Repository.
EDI European University Institute Research EUROPEAN POLICY UNIT Institute In Collaboration With The
UNIVERSITY OF STRASBOURG and
TEPSA University European Institute. E.U.I. WORKING PAPER No. 85/147 Cadmus,
THE DRAFT TREATY ESTABLISHING THE EUROPEAN UNION on
REPORT ON THE FEDERAL REPUBLIC OF GERMANY University
by Access
Carl Otto Lenz European Open Author(s). Available The 2020. © in Library
Badia Fiesolana, San Domenico di Fiesole (FI) EUI the by February 1985 produced version Digitised Repository. Research This paper may be cited as forthcoming in:
Bieber, Jacque, and Weiler (eds.), An Ever-Closer Union: Institute A Critical Analysis of the Draft Treaty Establishing the
European Union, in European Perspectives, Luxembourg. All rights
reserved. No part of this paper may be reproduced in any form University without permission of the author. European Institute. Cadmus, on University Access European Open Author(s). Available The 2020. © in
(c) European Policy Unit Library
Printed in Italy in February 1985 EUI
European University Institute the by Badia Fiesolana
50016 S. Domenico di.Fiesole (FI)
Italy produced version Digitised Repository. Research Institute University
The European Policy Unit
The European Policy Unit, at the European University
Institute, was created to further three main goals. First, to European continue the development of the European University Institute as a
forum for critical discussion of key items on the Community Institute. agenda. Second, to enhance the documentation available to
scholars of European affairs. • Third, to sponsor individual Cadmus, research projects on topics of current interest to the European Communities. Both as in-depth background studies and as policy on analyses in their own right, these projects should prove valuable University to Community policy-making. Access In October 1984, the EPU, in collaboration with the University of Strasbourg and TEPSA, organised a conference to European examine in detail the Draft Treaty Establishing the European Open Union. This Working Paper, presented at the conference and revised in light of the discussion, will appear in book form later in 1985 along with other studies of the Draft Treaty. Author(s). Available Further information about the work of the European Policy
Unit can be obtained from the Director, at the European University The 2020.
Institute in Florence. © in Library EUI the by produced version Digitised © The Author(s). European University Institute. Digitised version produced by the EUI Library in 2020. Available Open Access on Cadmus, European University Institute Research Repository. Repository. Research
A. CONSTITUTIONAL QUESTIONS Institute
I. The Ratification Process University The Draft Treaty establishing the European Union, is, in
the terminology of the Basic Law, a treaty "with foreign European States". It is therefore to be concluded by the Federal
President. (Article 59(1)). To be valid, the relevant Institute.
act of the Federal President requires counter signature Cadmus, on by the Federal Chancellor or the appropriate Federal University
Minister (Article 58(1)). From these provisions, and Access from their position in Section 5 of the Basic Law, European headed "the Federal President", one may conclude that Open
not only the competence to conclude treaties, but also Author(s). the preparation of the conclusion of the treaty, is a Available
matter for the executive, i.e. for the Federal The 2020. ©
Government, responsible to Parliament. in Library Since the draft regulates the political relationships of EUI the Federation, and furthermore relates to objects of the
federal legislation, it requires the agreement or by
collaboration of the bodies competent for federal
legislation, in the form of a federal law. This means produced that the Federal Government must first submit the draft version Digitised Repository.
to the Bundesrat, in the usual procedure. The Bundestag Research and Bundesrat may of course call upon the Government to
bring the Draft Treaty before them for debate, but this Institute call does not replace submission by the Federal
Government. The draft goes back with the Bundesrat's University opinion to the Federal Government, which has a chance to comment on the opinion. It then goes to the Bundestag for the so-called First Reading, in which the Federal European
Government and spokesmen for the parliamentary groups Institute.
would set out their basic attitude towards the Treaty. Cadmus, on It is then referred to the committees; it may be taken University that the Foreign Affairs Committee will draw up the Access decisive report for the Bundestag, while a dozen or so European other committees will be called on to give opinions to Open the Foreign Affairs Committee (so-called joint Author(s). consultation). A special problem is presented by the Available
participation of the Europe Committee, which the The 2020. ©
Bundestag has formed. This Committee, consisting half in of German Bundestag members and half of German members Library of the European Parliament, was set up in 1983 to advise EUI the German Bundestag on fundamental questions of the
European policy. According to the procedure developed by for this matter, the relevant report of the Europe
Committee would go not to the full House, but only to produced the Foreign Affairs Committee, which is competent, and version Digitised Repository.
to certain other committees for joint consultation. The Research
Europe Committee would thus be not on the same level as
the classical committees of the German Bundestag, but Institute subordinate to them; nevertheless, through it there would be a possibility of letting the views of German University members active in the European Parliament be included in the discussions. European
On the basis of the Foreign Affairs Committee's report Institute. containing the opinions of the other consultative Cadmus, on committees and the result of the consultations on the University views of the Europe Committee, the second (and last) Access debate in the German Bundestag on the law agreeing to . European Open the Draft Treaty would be held. No motions for
amendments to the Draft Treaty are admissible. The Author(s). Draft Treaty may only be accepted in toto, or rejected. Available
If the act of acceptance is adopted, it is transmitted The 2020. ©
to the Bundesrat. The act of acceptance is passed if in
the Bundesrat consents to it or another of the Library conditions laid down in Article 78 of the Basic Law is EUI met. It is not passed if an objection by the Bundesrat the
is not overridden by the Bundestag, or if necessary by
consent is not secured. Going into detail here would
exceed the bounds of this paper. If the act of produced
acceptance is passed according to these provisions, it version Digitised Repository.
is then, after counter signature by the appropriate Research members of the Federal Government, signed by the Federal
President and published in the Federal Law Gazette. Institute
Summarizing, it may be said that the joint action of the University Federal Government, Bundestag, Bundesrat and Federal
President is necessary, to pass an act of acceptance of
the Draft Treaty establishing the European Union. European Institute.
II. Is amendment of the Basic Law necessary in order to Cadmus, on implement the Treaty in the Federal Republic of Germany? University Access a) Preliminary remark: The Basic Law of the Federal European Republic of Germany is a very pro-integration Open
constitution. Even the preamble states that "the German Author(s). People" is "animated by the resolve ... to serve the Available
peace of the world as an equal partner in a united The 2020. ©
Europe". Again, Article 24 says that the Federation may in
by legislation transfer sovereign powers to Library intergovernmental institutions, may enter a system of EUI mutual collective security for the maintenance of peace, the
and in doing so will consent to limitations upon its by
rights to sovereignty. produced version Digitised Repository.
The text of the preamble, which designates equal Research partnership of the Federal Republic of Germany in a
united Europe as the appropriate form of the promotion Institute of peace expected of the Federal Republic, constitutes not only an encouragement but also an empowerment for University the Federal Government, Bundestag and Bundesrat to
advance along the path towards the unification of
Europe, insofar as the goals of the Draft Treaty do not European
contradict those of the Basic Law. On a reading of the Institute.
relevant articles of the Basic Law, particularly the Cadmus, on preamble ("to serve the peace of the world"), Article University 1(2) (human rights as the basis of peace), Article 9(2) Access (ban on associations directed against the concept of European international understanding, Article 24(2) (maintenance Open
of peace through entering a system of mutual collective Author(s). security), Article 24(3) (peaceful settlement of Available
disputes between States), Article 26 (ban on acts The 2020. ©
tending to disturb the peaceful relations between in
nations, Government responsibility for armaments Library production), Article 87a (armed forces only "for EUI defence") and the corresponding provisions of the Draft the
Treaty (preamble "resolved to strengthen and preserve by
peace and liberty by an ever closer union"), Article 9,
3rd and 4th indents, Article 63(1) and (2), the produced similarity of objectives and of language leaps to the version Digitised Repository.
eye. From the viewpoint of promoting peace, then, the Research
Basic Law and the Draft Treaty are not in contradiction. Institute b) The Draft Treaty does not contradict the duty of the constitutional bodies of the Federal Republic of University Germany to maintain the national and political unity of the German people and to achieve the unity and freedom of Germany in free self-determination, nor does it European
withdraw this obligation from them. The existing legal Institute.
position is to that extent maintained, in particular Cadmus,
Article 7 of the Germany Treaty of 1952, whereby the on University three Western occupying powers undertake to support the Access reunification of the Germans in a democratic State. European Britain and France are co-signatories of that Treaty, Open and at the same time members of the European Author(s). Communities. The other Member States have, to the Available
extent that they belong to the North Atlantic Alliance, The 2020. © joined in assuming these obligations (see e.g. the final in communiqué of the 16th session of the North Atlantic Library Council in Paris, 9-11 May 1955, when the Federal EUI Republic of Germany took part for the first time; the Europe-Archiv 1955/p. 7927, and finally, the Washington by
Declaration of the North Atlantic Council of 31 May
1984, point 7; Federal Government Bulletin 1984 No. 65, produced p. 574). version Digitised Repository.
Ratification of the Draft Treaty would presumably not Research change anything in this legal position. There are,
however, voices in the Federal Republic of Germany Institute calling for this aspect to be incorporated in the Draft
Treaty. University c) Article 24 empowers the Federation to transfer the
exercise of individual sovereign powers by mere federal European
legislation, but does not allow abandonment of the Institute.
Federal Republic of Germany's existence as a State in Cadmus, on favour of a European State. It is true that the Draft University
Treaty provides for the transfer of far-reaching powers Access in important areas of national life to the European European Union within the limits provided therein and according Open
to the procedures provided for. That this would end the Author(s). member's existence as States is, however, neither Available
deducible from the text nor the declared intention of The 2020. ©
its authors. A far-reaching transfer of powers ought, in
however, in view of the Basic Law's attitude towards Library European unification, seeing the Federal Republic as an EUI equal partner in a united Europe, to be covered by the
Article 24, which except for the inadmissibility of by
transferring the core of State power, contains no other
limitations in its wording. produced version Digitised Repository.
The same conclusion is arrived at by Everling Research
(Integration 1/84 p. 12-23, esp. p. 15), Hilf and
Schwarze (Eine Verfassung fur Europa p. 265 and 32f). Institute
Moreover, the Draft Treaty allows the Member States as such far-reaching participation through the European University Council and through the Council of the Union within the framework of the European Union. In the case of, for instance, the formation of the Commission, these go European beyond the rights allowed the Bundesrat in the Institute.
constitution of the Federal Republic of Germany. Again, Cadmus, on the area of direct control by the European Union seems University not to go beyond the stage already reached in the Access European Communities: the European Union will have European specific administrative competence in the coal and Open steel, agriculture and competition sectors, while all Author(s). other administration will, as before, continue to lie in Available
the hands of the Member States. The 2020. © in
On the whole, then, the advancement and intensification Library of European integration provided for in the Draft Treaty EUI can be seen as an integration maintaining the existence the
as States of the Member States and therefore also of the by
Federal Republic of Germany. Moreover, the fundamental structures of the Federal Republic of Germany ought not produced to be affected, since this is not possible even by a law version Digitised Repository.
amending the Constitution (Article 79(3)). Here, Research however, the finding must be that the structures of the
European Union not only do not contradict those of the Institute
Basic Law, but largely correspond to them. This is true as regards both the promotion of peace and respect for University human rights (Preamble and Article 1 of the Basic Law,
3rd indent of the Preamble and Article 4 of the Draft
Treaty). Likewise, the precept of democracy is further European realised than the extent hitherto achieved in the Institute.
European Communities (see Article 20(1) and (2) of the Cadmus, on Basic Law, Articles 14-19 of Draft Treaty). The same is University true for the principle of the social State (Article Access 20(1) of Basic Law). Again, the principle of. European constitutionality, or better the rule of law and Open judicial control (Article 19(4), 20(1) and (3) of Basic Author(s). Law) has its correspondence in the draft Treaty Available
(Preamble, 3rd indent, and Articles 41-44). The idea of The 2020. © division of powers, too, both between legislature, in executive and judiciary and between Union and Member Library States, is reflected in the Draft Treaty (see in EUI particular part 3, Institutional Provisions, and part 2, the
The objectives, methods of Action and Competences of the by
Union, Articles 9-13, which deal in particular with
delimiting the powers of the Union and those of the produced Member States). The principle of the Federal State is version Digitised Repository.
likewise maintained. It is not impossible that some Research powers of the Union will detract from those of the
Lander, but in this context one can hardly speak of a Institute
"voiding of the Lander's existence as States"
(Tomuschat, Commentary on the Bonn Basic Law, Article University 24, No. 68a). It has already been pointed out that the application of Union law remains overwhelmingly a matter for the Member States and therefore, in accordance with European
the distribution of powers pursuant to Article 30, 83 ff Institute.
of the Basic Law, largely a matter for the Bundeslander. Cadmus, on University III. Conclusion Access European From the viewpoint of the Basic Law, no constitutional Open objections to the overall conception of the draft Treaty Author(s). or the main features of its elaboration can be raised. Available The 2020. ©
PROSPECTS FOR THE DRAFT TREATY in
The Draft Treaty's prospects of becoming law naturally Library depend on the attitude of important political and social EUI the groups. These can at the moment be described as by follows: produced I. Parliaments and Parties version Digitised 11 Repository.
a) The German members of the European Parliament have Research
taken the following positions on the Draft Treaty: Institute
i) The German members of the European Parliament, like
those of Italy, Belgium and the Netherlands, have agreed University to the Draft Treaty by a large majority. To be sure, in
the German delegation too consent declined between the
first and second votes. Though the CDU/CSU managed to European
raise the number of ayes by two, so that 37 out of 42 Institute.
CDU/CSU members voted for the draft, in the second vote, Cadmus, on of the SPD members 20 voted aye (-8), none voted no, and University 5 abstained (+3). In the FDP too, the number of ayes Access fell from 4 in the first to 2 in the second vote. European Open
ii) The Bundestag has had two debates on the draft Author(s). Treaty. The following picture can be drawn from this: Available The 2020. ©
All groups in the German Bundestag, including the in
Greens, have welcomed the Draft Treaty and referred it Library to the Committees, with instructions to deliver the EUI opinion asked for by the European Parliament within one the
year; i.e., the German Bundestag is prepared to enter by
into the debate on the Draft Treaty and not put the produced version Digitised Repository.
matter in the pending file. According to Bundestags- Research prasident Jenninger, the Bundestag will come to a
positive conclusion. Institute
The German Bundestag has held two debates on the Draft University Treaty; moreover, the group leaders have dealt with the
topic, in response to the enquiries by the Association
of Former POWs and the "Europa Union". The positions of European
parliamentary groups apparent from this can be Institute.
summarized as follows; Cadmus, on University CDU/CSU, SPD and FDP welcomed the European Parliament's Access initiative, without dwelling in detail on the draft European Treaty. The representatives of the Greens too welcomed Open
the debate on the draft Author(s). Available
See speech by Dr. Jenninger at the convention of the The 2020. ©
Union of European federalisms and the Europa Union in in
Cologne on Dec. 9th, 1984. Bulletin of the Fed. Gov't's Library press and Information Office 14. Dez. 1984 , p. 1363 EUI the by produced version Digitised Number of Vote Took part aye no abstained did not seats take part o\ id r~- - r 10 oo N ( cm T3 n C P O ID ■^r
(0
© The Author(s). European University Institute. Digitised version produced by the EUI Library in 2020. Available Open Access on Cadmus, European University Institute Research Repository. © The Author(s). European University Institute. Digitised version produced by the EUI Library in 2020. Available Open Access on Cadmus, European University Institute Research Repository. 13 Repository. Research
Treaty, but "because it gives a chance to sound the
alarm publicly". They want to "engage in a Institute
constitutional debate only once the time is ripe for
introducing the countermodel to the present European University Community" (Mr. Vogt, Bundestag member for
Kaiserslautern, at the 68th Session of the German
Bundestag, Friday 13 April, p. 4788 and 4790). Similar European
statements were made in the Bundestag debate on 7 July Institute.
1984 and on 7 December 1984. Cadmus, on University Minister of State Mertes has declared on behalf of the Access Federal Government, without prejudicing any later European detailed opinion, that he "finds a number of important Open
principles of our own Europe policy in the European Author(s). Parliament's Draft Treaty" (68th Session, 13 April 1984, Available
p. 4791). The 2020. © in
In view of this basically positive attitude by the Library Federal Government and the groups that have government EUI experience, it can be reckoned that any difficulties in the
the parliamentary debate, which can never be ruled out, by
would be overcome to result in a positive opinion from
the Bundestag. produced version Digitised 14 Repository.
The same may also be assumed of the Bundesrat, since the Research
German people would fail to understand differing
opinions from the two houses of the Federal Parliament, Institute
made up of representatives of the same parties; University ★ ★ * European C) This report would however be incomplete if it did
not cite a few critical voices. The Draft Treaty did Institute.
not play the role in the European election campaign that Cadmus, on its authors had wished. The view has even occasionally University been put forward that Europe's problems cannot be solved Access by "grand political projects”. In the period leading up European to the elections, there were critical voices in the Open
press about the European Parliament. Of many examples I Author(s). shall quote only two: "Imagine there's an election and Available
nobody goes" (Stern, 14 June 1984) and "I am not going The 2020. ©
to vote today" (Welt am Sonntag, 17 June 1984). It in
would be astonishing if the authors of these articles Library showed any more sympathy for the European Parliament's EUI Draft Treaty than for the second direct elections to the
that Parliament. by
There were also critical voices from the academic produced community. I refer here in particular to the papers and version Digitised 15 Repository.
discussion contributions at the international congress Research
of the Institute for the Study of Integration of the
Stiftung Europakolleg, held in Hamburg from 3-5 November Institute
1983 (Schwarze/Bieber, Eine Verfassung fur Europa,
1984). Of many examples I shall quote here only University Professor Werner von Simon of Freiburg. He quoted
former Federal Chancellor Helmut Schmidt with approval:
"So we have to identify ourselves with Europe now ... I European
don't believe in it" (op cit. p.98). Institute. Cadmus, on Such statements, of course, did not go unchallenged, as University the report of the ensuing discussion shows (op cit. Access 110-113, esp. 111,112). But scepticism at the draft's European ambitions and its chances of realization seem to me to Open
run like a red thread through the whole book. Author(s). Available
The same is true of the contributions published in the The 2020. ©
magazine "Integration" (1/84) on the European in
Parliament's Draft Treaty. Here too I quote only one Library example: under the heading "A European Constitution for EUI Visionaries?" Werner Weidenfeld, professor at Mainz the
University, writes: "The basically important and good by
idea of working out a European constitution has been
given concrete form by the European Parliament in a way produced version Digitised 16 Repository.
that is questionable as regards both content and Research
procedure" (p. 37). Institute
III. The Attitude of Public Opinion in General University The attitude of public opinion in general to the
European Parliament's project for a European Union is
hard to establish, since this question played no part in European
the election campaign. The problem must therefore be Institute.
approached by roundabout ways. The Parliament's draft Cadmus, on provides, roughly speaking, for the inclusion of new University areas of activity among the competences of the European Access institutions, for increased recourse of majority European decisions and for greater power for Parliament. Opinion Open
surveys on these topics do exist. Author(s). Available
Firstly, on the European Parliament: in late 1983, 83% The 2020. ©
of all those questioned knew of the existence of the in
European Parliament, as against 76% in 1979, with men at Library 93% being almost 20% ahead of women, at 75%. Similar EUI figures to those for women are recorded for people with the
only elementary education and for workers, while people by
with leaving certificates, civil servants and the self-
employed show figures even higher than those for men. produced version Digitised 17 Repository.
The increase in familiarity has not helped, however, Research
towards Parliament's improving image. The number of
people who had a good impression of the European Institute
Parliament's work practically halved between 1979 and
1983 (42% against 23%). The number of people with a University poor impression almost tripled (from 10% to 29%). The
number of those with no opinion remained almost constant
(48% against 46%). European Institute.
Against this background, it is hardly surprising that Cadmus, on more than half those surveyed took the view that the University ultimate decision should lie not with the European Access Parliament but with the Member State Governments. European Nevertheless, 44% took the view that the European Open
Parliament should take binding decisions for all Member Author(s). countries in a few important areas. The difference Available
between men and women is considerable. 52% of men are The 2020. ©
in favour of more powers for the Parliament. 46% wish in
to leave decision-making power to the governments, while Library 60% of women want this. Only 36% of women want more EUI powers of decision for the Parliament. Against this the
background it is hardly astonishing that the majority of by
all those surveyed rejected an all-European government
(56%), while only something over a quarter, namely 27%, produced were in favour. Among men the figures were 35% for, 50% version Digitised 18 Repository.
against. Among women, rejection is more than three Research
times as strong as agreement (61% against 19%). Institute
In line with this is the fact that more than half of
those surveyed are not prepared to accept economic University disadvantages in order to support poorer countries in
the European Community, while 46% are prepared for this.
Among men, the figures are equal (49% against 49%). European
Among women, readiness to accept sacrafice is smaller Institute.
(44% for, 53% against). Cadmus, on University As against this, enviroment protection in Europe should Access where necessary be imposed compulsorily. 94% are in European favour of this, with only 5% against. There are no Open
significant differences between men and women here. Author(s). Available
As far as German reunification is concerned, some 2/3 The 2020. ©
are of the opinion that Western European unification has in
no effect on this, i.e. that it neither impedes (as
between 16% and 19% believe) nor facilitates (15%) this Library
process. This fits in with the general picture that EUI the only 53% of the population regarded the European by elections as very important and only 62% intended to
take part. The actual electoral participation lay produced between these two figures, namely at 56.8%. version Digitised Repository.
There are, however, also figures conveying a different Research picture. Thus, 2/3 of Germans feel themselves to be
"European", with European consciousness being especially Institute marked among the middle age-groups, from 30 to 59. It rises with degree of education and professional University qualification. People with leaving certificates or higher education, civil servants, the self-employed and professionals feel most European. In line with this, European
2/3 of Germans regard membership in the European Institute.
Community as a good thing. Only 6%, not even one tenth, Cadmus, on regard it as a bad thing. Likewise, the break-up of the University European Community would be explicitly regretted by 72% Access of those surveyed, only 6% would welcome it and the rest European are indifferent. Open Author(s). These figures are based on two representative surveys Available
carried out by the Sociological Research Institute of The 2020. © the Konrad-Adenauer-Stiftung in October 1983 on 2000 and in in March 1984 on 3082 German citizens entitled to vote. Library As the Konrad-Adenauer-Stiftung itself admits, the EUI results are contradictory. It writes: "Against the the
background of large numbers of bad reports of the by
European Community ... the image of Europe among the
Federal German population in March 1984 is split. On produced the one hand, the general agreement with the European version Digitised 20 Repository.
Community and identification with the European idea has Research
strengthened, but on the other, in Germany too it is
disappointment and anger ... that determine the Institute
assessment". The report continues: "But these two
trends are only apparently contradictory. In fact, University anger and disappointment at economic developments on the
one hand seem to lead to increased support for the
process of European integration on the other. The European
prevalent mood can perhaps be summed up by the slogan: Institute.
'high time too!'" Cadmus, on University In a more recent assessment of public opinion in Germany Access Bundestagsprasident Philip Jenninger said the initiative European taken by President Mitterrand and Federal Chancellor Open
Kohl had been well received by German public opinion and Author(s). he concluded: This example shows us that the feeling Available
for European unity is just sleeping. It is immediately The 2020. ©
revived by every concrete step in the right direction in
(see op. cit., translation by author). Library EUI In such a situation, characterized by contradiction, the the
future of the project will depend on the determination by
of the political leadership to make the European Union a
reality. The Federal Government and the great majority produced of the Bundestag have never left any room for doubt that version Digitised 21 Repository.
they are resolved to advance along this path. Research Institute University European Institute. Cadmus, on University Access European Open Author(s). Available The 2020. © in Library EUI the by produced version Digitised © The Author(s). European University Institute. Digitised version produced by the EUI Library in 2020. Available Open Access on Cadmus, European University Institute Research Repository. Repository.
PUBLICATIONS OF THE EUROPEAN POLICY UNIT Research
EUI Working Papers: Institute
No. 139: 0rstrom Miller Financing European Integration:
The European Communities and the University Proposed European Union.
No. 140: John Pinder Economic and Social Powers of
the European Union and the European
Member States : Subordinate or Institute.
Coordinate Relationship? Cadmus, on No. 141: Vlad Constantinesco La Repartition des Competences University
Entre l'Union et les Etats Access Membres dans le Projet de Traité European Instituant l'Union Européenne. Open
No. 142: Peter Bruckner Foreign Affairs Powers and Author(s). Policy in the Draft Treaty Available
Establishing the European Union. The 2020. ©
No. 143: Jan De Meyer Belgium and the Draft Treaty in
Establishing the European Union. Library No. 144: Per Lachmann The Draft Treaty Establishing EUI the European Union: the
Constitutional and Political by
Implications in Denmark.
No. 145: Thijmen Koopmans The Judicial System Envisaged in produced
the Draft Treaty. version Digitised No. 146: John Temple-Lang The Draft Treaty Establishing Repository.
the European Union and the
Member States: Ireland. Research
No. 147: Carl Otto Lenz The Draft Treaty Establishing
the European Union: Report on Institute
the Federal Republic of Germany
No. 148: David Edward, Richard The Draft Treaty Establishing University McAllister, Robert the European Union: Report on
Lane the United Kingdom.
No. 151: Jacques Genton Problèmes Constitutionnels et European
Politiques Posés en France par Institute.
une Eventuelle Ratification et Cadmus,
Mise en Oeuvre du Projet de on University Traité d'Union Européenne Access Forthcoming : European No. : Gianfranco Pasquino The Institutions and the Procès Open
and Luciano Bardi of Decision-Making in the Draft Author(s). Treaty. Available
No. Joseph Weiler and The Creation of the Union and The 2020. ©
James Modrall Its Relation to the EC Treaties in
No. E.M.H. Hirsch Ballin The Netherlands and the Draft
Treaty Library EUI No. Jean Dondelinger Luxembourg and the Draft Treaty the No . Georgios Mavros Greece and the Draft Treaty by
No. Gustavo Zagrabelsky Italy and the Draft Treaty produced version Digitised NO. : Susan Senior-Nello EEC-East European Economic Repository.
Relations: Industrial
Cooperation Agreements. Research No. : Elfriede Regelsberger, European Political Cooperation
Philippe C. de Past, Present and Future. Institute
Schoutheete, Simon
Nuttall University European Institute. Cadmus, on University Access European Open Author(s). Available The 2020. © in Library EUI the by produced version Digitised Repository.
t" Research •- v ? • Institute University European Institute. Cadmus, on University Access European Open Author(s). Available The 2020. © in Library EUI the by produced version Digitised Repository. Research Institute University European Institute. Cadmus, on University
EUI Working Papers are published and distributed by the European Access University Institute, Florence. European Open
Copies can be obtained free of charge — depending on the availability Author(s). of stocks — from: Available The 2020. ©
The Publications Officer in
European University Institute Library Badia Fiesolana EUI 1-50016 San Domenico di Fiesole(FI) the
Italy by produced
Please use order form overleaf version Digitised PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE 11/84 Repository. Research To :The Publications Officer
European University Institute Institute Badia Fiesolana
1-50016 San Domenico di Fiesole(FI)
Italy University
From : Name...... European
Address...... Institute. Cadmus, on University Access European Open
Please send me the following EUI Working Paper(s): Author(s). Available No.:...... The 2020. Author, title:...... © in Library EUI the by
Date: Signature: produced version Digitised Repository.
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE
EUI WORKING PAPERS Research
1: Jacques PELKMANS The European Community and the Newly Industrialized Countries Institute
2: Joseph H.H. WEILER Supranationalism Revisited - Retrospective and Prospective. The European Communities After Thirty
Years University
3: Aldo RUSTICHINI Seasonality in Eurodollar Interest Rates
4: Mauro CAPPELLETTI/ Judicial Review, Transnational and European David GOLAY Federal: Impact on Integration Institute. 5s Leonard GLESKE The European Monetary System: Present
Situation and Future Prospects Cadmus,
6: Manfred HINZ Massenkult und Todessymbolik in der on
national-sozialistischen Architektur University
7: Wilhelm BURKLIN The "Greens" and the "New Politics": Access Goodbye to the Three-Party System? European 8: Athanasios MOULAKIS Unilateralism or the Shadow of Open Confusion
9: Manfred E. STREIT Information Processing in Futures Author(s). Markets. An Essay on the Adequacy of Available an Abstraction The 2020.
10 :Kumaraswamy VELUPILLAI When Workers Save and Invest: Some ©
Kaldorian Dynamics in
11sKumaraswamy VELUPILLAI A Neo-Cambridge Model of Income Distribution and Unemployment Library
12:Kumaraswamy VELUPILLAI/ On Lindahl's Theory of Distribution EUI Guglielmo CHIODI the 13:Gunther TEUBNER Reflexive Rationalitaet des Rechts by
14:Gunther TEUBNER Substantive and Reflexive Elements in Modern Law
15:Jens ALBER Some Causes and Consequences of Social produced Security Expenditure Development in Western Europe, 1949-1977 version Digitised - 2 -
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
16:Ian BUDGE Democratic Party Government: Formation
and Functioning in Twenty-One Research Countries
17:Hans DAALDER Parties and Political Mobilization: An
Initial Mapping Institute
18:Giuseppe DI PALMA Party Government and Democratic Reproducibility: The Dilemma of New Democracies University 19:Richard S. KATZ Party Government: A Rationalistic Conception
20:Juerg STEINER Decision Process and Policy Outcome: European An Attempt to Conceptualize the Problem at the Cross-National Level Institute.
21:Jens ALBER The Emergence of Welfare Classes in West Germany: Theoretical Perspectives Cadmus,
and Empirical Evidence on University 22:Don PATINKIN Paul A. Samuelson and Monetary Theory
23:Marcello DE CECCO Inflation and Structural Change in the Access Euro-Dollar Market European Open 24:Marcello DE CECCO The Vicious/Virtuous Circle Debate in the '20s and the '70s
25:Manfred E. STREIT Modelling, Managing and Monitoring Author(s). Futures Trading: Frontiers of Available Analytical Inquiry The 2020. 26'.Domenico Mario NUTI Economic Crisis in Eastern Europe - © Prospects and Repercussions in
27:Terence C. DAINTITH Legal Analysis of Economic Policy Library 28:Frank C. CASTLES/ Left-Right Political Scales: Some
Peter MAIR Expert Judgements EUI
29:Karl HOHMANN The Ability of German Political the
Parties to Resolve the Given Problems: by the Situation in 1982
30:Max KAASE The Concept of Political Culture: Its Meaning for Comparative Political Research produced version Digitised - 3 -
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
31:Klaus TOEPFER Possibilities and Limitations of a Regional Economic Development Policy Research in the Federal Republic of Germany
32 :Ronald INGLEHART The Changing Structure of Political Cleavages Among West European Elites Institute and Publics
33:Moshe LISSAK Boundaries and Institutional Linkages
Between Elites: Some Illustrations University from Civil-Military Elites in Israel
34:Jean-Paul FITOUSSI Modern Macroeconomic Theory: An Overview European 35-.Richard M. GOODWIN/ Economic Systems and their Regulation
Kumaraswamy VELUPILLAI Institute.
36:Maria MAGUIRE The Growth of Income Maintenance Cadmus, Expenditure in Ireland, 1951-1979 on
37:G. LOWELL FIELD/ The States of National Elites and the University John HIGLEY Stability of Political Institutions in
81 Nations, 1950-1982 Access
38:Dietrich HERZOG New Protest Elites in the Political European System of West Berlin: The Eclipse of Open Consensus?
39:Edward 0. LAUMANN/ A Framework for Concatenated Event Author(s). David KNOKE Analysis Available
Class and Prestige Origins in the 40:Gwen MOOR/ The
American Elite 2020. Richard D. ALBA © in 41:Peter MAIR Issue-Dimensions and Party Strategies in the Irish republic, 1948-1981: The Evidence of Manifestos Library
42:Joseph H.H. WEILER Israel and the Creation of a Palestine State. The Art of the Impossible and EUI
the Possible the
43:Franz Urban PAPPI Boundary Specification and Structural by Models of Elite Systems: Social Circles Revisited
44:Thomas GAWRON/ Zur Implementation von produced Ralf ROGOWSKI Gerichtsurteilen. Hypothesen zu den Wirkungsbedingungen von Entscheidungen des Bundesverfassungsgerichts version Digitised 4
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
45:Alexis PAULY/ Migrant Workers and Civil Liberties
René DIEDERICH Research
46:Alessandra VENTURINI Is the Bargaining Theory Still an Effective Framework of Analysis for
Strike Patterns in Europe? Institute
47:Richard A. GOODWIN Schumpeter: The Man I Knew
48:J.P. FITOUSSI/ Politique de l'Emploi et Réduction de Daniel SZPIRO la Durée du Travail University
49:Bruno DE WITTE Retour à Costa. La Primauté du Droit Communautaire à la Lumière du Droit ] International European
50:Massimo A. BENEDETTELLI Eguaglianza e Libera Circolazione dei Lavoratori: Principio di Eguaglianza e Institute. Divieti di Discriminazione nella Giurisprudenza Comunitaria in Materia Cadmus,
di Diritti di Mobilità Territoriale e on Professionale dei Lavoratori University
51:Gunther TEUBNER Corporate Responsability as a Problem of Company Constitution Access
52:Erich SCHANZE Potentials and Limits of Economic European Open Analysis: The Constitution of the Firm
53:Maurizio COTTA Career and Recruitment Patterns of Italian Legislators. A Contribution of Author(s). the Understanding of a Polarized Available System The 2020. 54:Mattei DOGAN How to become a Cabinet Minister in © Italy: Unwritten Rules of the in Political Game
55:Mariano BAENA DEL ALCAZAR/ The Structure of the Spanish Power Library Narciso PIZARRO Elite 1939-1979 EUI 56:Bere RUSTEM/ Preferences in Policy Optimization and Kumaraswamy VELUPILLAI Optimal Economic Policy the by 57:Giorgio FREDDI Bureaucratic Rationalities and the Prospect for Party Government
59:Christopher Hill/ The Sanctions Problem: International produced James MAYALL and European Perspectives version Digitised 5
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
60:Jean-Paul FITOUSSI Adjusting to Competitive Depression. The Case of the Reduction in Working Research Time
61:Philippe LEFORT Idéologie et Morale Bourgeoise de la
Famille dans le Ménager de Paris et le Institute Second Libro di Famiglia, de L.B. Alberti
62:Peter BROCKMEIER Die Dichter und das Kritisieren University 63 :Hans-Martin PAWLOWSKI Law and Social Conflict
64:Marcello DE CECCO Italian Monetary Policy in the 1980s
65:Gianpaolo ROSSINI Intraindustry Trade in Two Areas: Some European Aspects of Trade Within and Outside a
Custom Union Institute.
66Wolfgang GEBAUER Euromarkets and Monetary Control : The Cadmus,
Deutschemark Case on University 67:Gerd WEINRICH On the Theory of Effective Demand under Stochastic Rationing Access
68:Saul ESTRIN/ The Effects of Worker Participation
Derek C. JONES upon Productivity in French Producer European Open Cooperatives
69:Bere RUSTEM On the Formalization of Political Kumaraswamy VELUPILLAI Preferences: A Contribution to the Author(s). Frischian Scheme Available
70:Werner MAIHOFER Politique et Morale The 2020. ©
71:Samuel COHN Five Centuries of Dying in Siena: in Comparison with Southern France
72:Wolfgang GEBAUER Inflation and Interest: the Fisher Library Theorem Revisited EUI 73:Patrick NERHOT Rationalism and the Modern State the
74:Philippe SCHMITTER Democratic Theory and Neo-Corporatist by Practice
75:Sheila A. CHAPMAN Eastern Hard Currency Debt 1970-83. An
Overview produced version Digitised 6
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
76 :Richard GRIFFITHS Economic Reconstruction Policy in the Netherlands and its International Research Consequences, May 1945 - March 1951
77:Scott NEWTON The 1949 Sterling Crisis and British
Policy towards European Integration Institute
78:Giorgio FODOR Why did Europe need a Marshall Plan in 1947?
79:Philippe MIOCHE The Origins of the Monnet Plan: How a University Transistory Experiment answered to Deep-Rooted Needs
80:Werner ABELSHAUSER The Economic Policy of Ludwig Erhard European
81:Helge PHARO The Domestic and International
Implications of Norwegian Institute. Reconstruction Cadmus,
82:Heiner R. ADAMSEN Investitionspolitik in der on Bundesrepublik Deutschland 1949-1951 University
83:Jean BOUVIER Le Plan Monnet et l'Economie Française
1947-1952 Access
84:Mariuccia SALVATI Industrial and Economie Policy in the European Italian Reconstruction Open
85:William DIEBOLD, Jr. Trade and Payments in Western Europe in Historical Perspective: Author(s). A Personal View By an Interested Available Party The 2020. 86:Frances LYNCH French Reconstruction in a European ©
Context in
87:Gunther TEUBNER Verrechtlichung. Begriffe, Merkmale,
Grenzen, Auswege Library
88:Maria SPINEDI Les Crimes Internationaux de l'Etat EUI dans les Travaux de Codification de la
Responsabilité des Etats Entrepris par the
les Nations Unies by
89:Jelle VISSER Dimensions of Union Growth in Postwar Western Europe
90:Will BARTLETT Unemployment, Migration and produced Industrialization in Yugoslavia, 1958- 1977 version Digitised - 7 -
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
91:Wolfgang GEBAUER Kondratieff1s Long Waves Research 92:Elisabeth DE GHELLINCK/ Inter-Industry and Inter-Temporal Paul A. GEROSKI/ Variations in the Effect of Trade on Alexis JACQUEMIN Industry Performance Institute
93:Gunther TEUBNER/ Kontext und Autonomie. Helmut WILLKE Gesellschaftliche Selbststeuerung durch Reflexives Recht University 94:Wolfgang STREECK/ Community, Market, State- and Philippe C. SCHMITTER Associations. The Prospective Contribution of Interest Governance to Social Order European 95:Nigel GRIFFIN "Virtue Versus Letters": The Society of Jesus 1550-1580 and the Export of Institute. an Idea Cadmus, 96:Andreas KUNZ Arbeitsbeziehungen und Arbeitskonflikte im oeffentlichen on
Sektor. Deutschland und University Grossbritannien im Vergleich 1914-1924 Access 97:Wolfgang STREECK Neo-Corporatist Industrial Relations and the Economic Crisis in West European
Germany Open
98:Simon A. HORNER The Isle of Man and the Channel Islands - A Study of their Status under Constitutional, International Author(s). Available and European Law The
99:Daniel ROCHE Le Monde des Ombres 2020. © in 84/100:Gunther TEUBNER After Legal Instrumentalism?
84/101:Patrick NERHOT Contribution aux Débats sur le Droit Subjectif et le Droit Objectif comme Library Sources du Droit EUI
84/102:Jelle VISSER The Position of Central Confederations the in the National Union Movements by
84/103:Marcello DE CECCO The International Debt Problem in the Inter-War Period
84/104:M. Rainer LEPSIUS Sociology in Germany and Austria 1918- produced 1945. The Emigration of the Social Sciences and its Consequences. The version Digitised 8
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
Development of Sociology in Germany after the Second World War, 1945-1967 Research
84/105:Derek JONES The Economic Performances of Producer Cooperations within Command Economies: Evidence for the Case of Poland Institute
84/106:Philippe C. SCHMITTER Neo-Corporatism and the State
84/107:Marcos BUSER Der Einfluss der Wirtschaftsverbaende
auf Gesetzgebungsprozesse und das University Vollzugswesen im Bereich des Umweltschutzes
84/108:Frans van WAARDEN Bureaucracy around the State:Varieties
of Collective Self-Regulation in the European Dutch Dairy Industry Institute. 84/109:Ruggero RANIERI The Italian Iron and Steel Industry
and European Integration Cadmus,
84/110:Peter FARAGO Nachfragemacht und die kollektiven on
Reaktionen der Nahrungsmittelindustrie University
84/111:Jean-Paul FITOUSSI/ A Non-Linear Model of Fluctuations in Access Kumuraswamy VELUPILLAI Output in a Mixed Economy European 84/112:Anna Elisabetta GALEOTTI Individualism and Political Theory Open
84/113:Domenico Mario NUTI Mergers and Disequilibrium in Labour- Managed Economies Author(s). Available 84/114:Saul ESTRIN/Jan SVEJNAR Explanations of Earnings in Yugoslavia: The Capital and Labor The
Schools Compared 2020. © in 84/115:Alan CAWSON/John BALLARD A Bibliography of Corporatism
84/116:Reinhard JOHN On the Weak Axiom of Revealed Preference Without Demand Continuity Library Assumptions EUI
84/117:Richard T.GRIFFITHS/Frances The FRITALUX/FINEBEL Negotiations the M.B. LYNCH 1949/1950 by
84/118:Pierre DEHEZ Monopolistic Equilibrium and Involuntary Unemployment
84/119:Domenico Mario NUTI Economic and Financial Evaluation of produced Investment Projects; General Principles and E.C. Procedures version Digitised - 9 -
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
84/120:Marcello DE CECCO Monetary Theory and Roman History Research 84/121:Marcello DE CECCO International and Transnational Financial Relations
84/122:Marcelio DE CECCO Modes of Financial Development: Institute American Banking Dynamics and World Financial Crises
84/123:Lionello F. PUNZO/ Multisectoral Models and Joint Kumuraswamy VELUPILLAI Production University
84/124:John FARQUHARSON The Management of Agriculture and Food Supplies in Germany, 1944-47 European 84/125:Ian HARDEN/Norman LEWIS De-Legalisation in Britain in the
/ 1980s Institute.
84/126:John CABLE Employee Participation and Firm Performance. A Prisoners' Dilemma Cadmus,
Framework on University 84/127:Jesper JESPERSEN Financial Model Building and Financial Multipliers of the Danish Economy Access European
84/128:Ugo PAGANO Welfare, Productivity and Self- Open Management
84/129:Maureen CAIN Beyond Informal Justice Author(s). 85/130:0tfried HOEFFE Political Justice - Outline of a Available Philosophical Theory The 2020. 85/131:Stuart J. WOOLF Charity and Family Subsistence: © Florence in the Early Nineteenth in Century
85/132:Massimo MARCOLIN The Casa d'Industria in Bologna during Library the Napoleonic Period: Public Relief
and Subsistence Strategies EUI
85/133:Osvaldo RAGGIO Strutture di parentela e controllo the
delle risorse in un'area di transito: by la Val Fontanabuona tra Cinque e Seicento
85/134:Renzo SABBATINI Work and Family in a Lucchese Paper- produced Making Village at the Beginning of the Nineteenth Century version Digitised 10 -
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
85/135:Sabine JURATIC Solitude féminine et travail des
femmes à Paris à la fin du XVIIIème Research siècle
85/136:Laurence FONTAINE Les effets déséquilibrants du
colportage sur les structures de Institute famille et les pratiques économiques dans la vallée de l'Oisans, 18e-19e siècles
85/137:Christopher JOHNSON Artisans vs. Fabricants: Urban University Protoindustrialisation and the Evolution of Work Culture in Lodève and Bédarieux, 1740-1830 European 85/138:Daniela LOMBARDI La demande d'assistance et les répon ses des autorités urbaines face à une crise conjoncturelle: Florence Institute. 1619-1622 Cadmus,
85/139:Orstrom MOLLER Financing European Integration: on The European Communities and the University Proposed European Union. \ 85/140:John PINDER Economic and Social Powers of the Access European Union and the Member States:
Subordinate or Coordinate Relation European Open ship
85/141:Vlad CONSTANTINESCO La Repartition des Competences Entre l'Union et les Etats Membres Author(s). dans le Projet de Traite' Instituant Available l'Union Européenne. The 2020. 85/142:Peter BRUECKNER Foreign Affairs Power and Policy © in the Draft Treaty Establishing in the European Union.
85/143:Jan DE MEYER Belgium and the Draft Treaty Library Establishing the European Union. EUI 85/144:Per LACHMANN The Draft Treaty Establishing the European Union: the
Constitutional and Political by Implications in Denmark.
85/145:Thijmen KOOPMANS The Judicial System Envisaged in the Draft Treaty. produced
85/146:John TEMPLE-LANG The Draft Treaty Establishing the European Union and the Member version Digitised - 11
PUBLICATIONS OF THE EUROPEAN UNIVERSITY INSTITUTE January 1985 Repository.
States : Ireland Research 85/147:Carl Otto LENZ The Draft Treaty Establishing the European Union: Report on the Fede ral Republic of Germany Institute
85/148:David EDWARD/ The Draft Treaty establishing the Richard MCALLISTER/ European Union: Report on the United Robert LANE Kingdom University 85/149:Joseph J. M. VAN DER VEN Lea droits de l'Homme: leur universa lité' en face de la diversité' des civilisations.
85/150:Ralf ROGOWSKI Meso-Corporatism and Labour Conflict European Resolution Institute. Cadmus, on University Access European Open Author(s). Available The 2020. © in Library EUI the by produced version Digitised • ' t ; ; .y- V /. v A ; ■ Repository. Research Institute University European Institute. Cadmus, on University Access European Open Author(s). Available The 2020. © in Library EUI the by produced version Digitised © The Author(s). European University Institute. Digitised version produced by the EUI Library in 2020. Available Open Access on Cadmus, European University Institute Research Repository. © The Author(s). European University Institute. Digitised version produced by the EUI Library in 2020. Available Open Access on Cadmus, European University Institute Research Repository.