Treaty Of Rome Research Articles

A troubled relationship: Yugoslavia and the European Economic Community in détente

The article examines the origins and evolution of Yugoslav policy toward the European Economic Community (EEC) from the mid-1960s until the signing of the Cooperation Agreement in 1980. The signing of the Treaty of Rome and the Community's initial success in the 1960s had a profound impact on the direction of Yugoslav foreign trade. Increased trade relations with the EEC and the domestic introduction of the 1965 Economic Reform proved vital in persuading Belgrade to become the first Communist country to establish diplomatic and trade relations with the Community in 1968. The article argues that these relations in the 1970s became of increasing relevance to the economic and, ultimately, political stability of Yugoslavia.

Prospects for the direct integration of E.E.C. capital markets

Over the past decade the European Economic Community has made incredible strides toward the realisation of the goals established by the architects of the Rome Treaty. The achievement of a customs union will occur a full year and a half in advance. In addition, progress has been made toward the achievement of economic union and considerable strides have been made toward uniform policies in the areas of transportation, labour, taxation and company organisation. Probably the most difficult area in which member countries have sought agreement is that of capital movements. The present article analyses the prospects for the integration of capital markets and the removal of restrictions on capital movements within the EEC. The author considers the implementation of Article 67, the origins of obstacles to further liberalisation, and the prospects for the third directive.

Revolutionizing European Law: A History of the Van Gend en Loos Judgment (Abstract only)

Did the famous Van Gend en Loos judgment constitute a breakthrough for a constitutional practise in European law or was it merely drawing the logical legal consequences of earlier case law and of the Treaties of Rome? Based on comprehensive archival studies, this article argues that neither earlier case law nor the Treaties of Rome can fully account for the judgment. Instead, Van Gend en Loos represented a genuine revolution in European law. Prompted by the legal service of the European Commission, the European Court of Justice (ECJ) took a decisive step towards addressing two major problems of international public law, namely the lack of uniform application of European law by national courts across the six member states and the lack of primacy granted to international law in several member states. The judgment was based on a new teleological and constitutional understanding of the Treaties of Rome developed by the legal service, and took the first step towards establishing an alternative enforcement system. The ECJ would already in 1964 take the second step by introducing primacy in the Costa v. E.N.E.L. judgment. The new enforcement system remained highly fragile, however, due to the dependency on the cooperation of national courts through the preliminary reference system. As a result, the full effects of the Van Gend en Loos judgment were only felt after the Single European Act (1986) pushed reluctant national governments and courts to finally come to terms with the legal order the ECJ had developed.

European Psychiatric Association (EPA) Guidance on Post-graduate Psychiatric Training in Europe

The European Union Free Movement Directive gives professionals the opportunity to work and live within the European Union, but does not give specific requirements regarding how the specialists in medicine have to be trained, with the exception of a required minimum of 4years of education. Efforts have been undertaken to harmonize post-graduate training in psychiatry in Europe since the Treaty of Rome 1957, with the founding of the European Union of Medical Specialists (UEMS) and establishment of a charter outlining how psychiatrists should be trained. However, the different curricula for post-graduate training were only compared by surveys, never through a systematic review of the official national requirements. The published survey data still shows great differences between European countries and unlike other UEMS Boards, the Board of Psychiatry did not introduce a certification for specialists willing to practice in a foreign country within Europe. Such a European certification could help to keep a high qualification level for post-graduate training in psychiatry all over Europe. Moreover, it would make it easier for employers to assess the educational level of European psychiatrists applying for a job in their field.

Revolutionizing European law: A history of the Van Gend en Loos judgment

Did the famous Van Gend en Loos judgment constitute a breakthrough for a constitutional practise in European law or was it merely drawing the logical legal consequences of earlier case law and of the Treaties of Rome? Based on comprehensive archival studies, this article argues that neither earlier case law nor the Treaties of Rome can fully account for the judgment. Instead, Van Gend en Loos represented a genuine revolution in European law. Prompted by the legal service of the European Commission, the European Court of Justice (ECJ) took a decisive step towards addressing two major problems of international public law, namely the lack of uniform application of European law by national courts across the six member states and the lack of primacy granted to international law in several member states. The judgment was based on a new teleological and constitutional understanding of the Treaties of Rome developed by the legal service, and took the first step towards establishing an alternative enforcement system. The ECJ would already in 1964 take the second step by introducing primacy in the Costa v. E.N.E.L. judgment. The new enforcement system remained highly fragile, however, due to the dependency on the cooperation of national courts through the preliminary reference system. As a result, the full effects of the Van Gend en Loos judgment were only felt after the Single European Act (1986) pushed reluctant national governments and courts to finally come to terms with the legal order the ECJ had developed.

Integracioni procesi na evropskom tržištu i proces harmonizacije finansijskog izveštavanja

Treaty of Rome set the goals of the European single market. With the establishment of the common market and the progressive approximation of the economic policies of the Member States, contributing to the harmonious development of economic activities, a continuous and balanced development, increase stability, rapid rise in living standards and close cooperation between the Member States. The Treaty of Rome was signed by six countries (Belgium, Germany, France, Italy, Luxembourg and the Netherlands) 25 March 1957 in Rome. Agreements to establishing the European Union signed in Maastricht on 7 February 1992, set out the following objectives related to the single market, promote balanced and sustainable economic and social progress, in particular by creating an area without internal frontiers, by strengthening economic and social cohesion and by the establishment of economic and monetary union, whose ultimate goal is the introduction of the single currency. Two ways to achieve these goals were: the abolition of borders, allowing free movement of goods, persons, services and capital within the EU and the establishment of common policies and financial instruments in all Member States, which is the aim and object of research. The second chapter will discuss the implementation of the single European currency, the euro, the third on the objectives of financial reporting, the fourth division of the internal users and external users, in the fifth on the importance of harmonization of financial reporting, while at the end of the paper presented the main conclusions.

EPA-1752 – European psychiatric association (EPA) guidance on post-graduate psychiatric training in Europe

The European Union Free Movement Directive gives professionals the opportunity to work and live within the European Union, but does not give specific requirements regarding how the specialists in medicine have to be trained, with the exception of a required minimum of 4 years of education. Efforts have been undertaken to harmonize post-graduate training in psychiatry in Europe since the Treaty of Rome 1957, with the founding of the UEMS (European Union of Medical Specialists) and establishment of a charter outlining how psychiatrists should be trained. However, the different curricula for post-graduate training were only compared by surveys, never through a systematic review of the official national requirements. The published survey data still show great differences between European countries and unlike other UEMS Boards, the Board of Psychiatry did not introduce a certification for specialists willing to practice in a foreign country within Europe. Such a European certification could help to keep a high qualification level for post-graduate training in psychiatry all over Europe. Moreover, it would make it easier for employers to assess the educational level of European psychiatrists applying for a job in their field.

EPA-1472 – Harmonisation of psychiatric training across Europe

The treaty of Rome aimed at the realisation of free exchange of persons, services, goods and capital all over Europe. The need for mutual recognition of basic and specialist medical qualifications was very quickly recognised. The European Directive 93/16/EEC (1993) established the most recent legal basis for it. Ever since its founding in 1958 the Union Europeenne de Medecins Specialistes - official name for the European Union of Medical Specialists - has been standing for high standards in postgraduate training (PGT), Continuing Medical Education and Professional Development (CME and CPD) and Quality Assurance. Only these elements will be able to provide patients witht high quality care all over Europe. This presentation will highlight main past and future strategies of the UEMS Section of Psychiatry in view of increased migration after the major political changes in Europe during the early nineties of last century.

Policy Harmonization: Limits and Alternatives

Globalization is an important reason for the current interest in the harmonization of national policies. In the European Community/Union harmonization of the national laws and policies of the member states was one of three legal techniques the Rome Treaty made available for establishing and maintaining a common market. The long history of policy harmonization in the EC/EU provides a good empirical basis for a more general analysis of the benefits and costs of a centralized approach to transnational policymaking. The main alternative to centralized harmonization is competition among different approaches to comparable policy problems.

자유주의 정의관과 세계화의 대응방식으로서 EU의 사회정책

European Union (EU) is a transnational political body that constitutes one of the pillars of the triadic global economy. This study is designed to examine EU's social policies as an example of global social policies within the context of global environment. To define the focuses and research methodologies, this study tried the following steps:First, this study contemplates on the intrinsic meaning of liberal justice, understands how the principles of laissez-faire and neo-liberalism have affected globalization and raises a question about whether neo-liberal globalization poses a challenge to liberal justice. It is necessary to understand the underlying justice (principle) of social policies when looking at the social policies of EU. It should be noted that European social policies pursue freedom and equality (i.e. the basic value of the modern western world) that liberal justice tries to protect and realize. In the history of philosophy, it is only natural to discuss justice within the context of liberal tradition as far as it encompasses moral values that pursue freedom and equality. Second, this study looks over different reform measures that have been taken in Europe since the Treaty of Rome until the Treaty of Lisbon and examines their evolution and implications. European social policies have developed in a direction to reinforce the principle of western modernism that are deeply engraved in their identity. The principle of modernism means protecting basic human rights based on individual freedom. Also, European social policies are not a mere Annex to realize a European economic community, but a strong locomotive to establish and expand pan-European social policies. This is based on the notion that social integration is not a natural result of economic integration, but builds on political and economic integration. Also, establishing and expanding pan-European social policies is an evolution of European social policies into strengthening EU authorities. Unlike early social policies of that were a supplementary mechanism for economic purposes, like facilitating labor exchanges within a common market, today's social policies, although they are still supplementary to social policies of individual member states, are empowering EU's authority to proactively coordinate members' activities. Third, this study evaluates European social policies from the perspective of liberal justice on the previous step. In principle, studies on European social policies are multi-disciplinary, encompassing international relations, regional integration and policy studies. However, this study is to design a new multi-disciplinary study that applies normative justice to the evolution of European social policies. Although European social policies have contributed to promoting basic human rights and protecting labor rights, they have clear limitations. Above all, EU has no binding power and its members inevitably pursue benefits of their own states. EU's efforts for social integration by social policies have been made through multilateral agreements between members, not through democratic processes of the European Parliament. EU social policies resulted from state-to-state negotiations based on elitism reflects only common interest of member states; and plans that may be in conflict with a certain member's interest may be discarded or declared without binding power because of the governance, including the unanimity system. From the liberal justice perspective, however, European social policies bring the equality mechanism to neo-liberal market disciplines. As new constitutionalism, which insists rights and benefits of capital precedes any legal or community value, underpins as the norm at interstate negotiations, it discourages generating social policies necessary to handle social welfare and social exclusion even though they do not pursue economic benefits.

Industrial policy in the European Common Market

While the Rome Treaty provides various provision with regard to industrial policy, it does not consider the interrelationships among them, nor does it contemplate the measures that would need to be taken to remove existing obstacles to the intra-EEC movement and merger of firms. The present paper considers the measures necessary for removing existing obstacles to the full exploitation of the advantages of the large market created by the EEC’s establishment. It examines the issues related to establishing a common technological policy and the implications these actions will have on competition in the Common Market. In connection with this issue, the requirements of a balanced policy between encouraging and restraining concentration are discussed.

From colonial power to human rights promoter: on the legal regulation of the European Union's relations with the developing countries

Half a century ago, at the inception of what today has become the European Union (EU), several EU member states held colonies around the world. Today most of these colonies have become independent states, but many continue to have close links with Europe. This article analyses the development of the legal regulation of these links from the signing of the Treaty of Rome in 1957 until the entry into force of the Lisbon Treaty in late 2009. Based on this analysis the article goes on to discuss whether the proposition that the EU has developed into a normative power is supported by the legal analysis. It is concluded that the legal analysis lends strong support to the view that the EU seeks to be a normative power vis-à-vis the developing countries.

Montagna e aree interne nelle politiche di coesione territoriale italiane ed europee

This paper discusses whether it is best to make a distinction between policies for mountain areas and more general policies for ‘internal areas’ as recently proposed by the Minister for territorial cohesion. To achieve this, it reconstructs the development of the concept of mountain areas as an important category in Italian public policies starting with its place in the Constitution and in European policies starting with the Treaty of Rome. It compares these ‘juridical’ mountain regions with those found in studies conducted within various disciplines. It identifies the distinguishing features of these and compares them with the main policies that relate to them. It concludes that the category ‘internal areas’ is too broad to furnish an effective response to some of the most important problems of mountain regions, but that it is also too restrictive because it addresses rural areas only, without considering the role of cities between (intra-) and on the outskirts (peri-) of mountain areas in the processes of development and territorial cohesion.

Moederschap en materialiteit - Diane, Stephen, Liam en Joel Blood

In 1998 and 2002, U.K. citizen Diane Blood conceived sons from a sample of her late husband Stephen’s sperm in a private Belgian fertility clinic. Although Stephen’s sperm was illegally harvested from his comatose body in 1995, the British Court of Appeal decided in 1997 that Diane was not to be prevented from consuming commercial infertility service in a European member state pursuant to the terms of the Treaty of Rome (1957). As a result, I try to show, Stephen’s sperm was effectively reconstituted as a material resource, passive and dispossessed, for usage in a commercial transaction. This article discusses the ramifications and implications of this case and the developments it pinpoints, and calls for a reconsideration of the consensus view according to which (material) sex and (discursive) gender are seen as distinct from each other, if not altogether opposed to each other. From the perspective of the Diane Blood case, the article revisits the advantages and drawbacks of the sex/gender split in influential writings by Eve Sedgwick and Judith Butler, then to move to indicate a persistent association between an excessive materiality and femininity running from Aristotle to contemporary psychoanalytic theory (Kristeva). After analyzing the paradoxical and anachronistic forms of maternity that inform the Blood case, I conclude that medical, commercial and technological advances have forged the full materialization of the male body and its reproductive capability, thus questioning the very form of gender in the future.

Free Movement and Labour Rights: Squaring the Circle?

When the Treaty of Rome was signed in 1957, its main focus was on creating a single market where free movement of goods, persons, services and capital could be ensured. It therefore regarded labour above all as a factor of production in respect of which the principle of free movement was to apply. The Treaty did contain a Title on Social Policy but its content was derisory. Subsequent Treaty amendments and the emergence of a body of secondary legislation helped to adjust this perspective on labour issues and developed what the Commission describes as the European Social Model. However, that very social model is now under threat. The threat stems from a variety of sources: concerns about the rigidity of labour law has led to pressure for greater flexibility, the eurozone crisis has led to major reform of a number of national systems of labour law, and, for the purposes of this paper, the decisions of the Court of Justice in Viking and Laval. Against the backcloth of the eurozone crisis, the Court’s unwillingness to engage in a genuine balancing between the economic and social dimension of the EU, meant that these cases became totemic for the trade union movement of all that was bad about the EU. The Monti II proposal was intended to help address some of these problems; it was roundly rejected by the national legislatures and received the first yellow card under the new Lisbon procedure. The aim of this paper is to consider the various ways of addressing the problems generated by the decisions in Viking and Laval in the light of the Monti II proposal.

Showbiz Legislation in Italy and Albania: Comparative Analysis

Legal decision-making in Albania as well as in EU countries (including Italy) concerning culture and showbiz is relatively recent. The Treaty of Rome did not contain in fact any specific chapter or paragraph for treating cultural policies. Only in the Treaty preamble was indirectly suggested that the culture is a unifying element and promoter of socio-economic development.In Albania, due to known causes, decision-making concerning culture and showbiz has been of secondary, let alone tertiary level. Shifting from a centralised and ideologised model of cultural policy that had nothing to do with the free market rules to a new model was traumatic. The absence of mentality, in particular, as well as the legal vacuum made it for many artists and individuals working in the domain of arts, the new reality to be experienced as a failure. Italy could offer a model to follow but the terrain for having it adapted, and moreover to have it applied was not one of the most compatible with this new wave of changes. Nevertheless, the great number of foreign artists having come to Albania (most of them from Italy) influenced not only the transformation of the etatist mentality of art-making and culture but also encouraged lawmakers and artists for drafting a modern legal framework on showbiz. Thus, acknowledging the great cultural and social value of the showbiz, the main objective is the verification of the current normative stage of this sector in both countries, highlighting the differences, similarities, possible legal gaps, with the aim of formulating proposals and fulfil legal gaps, considering the need for approximating the Albanian legislation to the principles of community law. This is the objective this comparative analysis aims to achieve. DOI: 10.5901/ajis.2013.v2n2p415

WPŁYW ORDOLIBERALIZMU NA ROZWÓJ POLITYKI KONKURENCJI W RFN I UNII EUROPEJSKIEJ

Ordoliberal doctrine and its recommendations on competition policy is an original German contribution to the development of economics and law. This theory has had an enormous impact on the development of German anti-trust legislation, and also contributed to the Treaties of Rome, including EU competition law. Despite various claims, which are directed towards it still has an impact on the shape of European law by using some of ordoliberal definitions and rules in the courts of the EU and the European Commission's decision-making practice.

Economic Globalization and the Role of Nation-State in Economy: The Case of EU

The aim of this research is to study the relationship between the role of nation-states in economy and the economic globalization by application of economic integration theory. The research aims to answer “how the economic globalization influences the role of nation-states in economy in context of economic integration levels”. In my research paper, I will use cross-sectional observational studies for single case study method of qualitative research through controlling the time. Firstly, I will analyze the role of nation-states in economy at different levels of economic integration such as free trade, custom union, common market, monetary and economic union. Later, I will observe the effects of economic integration over the role of nation-states in economy through exploring the European Union case. I will include the Treaty of Rome and Maastricht treaty into my research which enables to observe the legal responsibilities of nation-states while deepening of the economic integration. Consequently, those responsibilities or obligations forces member states to give up some policy tools in favor of economic integration which causes decreasing of their role in economy.

THU0456 A comparatvie study of rheumatology training across three european countries

BackgroundFree circulation of medical specialists within the European Union was approved under the Treaty of Rome in 1993. To maintain standard of care and support easy flow of medical specialists...

CAP Reform and the Objectives of the Common Agricultural Policy

While the Treaty objectives of the Common Agricultural Policy (CAP) as now expressed in Article 39 of the Treaty on the Functioning of the European Union may not themselves have been amended, this contribution considers whether amendments elsewhere within the Treaty, together with interpretation by the Court of Justice of the European Union (CJEU), have gone some way towards producing a broader Treaty framework, more sensitive to the numerous demands now being made of agriculture. Although there are grounds for holding that there is not full alignment between the current reform proposals and the Treaty objectives of the CAP as enshrined in Article 39(1) TFEU, together with the broader Treaty framework, some caution might be prudent before proceeding to major Treaty amendment. The original objectives as laid down in the Treaty of Rome have found a new resilience and are perhaps more relevant now than two decades ago, so any amendment might usefully take the form of expansion as opposed to deletion, as it is not difficult to conceive that each of the five original objectives will be accorded at least temporary priority over the years ahead.