April 4, 2016

Dan Kelemen on "Europe's Lousy Deal with Turkey"

Network member Dan Kelemen (Rutgers) has recently published an article in Foreign Affairs on "Europe's Lousy Deal with Turkey: Why the Refugee Arrangement Won't Work."  Co-authored with Megan Greene, the article criticizes the EU's "cynical bargain to turn Turkey into a buffer zone."  

The first paragraph follows: the full version can be found here (registration required).

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On March 18, the leaders of the European Union reached a controversial deal with Turkey. That agreement, touted as a resolution to the refugee crisis, was in essence a cynical bargain to turn Turkey into a buffer zone. Turkey has agreed to act as a giant refugee holding center, keeping the millions of migrants fleeing conflict in the Middle East from reaching Europe and accepting those sent back from Greece. In exchange, the EU will pay Turkey three billion euros on top of the three billion pledged last November to help care for the refugees. It will also speed up the approval of visa-free travel to Europe for Turkish citizens and revive stalled negotiations over Turkey’s accession to the EU. The EU also agreed to settle a limited number of Syrian refugees—up to 72,000—directly from Turkey to Europe based on a crude “one-in, one-out” trade: for every Syrian smuggled to Greece but returned to Turkey, the EU will legally resettle one Syrian directly from Turkey to a European country. Finally, European leaders promised that once the flood of migration has abated they will implement a “voluntary humanitarian admission scheme,” a vaguely conceived program under which a coalition of willing member states could volunteer to resettle additional refugees.

The article continues here.

March 24, 2016

Max Weber Conference: Democracy and Expertise (March 31-April 1, 2016, NYC)

We are pleased to announce a terrific Max Weber Conference on "Democracy and Expertise" to be held at NYU's Deutsches Haus on March 31 and April 1, 2016.  The conference features a superb lineup, including network members Christine Landfried (NYU & Hamburg) and Gráinne de Búrca (NYU), alongside Mario Monti (Bocconi University; formerly Prime Minister of Italy and European Commissioner), Robert Post (Yale), Katharina Pistor (Columbia), and many others.  The conference will explore the tension between democracy and expertise in an age of innovation and specialization, and at a time when the European Union faces sharp technical and democratic challenges on every side.

Further information and a conference schedule are available here.  Please note that RSVP is required to deutscheshaus.rsvp (at) nyu.edu.

March 22, 2016

Jan-Werner Müller in "Foreign Policy": on Angela Merkel and the "decisive moment ... not just for the EU, but also for Christian Democracy"

Network member Jan-Werner Müller (Princeton) has published a new piece in Foreign Policy entitled "Angela Merkel’s Misunderstood Christian Mission".  The opening paragraphs are below and the remainder of the article can be found here.

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Angela Merkel is in the curious position of having become one of Europe’s moral leaders without ever clearly articulating the real moral dimensions of her decisions. Her emphatic “We can do this” (Wir schaffen das) in response to the arrival in Germany of hundreds of thousands of asylum-seekers has attained the status of a sort of proverb in that country. But she has never otherwise been one for rousing speeches that set out political visions. The sordid details of the deal that she helped seal on Friday with an increasingly repressive Turkey to help control the flow of migrants to the continent has also done little to burnish her reputation as a moral visionary.

But Merkel’s negotiations with Turkey can only be properly considered in the context of the broader moral campaign that she has been waging. It has not always been easy to perceive the distinctly religious aspect of her political agenda, but that does not mean it hasn’t been there. Like few others on the continent, Merkel seems to understand this is a decisive moment not just for Germany, and for the EU, but also for Christian Democracy, one of Europe’s leading governing ideologies of the post-war era.

March 20, 2016

Pietro Faraguna reviews Barsotti et al. on "Italian Constitutional Justice in a Global Context" (Oxford 2015)

In this post, network member Pietro Faraguna (Ferrara) reviews an important new work on the history and jurisprudence of the Italian Constitutional Court from Oxford University Press.

Further information about this volume can be found here.

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Review of Vittoria Barsotti, Paolo G. Carozza, Marta Cartabia, and Andrea Simoncini, Italian Constitutional Justice in Global Context (Oxford 2015) 

Italian Constitutional Justice in Global Context fills a major gap in the international legal literature that has long isolated the Italian constitutional system from global debates amongst scholars of public law. Remarkably, the last comprehensive work written in English on the Italian system of constitutional justice dates from the 1970s: Mauro Cappelletti’s 1971 volume Judicial Review in the Contemporary World. This prolonged lack of accessible scholarship in English struck an odd note, particularly when compared with the vibrant debate amongst public lawyers about the role of constitutional courts in legal orders throughout Europe and worldwide. A lack of English-language literature on the Italian Constitutional Court has muted a potentially influential voice with much to contribute to the global judicial dialogue.

March 19, 2016

Septfontaines EU Law Summer School in Champagne, France (July 2016)

We are pleased to pass on the following announcement from Antoine Duval (ASSER Institute) regarding an EU law summer school at Maastricht University focused on the Court of Justice, involving a series of distinguished speakers.  Note the application deadline of April 30.

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The Septfontaines Summer School of EU law, organised by Maastricht University, will take place in a former abbey in Champagne, France, from 3-10 July 2016. This year's edition will be focused on the fabric of EU law: the CJEU. We bring together top-level EU scholars as well as hands-on practitioners for an intense week of lectures and discussions around the CJEU in an exceptional setting. Participants will have the unique opportunity to engage with Judges, Advocates General and Référendaires and confront their insider perspectives with the more distant observation of the work of the Court by sociologists and legal scholars. This summer school is aimed at students enrolled at a university, PhD researchers, junior researchers in general and young practitioners with a background and strong interest in EU law.

Application deadline: 30 April 2016.

Further information available here.

March 16, 2016

An Open Letter from Kalypso Nicolaïdis to British Voters: "for Europe’s sake, please stay"

We are pleased to cross-post this heartfelt open letter from network member Kalypso Nicolaïdis (Oxford) to her British friends, calling on them to vote to remain in the EU in the referendum on June 23.  The letter originally appeared on opendemocracy.net as part of the "Brexit Divisions" series. The opening paragraphs can be found below, and the remainder can be read here.  


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Dear British friends,

My kids and husband are British, I teach and pay taxes in this country, talk to my village neighbours everyday and love English country lanes, Scottish castles, Welsh road-signs, Cornwall’s gardens and all the bloody rest of it. As a French and Greek citizen, I won’t have a vote in this referendum and yet this is one of the most momentous decisions that will ever be taken in my name, as a European citizen living on this side of the channel.

So, along with the two million other EU expats living here, and millions on the continent who feel passionate about Britain’s European vocation, all I can do is plead: dear British friends, please stay.

Who are we to tell you that the EU is good for Britain, that the benefits of membership outweigh the costs, and that uncertainty is painful for the pocketbook and painful for the soul? Costs and benefits fluctuate over time and everything is uncertain in this day and age.

But there is one thing which many of us from the rest of Europe feel very certain about: the EU would be much worse off without Britain. Yes: don’t just ask what Europe can do for you, ask what you can do for Europe.

[continue reading here]

March 14, 2016

Call for Applications: Faculty Position in EU Studies at the Jindal School of International Affairs

We are pleased to pass along the following call for applications for a faculty position in EU Studies at the Jindal School for International Affairs, India.

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The Centre for European Studies (CES) at the Jindal School of International Affairs (JSIA) is looking to hire a non-Indian national who has completed his or her Ph.D. with a specialization in EU studies - EU foreign policy, BRICS and EU, EU and Social Justice.

It would be desirable for the candidate to be willing to work on EU and interregionalism. The candidate must be willing to be based in JGU/JSIA for at least 3 years from July 2016. There will be research travel to Europe associated with the position. The candidate will be expected to teach courses on EU studies in JSIA's Masters in Diplomacy, Law and Business programme. The position has opened since CES-JSIA has become a part of the Globus consortium within Societal Challenges 6 of the EU Horizon 2020 project.  Further information on the Globus project is available here.

Inquiries should be addressed to Prof. Sreeram Chaulia, Dean, Jindal School of International Affairs: schaulia [at] jgu.edu.in.

Miranda Geelhoed on Reform of the EU's GMO Regime

Network member Kenneth Armstrong (Cambridge) has drawn our attention to a recent piece by Miranda Geelhoed (Edinburgh) in the Cambridge Yearbook of European Legal Studies.  Entitled "Divided in Diversity: Reforming the EU's GMO Regime," it examines one purported solution to the difficulties of GMO decision-making -- Article 26b of Directive 2001/18/EC -- and finds that it fails to adequately account for scientific disagreement.

The abstract is below; the full text is available in the Cambridge Yearbook of European Legal Studies.  Information about the current issue can be found here.  The form to recommend an institutional subscription to the Yearbook can be found here

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This article analyses the recent reform to the EU’s genetically modified organisms (GMO) regime which allows Member States to restrict the cultivation of GMO on their territory for reasons that do not relate to issues of health and safety or the environment. By allowing for national differentiation – although on legally questionable grounds – new Article 26b of Directive 2001/18/EC has been presented as a solution to overcome the impasse in GMO decision-making. However, this article finds that the reform fails to provide a solution for the EU regime’s most pressing problem, namely its disregard for scientific uncertainty and disagreement.

March 11, 2016

Maciej Kisilowski (CEU) on the "moment of truth" in Poland's constitutional dispute

Network member Maciej Kisilowski (CEU) has a new piece in EUObserver entitled "Moment of truth for Poland in constitutional dispute".  The opening passages are below and the remainder can be read here.


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The ruling Law and Justice (PiS) party in Poland suffered two major setbacks this week.

On Wednesday (9 March), the nation’s Constitutional Tribunal declared a sweeping amendment limiting the tribunal’s powers to be unconstitutional.

On Friday, the Venice Commission, an advisory body to the Council of Europe in Strasbourg, issued a powerful concurrence. Like the Polish court, it did not find a single major provision of the amendment, passed by PiS last December, consistent with European principles of democracy and the rule of law.

The twin decisions bring about a moment of truth for PiS. The party can either retreat from its overreach and try to implement its reform agenda within the current constitutional framework or set Poland on the path to authoritarianism.

Warsaw’s international partners should strongly support the moderate course without risking their own “liberal overreach”.

[continue reading here]

March 10, 2016

Lucas Bergkamp on the EU's Ineffective Climate Diplomacy

Network member Lucas Bergkamp (Leuven) has a new post at EurActiv on "The EU's ineffective climate diplomacy post-Paris."  In the post, he criticizes the failure to address "the collective action problem that resulted in the Paris Agreement’s huge disparity between collective ambition and individual obligation."  The opening follows; the full post is available here.

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At a meeting last week, the Council adopted conclusions on “European climate diplomacy after COP21.” This self-congratulatory document celebrates the EU’s diplomatic success in Paris and suggests that more of the same will move the climate agenda forward. According to the Council, the EU-led “High Ambition Coalition” could secure “timely signature, swift ratification, and full implementation by all parties of the Paris Agreement.”

There is nothing in the conclusions, however, that could help to resolve the collective action problem that resulted in the Paris Agreement’s huge disparity between collective ambition and individual obligation.