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Building a Socioeconomic Constitution: a Fantastic Object?
Fordham International Law Journal Volume 35, Issue 5 2017 Article 7 Building a Socioeconomic Constitution: A Fantastic Object? Erica Szyszcak∗ ∗University of Leicester, United Kingdom Copyright c 2017 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj BUILDING A SOCIOECONOMIC CONSTITUTION: A FANTASTIC OBJECT? Erika Szyszczak" INTRODUCTION 1365 I. NEW VALUES 1366 I. THE LEGAL BASIS FOR A SOCIOECONOMIC CONSTITUTION 1370 II. IN RETROSPECT: THE EVOLUTION OF SOCIOECONOMIC RIGHTS IN THE EUROPEAN UNION 1374 I1. ARTICLE 3 OF THE TEU: SOCIAL VALUES AS OBJECTIVES OF THE EUROPEAN UNION 1378 IV. HORIZONTAL CLAUSES 1380 V. THE ROLE OF COMPETITION IN THE INTERNAL MARKET 1381 VI. THE MODERNIZATION OF THE INTERNAL MARKET 1386 VII. CREATING A SOCIOECONOMIC AGENDA FOR THE INTERNAL MARKET 1387 A. The Lisbon Strategy 2000-2010 1387 B. New Governance Europe 2020 1391 VIII. THE MONTI REPORT AND THE SINGLE MARKET ACT 2011 1392 CONCLUSION 1394 cJean Monnet Professor of European Law ad personam, University of ILeicester, United Kingdom; Barrister, Littleton Chambers, Temple, London, United Kingdom. 1364 20121 BUILDI\G A SOCIOECONOMIC CONSTITUTION1 136 ) In the boom phase the European Union was what the British psychologist David Tuckett calls a 'fantastic object"-an unreal but attractive object of desire. To my mind, it represented the embodiment of an open society-anotherfantastic object. It was an association of nations founded on the principles of democracy,, human rights, and the rule of law that is not dominated by any, nation or nationality. Its creation was a feat of piecemeal social engineering led by, a group of far- sighted statesmen who understood that the fantastic object itself was not within their reach. -
Experimental Governance: the Open Method of Coordination
European Law Journal, Vol. 12, No. 4, July 2006, pp. 486–502. ©2006TheAuthor Journal compilation © 2006 Blackwell Publishing Ltd, 9600 Garsington Road, Oxford, OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA Experimental Governance: The Open Method of Coordination Erika Szyszczak* Abstract: The open method of coordination (OMC) has increased the competence of the European Union to regulate areas where the traditional Community legislative processes are weak, or where new areas require coordination of Member State policy, either as part of the spillover of the integration project as a result of economic and monetary union, or as a result of the case law of the European Court of Justice. The OMC is viewed as an aspect of new, experimental governance, which is part of the response by the EU to regulatory shortcomings. This article explores the normative aspects of the OMC using case studies. The article examines the conditions in which the OMC emerges, the condi- tions upon which it thrives, and the claims that are made for its effectiveness as a new form of governance. I The Historical Context The term ‘open method of co-ordination’ (OMC) was coined at the Lisbon Summit of March 2000. However, a legal base for what is now generically identified as the OMC, is seen in the use of new methods of coordinating policy in the arena of economic and monetary union (the Broad Economic Policy Guidelines) introduced in the Maastricht Treaty 1991, and now found in Article 98 EC, and later, in the arena of employment policy, the European Employment Strategy, introduced in the Amsterdam Treaty 1997 in Articles 125–130 EC. -
Fundamental Rights in the European Community Legal Order
Fordham International Law Journal Volume 32, Issue 2 2008 Article 5 Fundamental Rights in the European Community Legal Order John L. Murray∗ ∗ Copyright c 2008 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Fundamental Rights in the European Community Legal Order John L. Murray Abstract The role of the courts in the protection of human rights in any legal system is a constitutionally sensitive one. The observance and protection of such rights articulate with many aspects of the ex- ercise of governmental and legislative power. The value nature of human rights accentuates these sensibilities. Some have viewed sovereign law as an essential ingredient in the make-up of national identity, a perception which tends to confirm a presumption that legal systems, while responsive to new pressures, are nonetheless holistic, coherent, and state-bound. National law is a rampart against outside corruption of the national ethos. Inevitably all of this poses particular challenges for a supranational court with jurisdiction to pass judgment on human rights compliance, directly or indirectly, by states that are justly proud of their own legal democratic traditions. The exercise by the European Court of Justice (“Court of Justice” or “Court”) of jurisdiction to protect the indi- vidual from breaches of their fundamental rights is a constitutional role which trammels not only the exercise of political power by the institutions of the European Community (the “Community”) but indirectly (and often directly) the use of governmental and legislative power at a national level. This constitutional role, exercised in the context of the doctrines of primacy and direct effect, chal- lenges the ideology of a state’s legal autonomy and the associated sense of self-determination. -
Legal Issues of Services of General Interest
Legal Issues of Services of General Interest Series Editors Johan Willem van de Gronden Markus Krajewski Ulla Neergaard Erika Szyszczak For further volumes: http://www.springer.com/series/8900 Ulla Neergaard • Erika Szyszczak Johan Willem van de Gronden Markus Krajewski Editors Social Services of General Interest in the EU 123 Editors Ulla Neergaard Johan Willem van de Gronden Faculty of Law Faculty of Law University of Copenhagen Radboud University Copenhagen K Nijmegen Denmark The Netherlands Erika Szyszczak Markus Krajewski School of Law Fachbereich Rechtswissenschaft University of Leicester Universität Erlangen-Nürnberg Leicester Erlangen UK Germany ISBN 978-90-6704-875-0 ISBN 978-90-6704-876-7 (eBook) DOI 10.1007/978-90-6704-876-7 Library of Congress Control Number: 2012940455 Ó T.M.C.ASSER PRESS, The Hague, The Netherlands, and the authors 2013 Published by T.M.C.ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C.ASSER PRESS by Springer-Verlag Berlin Heidelberg No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. -
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