November 24, 2014

The Network on SSRN: Gráinne de Búrca, International Law Before the Courts: The European Union and the United States Compared

Network member Gráinne de Búrca (NYU Law) has alerted us to a new article she has posted on SSRN, entitled “International Law Before the Courts: the EuropeanUnion and the United States Compared.”  The article is forthcoming from the Virginia Journal ofInternational Law.  The abstract is below and the full article may be downloaded here.

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Against the background of a broadly shared perception of the US and the EU as very different kinds of international actors, and a related assumption that the approaches of the US Supreme Court and the European Court of Justice towards the internalization of international law are also very different, this article takes a systematic look at the approaches of the European Court of Justice and the US Supreme Court to the internalization of international law over the decade 2002-2012. The perception of the US in recent decades has been as a frequently unilateralist and exceptionalist actor in international relations, with the Supreme Court remaining resistant to law which emanates from outside the American legislative process, or which lacks a clear domestic imprimatur as applicable US law. The EU, by comparison, is seen as having a greater commitment to multilateralism and to the development and observance of international law, and the case-law of the Court of Justice has until recently been broadly viewed – with WTO jurisprudence seen as an exception – as actively contributing to shaping that image through its embrace and internalization of international law norms. The analysis over a ten-year period of the case law of the two courts dealing with international law suggests that, rather than a simplified picture of the Supreme Court as the skeptical judicial arm of an internationally exceptionalist United States and the CJEU as the embracing judicial arm of an open and internationalist European Union, there are many more commonalities between the approaches of the two courts than conventional depictions acknowledge.


November 18, 2014

Announcement from the SEALS International Committee: Two International Conferences in April

Network member Patrick Hugg (Loyola-New Orleans) has alerted us that the International Committee of the Southeastern Association of Law Schools (SEALS) has announced two special international conferences in 2015:

1) A three-day research conference entitled Searching for Solutions in Cyprus, jointly presented by SEALS, the European Law Faculties Association, and Eastern Mediterranean University, conducted in Famagusta and Lefkosa, Northern Cyprus, April 13 - 15, 2015. 

and immediately following that:

2) SEALS international member and current President of ELFA, Dean Haluk Kabaalioglu cordially invites all SEALS members to join us for the European Law Faculties Association Annual Meeting, in Istanbul, April 16 - 18, 2015.

For more information about these exceptional opportunities to meet international colleagues, as well as engage in research, contact Prof. Patrick Hugg at hugg@loyno.edu, and for specifics about the ELFA Annual Meeting, see http://elfa-afde.eu/annual-general-meeting/agm-istanbul-2015/.

November 7, 2014

Job Opportunity: Executive Director of HEC-NYU EU Regulatory Policy Clinic in Paris (deadline: Nov 9)

Network member Alberto Alemanno (HEC-Paris/NYU) has asked us to forward the following notice of a job opportunity.  Please pass on to potentially interested parties and also note the (extended) deadline for applying is November 9:


New York University School of Law and HEC Paris are seeking qualified applicants for a full-time term-limited non-faculty position as the Executive Director of HEC-NYU EU Regulatory Policy Clinic in Paris. The Executive Director will be responsible for engaging in case selection and advocacy to promote the clinic's mission and goals; supervising students in all aspects of the clinic's work; and teaching clinical skills under close faculty supervision. The initial term of the appointment will be January 1, 2015 to June 30 2015. Subsequently the agreement will be evaluated for renewal annually.

The candidate must hold a law degree with a specialization in European Union Law, be a qualified lawyer in at least one jurisdiction, and have a good understanding of EU policymaking, a public interest vocation and an entrepreneurial attitude. A PhD, a record of relevant publications and teaching and previous exposure to US legal education would be a plus.

Please note that this opportunity closes on November 9, 2014 (extended deadline). 

Candidates for this position should provide:  a cover letter; a one page statement of interest and vision for the position; and a resume or C.V. to Prof. Alberto Alemanno, Scientific Director of the HEC-NYU EU Regulatory Policy Clinic at alemanno@hec.fr. NYU School of Law and HEC Paris are committed to a policy of equal opportunity.


For more information about the clinical program, visit the HEC-NYU EU Regulatory Policy Clinic webpage: http://elabeurope.eu/hec-nyu-clinic/

October 30, 2014

The Network on SSRN: Philomila Tsoukala on Household Regulation in the Crisis of European Integration

Network member Philomila Tsoukala (Georgetown) has posted a new article on SSRN, entitled “Household Regulation and European Integration: The Family Portrait of a Crisis.”  The article is forthcoming from the American Journal of Comparative Law and can be downloaded in full here.  The abstract is below.

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This article develops a theoretical framework for analyzing the regulation of the household and its effects on the economy. Incorporating insights from family economics, comparative family law, legal realism, political economy and feminism, it describes the array of different legal regimes that can affect household composition and function. The article then analyzes the case of Greece using this framework. It argues that the role of households organized as families was a central element in the Greek debt crisis, overlooked by scholars and policymakers alike. It identifies the host of legal regimes that helped consolidate families as the main providers of both welfare and employment and analyzes the consequences of this organization for Greece’s economy. Finally, the article argues that a household based analysis offers useful comparative insights in the context of the euro crisis and its management. More specifically, it elucidates how the structural reforms now required through the European Semester necessitate a dramatic transformation of basic schemes of welfare provisioning. It argues that without additional support these transformations are likely to fail or have dramatic unintended consequences.

October 21, 2014

National Constitutional Rights as a Limit on the Application of European Law in Integration's Early Decades (Will Phelan)

Network member Will Phelan (Trinity College Dublin) has let us know about a new article entitled "The Limited Practical Relevance of National Constitutional Rights as a Constraint on the National Application of European Law in the Early Decades of European Integration". The article is available from the Irish Journal of European Law and can be downloaded in full here. An abstract is below.

Scholarship on the early development of the supremacy of European law has frequently been dominated by discussion of the possibility that a directly effective European law obligation would not be applied in the national legal order because it violated a national constitutional law fundamental right, as discussed, for example, in the Frontini and Solange decisions of the Italian and German Constitutional Courts. This paper argues that such a possibility should instead be seen as of limited practical relevance. This claim is supported by early scholarship on the application of European law in the national legal orders and by the practice of constitutional review of laws giving execution to treaty obligations in Denmark, Ireland, Italy and Germany, including the German Constitutional Court’s 1955 decision on the Saar Statute. Two conclusions are drawn from this discussion. First, scholarship examining the development of European law supremacy in relation to national constitutional law fundamental rights in particular should be situated within the context of the flexible and politically sensitive approach to adjudication demonstrated by Europe’s national courts in their decisions on potential conflicts between constitutional rights and international legal obligations. Second, scholarship offering a general explanation of the development of the supremacy of European law should not focus on the national constitutional rights question to the exclusion of a thorough examination of national law solutions to European law’s lex posterior problem. 

October 8, 2014

Announcement: Picketty and Ashton at EUSA Conference (March 5-7, 2015 in Boston); extended deadline until October 10 to submit panels

Network member Michelle Egan (American), also Chair of the European Union Studies Association (EUSA) Executive Committee, asked that we forward this important announcement:

Dear EUSA members,

As the extended deadline approaches this Friday Oct. 10 for submissions for the biennial conference in Boston, March 5-7,2015, we'd like to share with you one more reason that this is a EUSA that is not to be missed! In addition to Thomas Piketty's plenary lecture on the evening of Friday, March 6, a plenary session at noon the same day will feature Lady Catherine Ashton, outgoing High Representative of the EU for Foreign Affairs and Security Policy, in a discussion involving Peter Katzenstein, Kathleen McNamara, and Brian Rathbun.


We look forward to seeing you in Boston!