Pavlos Eleftheriadis, Democracy in the Eurozone

Pavlos Eleftheriadis,  Democracy in the Eurozone (May 15, 2013). WG Ringe and P Huber (eds), Legal Challenges Arising out of the Global Financial Crisis: Bail-outs, the Euro, and Regulation (Oxford: Hart Publishing) (2013, Forthcoming); Oxford Legal Studies Research Paper No. 49/2013. Available at SSRN

Abstract:

In December 2012 Four Presidents of the European Union (of the European Council, the Commission, the Central Bank and the Eurogroup) issued a paper outlining steps for a ‘genuine monetary union’ promising among others better democratic accountability for its institutions. This essay asks if an entity like the European Union – and the Eurozone within it – can indeed become democratic. I distinguish between two approaches to democracy, first as collective self-government or, second, as set of egalitarian institutions. The essay argues that the German Federal Constitutional Court supports the first theory and for that reason is very cautious of the idea of bringing democracy to the European Union. The collective view believes that without a single people, there cannot be self-government. The second theory accepts the primacy of domestic democracy but allows, by contrast, for international institutions of democratic accountability that support domestic democracy. I offer some arguments for this view and conclude that the four Presidents are not mistaken in endorsing the ambition of democratic accountability for the Eurozone. The European Union is a union of peoples. A union of this kind can become more democratic without seeking to become a democracy.

European Consumer Protection. Theory and Practice, CUP, 2012

European Consumer Protection. Theory and Practice, Edited by James Devenney, Cambridge University Press, 2012.

 

Introduction James Devenney and Mel Kenny; Part I. Consumer Protection Strategies and Mechanisms in the EU: 1. From minimal to full to ‘half’ harmonisation Norbert Reich; 2. Comment: the future of EU consumer law – the end of harmonisation? Christian Twigg-Flesner; 3. Two levels, one standard? The multi-level regulation of consumer protection in Europe Vanessa Mak; 4. A modernisation for European consumer law? Cristina Poncibò; 5. Effective enforcement of consumer law: the comeback of public law and criminal law Peter Rott; 6. E-consumers and effective protection: the online dispute resolution system Immaculada Barral-Viñals; 7. Unfair terms and the draft common frame of reference: the role of non-legislative harmonisation and administrative co-operation? James Devenney and Mel Kenny; Part II. Conceptualising Vulnerability: 8. The definition of consumers in EU consumer law Bastian Schüller; 9. Recognising the limits of transparency in EU consumer law Chris Willett and Martin Morgan-Taylor; 10. The best interests of the child and EU consumer law and policy: a major gap between theory and practice? Amandine Garde; 11. Protecting consumers of gambling services: some preliminary thoughts on the relationship with European consumer protection law Alan Littler; Part III. Contextualising Consumer Protection in the EU: 12. Consumer protection and overriding mandatory rules in the new Rome I regulation Christopher Bisping; 13. Determining the applicable law for breach of competition claims in the Rome II regulation and the need for effective consumer collective redress Lorna Gillies; 14. Horse sales: the problem of consumer contracts from a historical perspective Warren Swain; 15. The role of private litigation in market regulation: beyond ‘legal origins’ Axel Halfmeier; 16. Advertising, free speech and the consumer Paul Wragg; 17. Are consumer rights human rights? Monika Jagielska and Mariusz Jagielski; 18. Consumer protection in a normative context: the building blocks of a consumer citizenship practice Jim Davies; 19. Recommended changes to the definitions of ‘auction’ and ‘public auction’ in the proposal for a directive on consumer rights Christine Reifa; 20. Consumer law regulation in the Czech Republic in the context of EU law: theory and practice Blanka Tomančáková; 21. Resistance towards the unfair terms directive in Poland: the interaction between the consumer acquis and a post-socialist legal culture Rafał Mańko; Part IV. Conclusions: 22. European consumer protection: theory and practice Mel Kenny and James Devenney.

 

 

Sylvain Brouard, Olivier Costa, Thomas König (Eds.), The Europeanization of Domestic Legislatures. The Empirical Implications of the Delors’ Myth in Nine Countries

Sylvain Brouard, Olivier Costa, Thomas König (Eds.), The Europeanization of Domestic Legislatures. The Empirical Implications of the Delors’ Myth in Nine Countries, Springer, 2012, VIII, 244 p. 41 illus., 30 in color.

Table of contents [pdf.]

Chapter 2. Thomas Konig, Tanja Dannwolf, Brooke Luetgert, EU Legislative Activities and Domestic Politics [pdf]

 

– Addresses several strong theses, including those of G. Majone, A. Moravcsik, and Martin and Vanberg, about Europeanization and legislation

– Includes an annex with extensive quantitative data on law Europeanization, detailed by country, type of norm, topic, period of time, etc

– Provides a method by which to measure Europeanization

In ten years 80 per cent of the legislation related to economics, maybe also to taxes and social aff airs, will be of Community origin.” This declaration has been largely quoted, paraphrased and deformed by different authors, creating a persistent myth according to which 80% of the legislative activity of the national legislatures would soon be reduced to the simple transposition of European norms”. This book addresses the topic of the scope and impact of Europeanization on national legislation, as a part of the Europeanization debate which raises normative concerns linked to the “democratic deficit” debate. The state of the art shows that there are many assumptions and claims on how European integration may affect national legislation and, more generally, domestic governance but that there is a lack of solid and comparative data to test them. The aim of the book is to give a solid and comparative insight into Europeanization focusing on effective outcomes in a systematic way. This book analyzes the period 1986-2008 and includes an introduction, a global overview of European legislative activities which set the background for Europeanization of national legislatures, 9 country contributions (8 EU member states + Switzerland) including systematic, comparative and standardized data, tables and figures, and a conclusion with a comparative analysis of the European and domestic reasons for Europeanization.

 

All national contributions conclude that Europeanization of national legislation is much more limited than assumed in the literature and public debate. It is limited to 10 to 30% of laws (depending on the country), far less than the 80% predicted by Jacques Delors and mentioned daily by medias and public opinion leaders to demonstrate EU domination on member states. Beside that general statement, the various chapters propose a deep insight on EU constraint over national legislation, providing much information on the kind of laws and policies that are Europeanized, the evolution of this process through time, the impact of Europeanization on the balance of powers and the relations between majority and opposition at national level, the strategies developed by national institutions in that context, and many other issues, making the book of inter

Bernhard Großfeld, Dreaming Law. Comparative Legal Semiotics

Bernhard Großfeld, Dreaming Law. Comparative Legal SemioticsGerman Law Publishers, 2010, 302 p., ISBN 978-3-941389-05-2

 Comparative lawyers have to deal with many questions: What is law at home and abroad, what are legal rules here and there? How can we compare the largely unknown? The author Prof. Dr. Bernhard Grossfeld answers as follows: Law is part of a people´s identity as an imagined community and stands for a common dream, e.g. an American dream or a German dream. Geography and communications with signs form these dreams. In various chapters Grossfeld decodes the connections of religion, literature, poetry, music and mathematics with law.

Cuprins

B. Dreams

European Union Act 2011 (Regatul Unit)

Textul Legii britanice privind Uniunea Europeana din 2011 aici. Cu certitudine, despre aceasta lege se va mai discuta.

Noua Constitutie maghiara (2011)

In traducere engleza.

Consiliul de Stat (Franta) – anularea unei circulare privind evacuarea taberelor ilicite

Asadar, la 7 aprilie a.c., Consiliul de Stat a anulat o circulara (din 5 august) (va mai amintiti, au pomenit si „jurnalistii” (sic!) nostri despre ea, la vremea potrivita), retinand excesul de putere. Este vorba despre o actiune introdusa de o asociatie – „SOS Racisme- Touche pas à mon pote”.

Gasiti textul deciziei aici.