and holder of the Jean Monnet Chair in EU Law, titled "Reflections on the EU Commission's White Paper on European Governance." We also congratulate her on her appointment as Rector of Paris 2 University and hope that during her tenure, she will promote legal exchanges and cooperation between this renowned law school and China.
The EU adopted the Treaty of Nice on institutional reform in December 2000 and officially signed it on February 26, 2001. Its ratification process is ongoing among EU member states, with Ireland, which initially rejected the treaty in a referendum, preparing for another vote in October 2002. If all goes as planned, the treaty is expected to be fully ratified by the end of 2002, paving the way for the EU's unprecedented eastward expansion.
The "" in this issue continues to feature the second half of the Treaty of Nice. From the "Academic Exchange Information" section, readers can observe the increasing frequency of legal exchanges between China and Europe. Legal development has always been closely linked to academic exchange, and the convergence of laws among European countries stems from mutual communication and understanding. We hope that numerous Sino-European exchange programs will benefit all involved parties.
In the "Lawyer Biographies" section, Xue Jun, a doctoral student in law in Italy, introduces Mario Tarraffa, a master of Roman law research, and elaborates on the strengths and weaknesses of various schools of Roman law research, particularly the characteristics and appeal of Tarraffa's school, the theoretical implications of Roman law research, and its vibrant future.
In the "Book Reviews, Bibliographies, and Article Lists" section, this issue not only continues to feature research on European law by scholars on the mainland but also specially includes academic achievements from Taiwan, compiled by Xu Yaoming, who is studying in France. However, due to space constraints, this issue can only feature book-related content from Taiwan first.