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Common Market Law Review
Journal Prestige (SJR): 0.935

Citation Impact (citeScore): 1
Number of Followers: 195

Full-text available via subscription

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ISSN (Print) 0165-0750 - ISSN (Online) 0165-0750
Published by Kluwer Law International

[21 journals]

Cumulative Index Volumes 1–57
- Abstract: Volume 57 Online ISSN 0165-0750
  PubDate: Sat, 27 Feb 2021 00:01:06 GMT
  Issue No: Vol. 57 (2021)
Conference Report: The 29th annual joint meeting of the British
Institute of International and Comparative Law and the Europa Institute of
the University of Leiden, in Leiden, 30 June 1990
- Abstract: Volume 27 Online ISSN 0165-0750
  PubDate: Tue, 09 Feb 2021 00:01:05 GMT
  Issue No: Vol. 27 (2021)
Editorial Comments
- Abstract: Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Survey Of Literature
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Book review: European Private International Law and Member State Treaties
with Third States. The Case of the European Succession Regulation,, by
Anatol Dutta and Wolfgang Wurmnest. (Cambridge: Intersentia, 2019)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Book review: EU Law Beyond EU Borders. The Extraterritorial Reach of EU
Law, by Marise Cremona and Joanne Scott. (Oxford: Oxford University Press,
2019)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Shopping for social security law in the EU
- Abstract: This article explores the extent to which EU law does and should enable undertakings to control which Member State’s contribution rate applies to them. By relying on posted workers, for example, undertakings can “shop” for the cheapest social security law, lowering their labour costs; this is, however, to the detriment of workers, competitors, and social security systems. The article seeks to determine when conflict rules excessively facilitate law shopping. It then discusses how legislators and courts can complicate law shopping by framing it as abuse, redesigning rules, interpreting them teleologically, and improving their enforcement.
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Constitutional identity and judicial cooperation in civil matters in the
European Union – An ace up the sleeve'
- Abstract: The reliance on constitutional identity by EU courts and governments has been widely discussed in legal scholarship, but less attention has been devoted to the impact of constitutional identity-based arguments on the evolution of judicial cooperation in civil matters. Member States have increasingly relied on constitutional identity in the area of private international law to claim the application of their own law or reject the recognition of foreign situations. Constitutional identity can be invoked through the public policy exception, to avoid the normal operation of private international law rules. Member States can also refer to constitutional identity when staying outside the adoption of EU private international law rules, especially regarding family law. Constitutional identity can thus impede judicial cooperation in civil matters and contribute to the fragmentation of EU private international law. Constitutional identity does not grant unfettered freedom to Member States, however. The autonomous private international law rules of the Member States must respect EU fundamental principles if the situation demonstrates some connection to EU law and the public international law obligations assumed by the Member State concerned.
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Knock, and it shall be opened unto you: Standing for non-privileged
applicants after Montessori
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Book review: EU State aid Law. Emerging Trends at the National and EU
Level, by Pier Luigi Parcu, Giorgio Monti and Marco Botta. (Cheltenham:
Edward Elgar, 2020)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
A. Court of Justice Protecting Polish judges from Poland’s Disciplinary
“Star Chamber”: Commission v. Poland (Interim proceedings)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Book review: Renationalisation of the Integration Process in the Internal
Market of the European Union, by Robert Grzeszczak. (Baden-Baden: Nomos,
2018)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Book review: Jahre Europäischer Wirtschaftsraum. Ein
Integrationsszenarium auf dem Prüfstand, edited by Andreas Th. Müller
and Werner Schroeder. (Beiheft 1. Baden-Baden: Nomos, 2020)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Minimum harmonization and the limits of Union fundamental rights review:
TSN and AKT
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Book review: Eine Pflicht zum Finanzausgleich innerhalb der Europäischen
Union', by Katrin Kroll. (Baden-Baden: Nomos, 2019)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Book review: New Economic Constitutionalism in Europe, by George
Gerapetritis. (Oxford: Hart Publishing)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Equivalence in the area of financial services: An effective instrument to
protect EU financial stability in global capital markets'
- Abstract: The article investigates whether the main EU regulatory mechanism for managing cross-border trade in financial services with third countries, the EU equivalence regime, is compatible with the post-financial crisis objective of protecting financial stability. Equivalence allows third-country financial firms to operate in the internal market on the basis of their home country regulation if this is equivalent to EU law. There are three different procedural safeguards to avoid financial stability risks: a) ex ante assessment of third countries’ regulation to ensure regulatory compatibility between the EU and the third country; b) ex post withdrawal of market access if cross-border liberalization triggers a “race to the bottom”; and c) direct supervision of systemic third-country entities to prevent them from becoming vectors of cross-border systemic risk. The article argues that those safeguards are ineffective in protecting the internal market from external risks. It proposes two alternative reforms. First, the EU could replace equivalence with a system of substituted compliance, following the US model where foreign financial firms must register with local authorities and follow host country regulation. Alternatively, the EU could reinforce the assessment, withdrawal, and supervisory procedure by harmonizing the current patchwork of different
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
In search of effectiveness and fairness in proving algorithmic
discrimination in EU law
- Abstract: Examples of discriminatory algorithmic recruitment of workers have triggered a debate on application of the non-discrimination principle in the EU. Algorithms challenge two principles in the system of evidence in EU non-discrimination law. The first is effectiveness, given that due to algorithmic opacity, the parties in algorithmic discrimination cases do not have easy and unrestricted access to facts enabling them to support their claims. The second is fairness, insofar as the launching and unfolding of the evidentiary debate requires lifting the veil of algorithmic opacity: a colossal task, placing unrealistic burdens of proof on claimants and respondents. Algorithmic discrimination thus seems impossible to prove and, consequently, falls outside the scope of application of EU non-discrimination law. Two possible solutions are proposed. First, as regards effectiveness, a right to access evidence in favour of victims of algorithmic discrimination should be recognized, through a joint reading of EU non-discrimination law and the General Data Protection Regulation. Second, to allocate the burden of proof more proportionately, an extension of the grounds for defence of respondents could allow them to establish that biases were autonomously developed by an algorithm.
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Why less is not always more: Mother’s pensions and parenthood in
WA
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Book review: Legal Methods. How to work with legal arguments, by Thomas
M.J. Möllers. (unich / Baden-Baden / Oxford: C.H. Beck / Nomos / Hart,
2020)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)
Book review: Criminal Law Principles and the Enforcement of EU and
National Competition Law. A Silent Takeover', by Marc Veenbrink.
(Alphen aan den Rijn: Wolters Kluwer, 2019)
- Abstract:
  Volume 58 Online ISSN 0165-0750
  PubDate: Sun, 31 Jan 2021 00:01:05 GMT
  Issue No: Vol. 58 (2021)