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27 results

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  • 17 - In the Shadow of the Euro Crisis

  • from Part III - Case Studies and Implications
  • Edited by Dimitry Vladimirovich Kochenov, Central European University in Budapest and Vienna, Kristin Surak, London School of Economics and Political Science
  • Book:
    Citizenship and Residence Sales
    Published online:
    06 April 2023
    Print publication:
    13 April 2023, pp 436-464

  • Summary

    In this chapter, we provide a critical appraisal of the presumed correlation between investment migration and foreign direct investment. Could it be that investment migration is not as effective a form of FDI as has been presented to us? The devil is in the detail, as is always the case. However, it is clear, if we read between the lines in the official statements made about them, that many such programmes are not well designed to attract FDI – the British Tier 1 (Investor) visa could be an example.

  • 12 - Power in the Food Value Chain

  • Edited by Ioannis Lianos, University College London, Alexey Ivanov, Dennis Davis
  • Book:
    Global Food Value Chains and Competition Law
    Published online:
    12 May 2022
    Print publication:
    05 May 2022, pp 256-314

  • Summary

    Chapter 12 introduces a new economic framework to analyse power in the food value chain. Spurred on by the increased interest of policy makers and antitrust authorities over the last decade, academic scholarship has made progress in analysing the origins and consequences of different dimensions of power across the value chain: buyer power, bargaining power, economic dependence. This Chapter summarises the key concepts used to analyse and measure power in the food value chain and explores the different theories of harm that have been developed and occasionally tested in recent cases. Far from representing just a ‘mirror image’ of the exercise of seller power, the analysis of buyer power may at times require a different set of analytical tools and a more detailed, case-by-case understanding of its specific origins and effects. From then on, the authors move to suggesting a broader theoretical framework that would encompass all different dimensions of power in the value chain, under the rubric of vertical power. After defining the theoretical contours of the concept, the authors offer some metrics that enable an empirical verification of the existence and exercise of vertical power.

  • Is the Primacy of EU Law Based on the Equality of the Member States? A Comment on the CJEU’s Press Release Following the PSPP Judgment

  • Justin Lindeboom
  • Journal:
    German Law Journal / Volume 21 / Issue 5 / July 2020
    Published online by Cambridge University Press:
    28 August 2020, pp. 1032-1044
    • Article
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  • In response to the BVerfG’s PSPP judgment, the CJEU issued an unprecedented press release in which it claimed that national courts must give full effect to EU law because this is the only way to ensure the equality of the Member States. While the press release does not contain the word “primacy,” the obligation to give full effect to EU law clearly implies primacy of EU law. This article provides a constructive and critical analysis of the press release’s “equality argument.” First, it demonstrates how the CJEU most likely borrowed it from a recent article by Federico Fabbrini, and how the argument is virtually identical to Kelsen’s defense of international law primacy. Second, it criticizes the equality argument for being inconsistent with the CJEU’s case law, and shows how it is either wrong or tautological. After suggesting three possible reasons why the press release nonetheless justifies primacy in this way, the article concludes by showing how the CJEU’s case law is better conceptualized from a Hamiltonian perspective in which full effect is a goal rather than a means.

The Internal Market and the Future of European Integration
  • Essays in Honour of Laurence W. Gormley
  • Edited by Fabian Amtenbrink, Gareth Davies, Dimitry Kochenov, Justin Lindeboom
  • Published online:
    04 May 2019
    Print publication:
    18 April 2019
  • This collection marks the rich legacy of Professor Laurence W. Gormley's scholarship in the field of EU internal market law, providing a definitive critical appraisal of all the key aspects of the internal market, with an emphasis on goods and judicial protection; Professor Gormley's expert fields. Forty chapters deal with constitutional aspects of the EU internal market, the free movement of goods, persons and services, EMU, public procurement and competition law, institutional and procedural dimensions, and the EU's external relations, which includes matters relating to Brexit. The broad theme of the book, reflecting the many interests of Professor Gormley, will appeal to scholars, students and practicing lawyers. Dealing with both classic, foundational aspects of the EU internal market as well as highly topical matters, such as Brexit, this book will be a most welcome addition to every engaged legal scholar's library, thereby celebrating the legacy of a mentor and dear friend.

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