European Constitutionalism and Its Discontents

Traditionally, the European Community has been set apart from all other international organizations, as well as from states, and Euro- pean Community law has been distinguished from both international law and from domestic law. This was so because of the supposed unique internal structure and processes of the European Community. This splendid isolation is no longer viable. Increasingly in the .be- havior - and study - of other transnational organizations, polities or regimes, the European transnational experience has come to provide a model, a yardstick and a set of analytical and critical tools, and per- haps erroneously, a desideratum. While European Community law is no nirvana, it has contributed to our world-view both as a substantive demonstration of one developmental path and as the instrument of reformation of our perceptions of international law. It is time to rec- ognize that European Community law is not a different species of law, but is a mutation of the same species

La geología del derecho internacional –gobernanza, democracia y legitimidad

Spanish translation of Professor J. H. H. Weiler’s seminal paper in which he explores the relation between democracy, governance and international law throughout history with a novelty geological approach. In the interaction between these concepts and questioning the legitimacy of international law, Professor Weiler identifies three key layers (Transaction, Community and Regulation) that enable a better understanding of such a complex phenomenon.Traducción al español del texto seminal del profesor J. H. H. Weiler en el que explora la relación entre la democracia, la gobernanza y el derecho internacional a lo largo de la historia, a través del novedoso enfoque de la geología. En la interacción entre estos tres conceptos y en la pregunta por la legitimidad del derecho internacional, el profesor Weiler identifica tres etapas claves (transaccional, comunitaria y regulatoria) que permiten comprender con mayor precisión este complejo fenómeno

El Crucifijo en las aulas: libertad de religión y libertad frente a la religión

A partir del caso Lautsi (una demanda de retirada del crucifijo de la escuela pública italiana ante el Tribunal Europeo de los Derechos Humanos), el autor ofrece una reflexión sobre «Libertad de religión» y «Libertad frente a la religión» (o libertad positiva y negativa). Se compara la respuesta de los distintos modelos europeos y se muestra la falsedad de la pretendida neutralidad del laicismo. El análisis viene acompañado por el texto de la intervención oral del autor ante el Tribunal Europeo de los Derechos Humanos, en nombre de varios países miembros.After the case known as «Lautsi versus Italy» (a complaint before the European Court of Human Rights for the removal of crucifixes from Italian state schools), the author offers a reflection on religious freedom and non-denominational state. He compares various European models and shows how the supposed neutrality of secularism is false. This analysis includes the text of the author's oral intervention before the European Court of Human Rights on behalf of several member states

Reinforcing the Rule of Law Oversight in the European Union

This paper provides a critical overview of options available to the EU to deal with the Rule of Law crisis in some of the Member States. The options it engages with were offered and discussed by a handful of the leading experts in the field and drawing on the critical EUI discussion, the first part of the paper tackles the following questions: 1. Why should the EU reinforce the oversight of Member States’ Rule of Law performance? 2. Are there sufficient legal bases for such oversight – should a reform of the Treaties be required? 3. What kind of procedure could be designed to meet the need of such oversight? 4. Which body should be entrusted with the oversight function? The second part provides a word of caution warning of the possible problems related to the EU's involvement with the constitutional core of the Member States

A transatlantic symposium on the Restatement (Fourth)

No abstract available

"Migrants, States, and EU Citizenship's Unfulfilled Promise"

A constant aim of EU citizenship, and indeed the entire project of European integration, has always been to lower barriers and create a common space. If the complete elimination of national borders remains elusive, their importance has been diminished in striking ways by the development of EU citizenship and the ban against nationality based discrimination. Yet the barriers to free movement have been lowered in differential ways. Most citizens of EU member states now enjoy residence, employment and other rights throughout Europe. The extension of some rights to some categories of citizens of some new member states is admittedly sometimes subject to transition periods, but these expire. By contrast, third country nationals -- individuals who do not hold citizenship of one of the member states, even though they may have resided for many years, or even been born in Europe -- remain largely excluded from the benefits of EU citizenship. Various initiatives over the years have opened up limited rights for third country nationals. But the difficulty of enacting these rights, and current moves to more restrictive immigration and naturalization policies, highlight the continuing exclusivity of EU citizenship: immigrants migrate to national polities, and they become European only by virtue of incorporation into national states. This means that EU citizenship's transformative potential remains unrealized.Glendon College (York University