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.

Reclame

Pierre Larouche, Péter Cserne, (Eds.), National Legal Systems and Globalization. New Role, Continuing Relevance

Pierre Larouche, Péter Cserne, (Eds.), National Legal Systems and Globalization. New Role, Continuing Relevance, Springer, 2012

This book sheds a new light on the fate of national legal systems in an era of globalization, with a more optimistic message than elsewhere in the literature This book was written by a team of experts in comparative law and law and economics, two perspectives which are rarely brought together This book also contains many practical studies, on the Draft Common Frame of Reference, the new civil codes of Central and Eastern Europe, EU electronic communications and energy regulation (both institutional and substantive), impact assessments, as well as the national and European judiciary

For the researchers involved in this book, the prospects of national law seemed less dire than is usually acknowledged. The project team shows that globalization, instead of threatening national legal systems, puts them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples. It sheds a new light on the fate of national legal systems, with a more optimistic outlook. Researchers and practitioners alike will experience how this research project brings us a step forward in the understanding of the evolution of national legal systems in the globalization era.

The research for this book, in which a team of experts in comparative law and law and economics took part, was commissioned and funded by HiiL (The Hague, the Netherlands), as a project named Convergence and divergence of national legal systems: coping with the challenges of globalization. It was carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University (the Netherlands) under the direction of Pierre Larouche.

Pierre Larouche is Professor of Competition Law at Tilburg University and a founding director of TILEC. Péter Cserne is now Senior Lecturer in law, University of Hull (United Kingdom) and an extramural fellow of TILEC.

Table of contents

Preface

Chapter 2. Convergence and Divergence, in Law and Economics and Comparative Law

 

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

Croatia – stat membru al UE din 01 iulie 2013

Croatia – stat membru al UE din 01 iulie 2013

Comunicatul Consiliului, 09.12.2011

Istoricul aderarii Croatiei

Un citat

„Now [eurosceptics] understand that one of the issues that the markets are looking at is the capacity of the euro area to have quick answers because the markets are very fast and democratic procedures are always slower than the markets. And we have to understand this.”

De aici.

Arheologie postmoderna langa Praga

Aici.

Sapati…sapati, dar ceva artefacte? Omul sa fi fost chiar transsexual? Iar cultura (un fel de Cucuteni local) ar fi denumita „Corded Ware”.

Stiti cum se spune prin popor: (poate) „s-o fi rasucit in mormant”…

Tobias Lock, The ECJ and the ECtHR: The Future Relationship between the Two European Courts

ECHR Blog ne atrage atentia asupra unui articol interesant:

Tobias Lock, The ECJ and the ECtHR: The Future Relationship between the Two European Courts, Law and Practice of International Courts and Tribunals, volume 8, no. 3/2009

Abstract

The current relationship between the two European courts has been discussed in some great detail while the future of that relationship has been widely neglected. This is somewhat surprising as the entry into force of the Lisbon Treaty and with it of the EU Charter of Fundamental Rights as well as the EU’s succession to the ECHR are probably going to take place before too long. The article first examines Article 52(3) of the Charter, which prescribes that the ECHR be the minimum standard of human rights in the EU. It is argued that Article 52 (3) does not entail a reference to the ECtHR’s case law so that the ECJ will not be bound by that case law. After an accession of the EU to the ECHR, it is likely that both courts will assert that they have exclusive jurisdiction over the ECHR in inter-state cases, which creates a jurisdictional conflict for which a solution must be found. In addition, the article explores whether after an accession, the Bosphorus case law will have a future and whether the dictum found in Opinion 1/91 will be applicable, according to which the ECJ is bound by the decisions of courts created by an international agreement to which the EC is a party.