European Law Newsletter (First Issue)

Author: Zhao Haifeng, Editor-in-Chief; Lu Jianping and others, Editors
Publisher:
Publishing Date: 2001-03-01
Features: In early summer of 2000, while discussing the publication of a collection of essays on European and French law with Ms. Sun Zhiping of the Law Press in Beijing, she suggested the possibility of editing a series of publications on European law. She mentioned that she had discussed the potential title of the series with Editor-in-Chief Jia Jingping of the Law Press, suggesting that it could be named European Law Newsletter (hereinafter referred to as Newsletter). This idea resonated with our long-standing vision. On one hand, Chinese legal studies have focused more on (the Anglo-American legal systems), while language barriers have limited our understanding of the domestic laws of many European countries, especially those of civil law jurisdictions, which are fundamentally close to the civil law system of China. Additionally, we have not given sufficient attention to the rapid development of European integration and its legal system, leading to many misunderstandings, such as misconceptions about the two supranational legal systems in Europe. On the other hand, with the continuous expansion of legal exchanges between China and Europe, particularly the successful implementation of projects like the China-EU Higher Education Cooperation Program, the China-EU "European Law" Project, and the China-EU judicial cooperation program, as well as the increased bilateral legal exchanges between China and European countries and the growing development of European legal studies in China, there is an urgent need for a platform to exchange academic achievements. After discussions with professors Lu Jianping, Yin Tian, Jin Banggui, and Dr. Zhang Ning, we happily decided to form an editorial board and begin editing . The Newsletter aims to be an international-style publication that emphasizes both the discussion of viewpoints and the dissemination of information. Its key feature is the combination of domestic and foreign contributions (including translations), with a significant portion of the content coming from abroad. It seeks to provide continuous updates and reviews on the latest developments in European legal scholarship and legal practice to both the academic and professional communities, while vigorously promoting comparative law research. The Newsletter primarily covers EU law, European human rights law, and the domestic laws of European countries. The first two are supranational and international laws, while the latter is domestic law. However, in Europe, these three areas are closely interconnected due to the process of European integration. The Newsletter mainly includes the following sections: [Papers and Special Articles] publishes research on European law, including comparative law. [Progress Column] reviews and discusses the latest developments in legislation, judicial decisions, and significant cases of the EU, the Council of Europe, and member states, striving to maintain continuity and systematicity in time. [Case Analysis] includes research, analysis, and annotations of influential cases from the EU Court, the European Court of Human Rights, and national courts. [Legal Chronicle] includes brief updates and analyses of legislation, judicial decisions, and significant cases. [Academic and Exchange Information] reflects the progress of China-EU academic and exchange projects, seminars, and other developments. [Book Reviews, Bibliographies, and Article Indices] Book reviews will analyze and introduce important Chinese and foreign works on European law; bibliographies will regularly compile published book catalogs in the three aforementioned fields; article indices will primarily collect information on works published in newspapers and magazines on European law. The establishment of these common sections of a renowned French academic journal is hoped to bring convenience to Chinese readers in their research and application. The content of the Papers and Special Articles section in this volume is mainly divided into two parts: European law and French law. In the European law section, Ren Xiaoxia's article, "Comparative Study of the Two European Legal Systems—Exploring the Connections and Differences Between the Law of the Council of Europe and the Law of the European Union," compares and elaborates on the institutional composition, legal sources, judicial systems, and relationships with member states of the two systems, analyzing their respective roles in European human rights protection and conducting a forward-looking discussion on the relationship between the two legal systems. The article aims to provide a comprehensive introduction to the fundamental aspects of the Council of Europe and the European Union, comparing and analyzing the major similarities and differences between the two legal systems, allowing readers to grasp the overall picture of the European law and human rights law sections of the Newsletter. Ren Xiaohong, Shi Jiayou, and Zhang Lijuan's papers respectively investigate issues of democratic deficit in the EU institutional law, anti-dumping law, and the European Court of Human Rights' protection of social rights. These achievements mostly stem from their research on European law in France under the guidance of teachers at University in Paris, filled with fresh perspectives, comparative methods, and new academic insights. In the French law section, Zhang Li's discussion on the judicial nature of the French Constitutional Council is detailed and rigorous, hoping to clarify some misunderstandings in China on this topic. How can Chinese people become lawyers in France? How does France, a traditionally conservative country, regulate the professional ethics of its lawyers? Faced with the overwhelming advertising campaigns of Anglo-American lawyers in the press, can the (rigorous) and low-key French lawyers begin to advertise? Several studies by practicing French lawyers on legal and case issues provide answers. Closely related to the above content, the Newsletter also publishes several translations on the accelerated trial procedures of the French Commercial Court, competition law, and judicial reforms, as well as related essays. Li Chen compares Chinese and French legislation from the perspective of protecting intellectual property titles and proposes suggestions for China's legislative approach. We welcome more comparative law essays. The Progress Column is one of the features of the Newsletter, aiming to closely follow the pulse of European academia and practice through comprehensive analytical articles. In the European law section, Mikhail Dalmases-Matthias's article, "The European Judicial Area: A Laboratory for Globalization," addresses the three challenges of feasibility, rationality, and legitimacy raised by world law, offering Europe's three lessons and providing an insightful discussion on the significance of European law for legal globalization. The French law content is rich and comprehensive, with a series of articles describing the outline of recent legislative and judicial reforms in France. The French Criminal Code underwent a major reform in June of this year, and the article "Review of the Major Reforms of the French Criminal Code" provides a comprehensive introduction to this reform. France took a pioneering step in labor law by passing the 35-hour workweek law, which has become a model for discussion across Europe and once sparked a massive social movement in France. Zheng Aiqing's article describes and analyzes this law. The French Commercial Court, unique in the world for being presided over by merchants, reflects France's obsession with its history, but the issues have been repeatedly raised, making reform inevitable. The improvement of the Commercial Court also involves France's industrial competitiveness, as tracked by Chen Jinchuan and Zheng Aiqing in their article. The Case Analysis section publishes a review of a recent case of the European Court of Justice and an analysis of two cases in France involving infringement of intellectual property rights on the internet. The Legal Chronicle section includes 35 pieces of information on legislation, judicial decisions, and significant cases with important impacts in Europe. The Legal Biography section introduces Jean Escarra (J.Escarra), a late French eminent commercial law scholar and expert in Chinese law, who wrote the renowned book Chinese Law, published a commentary on the Chinese Criminal Code in France, and translated Liang Qichao's works on legalism. He made significant contributions to the history of Sino-French legal exchange. The Academic and Exchange Information section selects information on China-EU academic and exchange projects, with particular attention to the China-EU Legal and Judicial Cooperation Program, which is currently China's largest foreign legal cooperation program, lasting four years and involving the study and training of Chinese judges, prosecutors, and lawyers in Europe. The Book Reviews, Bibliographies, and Article Indices section aims to facilitate the research and practice of European law scholars and professionals, with this issue primarily introducing Chinese works, while more Western content will be added in the future. This volume of the Newsletter has a relatively short history from planning to publication, resulting in limitations in the content of the articles and the countries of the authors. We hope that as time progresses, more authors from other European countries will actively participate, while warmly welcoming the works of domestic researchers and other authors, transforming the European Law Newsletter into a collection of research achievements on European law from scholars across Europe and beyond. The editorial board of the Newsletter will adopt an open approach, welcoming everyone's participation. We sincerely thank the authors of this volume for their contributions. Additionally, some articles in this Newsletter come from the Journal of Law and Economics, the newsletter of the Legal and Economic Division of the French Association for Science and Technology (FACST), which was founded in 1998 and has now been published in both electronic and print formats for 18 issues. During the establishment of this Newsletter, we were greatly supported and provided with valuable suggestions by Editor-in-Chief Jia Jingping and Ms. Sun Zhiping of the Law Press; we were also cared for and supported by Counselor Cao Guoxing, First Secretary Yan Yongping, Second Secretary Kang Xiulan, former Second Secretary She Shigang, and Professor Wang Zhaozhong, the President of the FACST, of the Chinese Embassy in France; Professor Mikhail Dalmases-Matthias of University and Academician of the French University Institute, who, as always, gave enthusiastic encouragement and support; Mr. Liu Xiaopeng of Paris, Counsel Shi Renlin of the Paris Court of Appeal, and Doctoral Student Zheng Aiqing of University, who gave warm care and assistance; during the editing process of this volume, Counsel Yuan Jin of King & Wood PRC provided substantial specific assistance and offered valuable comments on many articles. We sincerely thank the aforementioned individuals. Zhao Haifeng August 31, 2000, in Paris