European Community Institutions Research Articles

At the Cradle of Legal Scholarship on the European Union: The Life and early Work of Eric Stein

This Article studies the career and academic work in the field of European law by Eric Stein (1913–2011), the University of Michigan Law School professor who is often acknowledged as the father of English legal scholarship on the European Union. Few—if any—experts on European law can indeed claim to have had a career as long, prolific, and influential as Eric Stein's. From 1955 to the very end of his life, the Czech-born American scholar produced numerous books and dozens of papers on European legal integration, including his 1981 classic Lawyers, Judges, and the Making of a Transnational Constitution. The present Article focuses on his life and career until 1983 and is structured in three chronological periods. It traces his personal and professional journey from his native Bohemia to his appointment at the University of Michigan Law School, then contextualizes and analyzes some of his most influential academic writings on Community law. It argues that Stein's success resulted from his correlated abilities and efforts to produce (alone and in collaboration) pathbreaking academic research on the development of European Community (EC) law and institutions, to establish the University of Michigan Law School as a renowned center of excellence in European legal studies, and finally to develop an extensive network with European scholars and communities officials. This Article is based on Eric Stein's personal papers and interviews as well as on several key private archives.

Emplois, économie, environnement : le développement de la filière palmier à huile en Côte-d’Ivoire

The first oil palm plantations in Ivory Coast date back to colonial times. Development was at that time privately driven by European companies. Then a period of rapid expansion followed, from 1963 to 1995, planned by the Ivorian government which received financial assistance from the European Community and international institutions. Privatization occurred under the pressure of the IMF (International Monetary Fund) through Structural Adjustment Programs, which entailed a difficult period of reorganization. But after several years, stakeholders succeeded in setting up an interprofessional association where all interests are represented. Expansion resumed, mainly driven by downstream refiners and soap manufacturers. The sector is now facing new challenges: there is a need to increase the output of raw material, namely the FFB (Fresh Fruit Bunches), through a better productivity, especially in smallholdings, and the development of new estates. Suggestions are made for a new policy which takes into consideration environmental and social constraints to promote sustainable development.

Protecting Health, Environment and Agriculture: Authorisation of Generically Modified Crops and Food in the United States and the European Union

Millions of agricultural producers from around the globe now cultivate genetically modified (GM) crops. In both the United States and the European Union, these crops and their food and feed products must be approved after evaluations designed to protect health, the environment, and agriculture. In the United States, federal agencies implement the authorisation process; in the European Community, both Community institutions and Member State authorities play roles. This article describes the comprehensive regulatory provisions that govern GM crops and their products under US and EC law. The article then compares requirements in the two legal systems, with a focus on the process of authorisation, requirements for labelling, and the exercise of precaution in the regulatory process.

NGO Standing in the European Court of Justice – Does the Aarhus Regulation Open the Door?

This article assesses whether the new European Community (EC) Regulation applying the provisions of the Aarhus Convention to EC institutions and bodies provides non‐governmental organizations (NGOs) with access to justice in compliance with the EC's obligations under the Aarhus Convention. We conclude that, notwithstanding the uncertainty over the wording finally adopted in the Aarhus Regulation, the procedural rights granted to NGOs in the Regulation brings NGOs within the standing requirements of the EC Treaty, such that they can seek justice in the European courts. This is a significant development in the field of environmental democracy and procedural rights to the environment – including the ability to seek enforcement of the right to a healthy environment.

Participation of NGOs before the WTO and EC tribunals: which court is the better friend?

The dispute settlement system of the European Community (EC) is undeniably much more elaborate than that of the World Trade Organization (WTO). The reasons for this are evident. First, unlike the WTO the EC, being a supranational organization, has the competence to adopt legislative and administrative acts in its own right. Democratic principles require that the legality of these acts can be examined by a judicial body. Second, legislative and administrative acts of the EC frequently have a direct impact on EC citizens. It would be contrary to democratic principles if citizens affected by legislative or administrative acts of the EC were not able to have the legality of such measures examined by a judicial body. By way of contrast, the inter-State nature of WTO proceedings is such that its dispute settlement system is exclusively open to WTO Members. Third, the EC institutions are capable of beginning legal proceedings against each other and against EC Member States. In particular, if the EC Commission considers that an EC Member State has failed to fulfill an EC Treaty obligation, it may bring the matter before the ECJ. In WTO law, there is no opportunity for inter-institutional proceedings or proceedings between the WTO and its Members.

EU環境政策に関する一考察

This paper examines the forms and roles of stakeholder involvement and public participation in the EU environmental governance.The Commission adopted the White Paper on European Governance in 2001. It concerns the way in which the Union uses the powers given by its citizens because the Union is often seen as remote and at the same time too intrusive. The White Paper, therefore, proposed “Better involvement”, “Better policies, regulation and delivery”, “The EU's contribution to global governance” and “Refocused policies and institutions”, and defined five principles underlying European governance of openness, participation, accountability, effectiveness and coherence.On the other hand, the “participation” is one of the indispensable conditions in the sustainable development as Principle 10 of the Rio Declaration defines “Environmental issues are best handled with the participation of all concerned citizens, at the relevant level”. It is recognized that the EU environmental policy has been legitimized by the policy effectiveness since its beginning and later required the democratic procedures which strengthen democracy and also ensure efficient policy implementations.The EU has adopted a lot of directives including provisions on public participation, e. g. the EIA directive. And the Commission adopted legislative instruments in order to apply the Århus Convention-access to information, public participation in decision-making and access to justice in environmental matters-to the European Community institutions and bodies, e. g. “general principles and minimum standards for the consultation of interested parties”. The EU opens up the policy-making process to get more people and organizations involved in shaping and delivering it's policy. However, it is to be understood that the EU institutions and bodies remain the decision-making authority and the representative democracy is essential in the EU political systems.These systems and measures seem to institutionalize the “deliberation” in the EU environmental policy process, which allows for the information provided by those concerned and their views to be taken into account at the earliest possible stage in the political decision-making process and is believed to contribute to solve the problems mentioned in the White Paper. The successful environmental policy needs the interaction and partnership among all levels and all sectors with democratic process. The deliberative arrangements cannot always lead to the ecologically rational policy output, but the deliberation is expected to play an important role in the democratic legitimacy of EU environmental policy.

A Model of the Transformation Process of Statutory Monopolies in European Community Law: From Practice to Theory

This article proposes a model of the transformation process of statutory monopolies in European Community (EC) Law, on the basis of the liberalisation of the markets which has taken place in the past ten years. Despite discrepancies between the paths chosen for the various public utilities’ sectors, EC institutions, including the Court of Justice of the European Communities, have pursued a policy, which they have constantly refined, regarding the transformation of statutory monopolies, regardless of its legal basis in the EC Treaty. After first defending a very far-reaching approach in favour of total liberalisation, EC institutions have adopted a more balanced attitude towards statutory monopolies. This is reflected in a four-tier transformation programme, which comprises both a functional and a structural transformation.

In pursuit of selective liberalization: single market competition and its limits

Within Europe's single market, private sector firms and business associations have sought to use EC competition rules to broaden competition in a range of public sector activities. Has capital's ability to pursue its interests at multiple levels within the European polity rendered national governments less able to define the timing, scope, and extent of economic liberalization? When and how can governments exercise political regulation of markets in the face of potent liberalizing forces? The article draws on evidence from three areas in which European Community institutions have articulated a clear logic of liberalization and private sector actors have appealed to single market competition rules to broaden market access. In each area - the procurement of goods and services by public authorities, the German banking sector, and postal services - private sector actors have succeeded in legal proceedings against government practices that restrict competition. However, the study finds that the parameters of liberalization ultimately depend on the selective incentives faced by private sector actors, the needs of domestic political institutions, and the intensity of government preferences.

Allies or Subversives? The Judiciary and Democracy

In the search for democracy, are judges allies or subversives? Until very recently, British constitutional law appeared to present a relatively straightforward answer to this perennial dilemma: judges are only allies if their power is clearly subordinate to that of Parliament. In terms of constitutional theory, this faith in the political process and corresponding distrust of the judiciary is expressed through the principle of parliamentary sovereignty. However, the imminent enactment of a Human Rights Act in Britain compels a reconsideration of this response. It is true that the judiciary has always played a significant role in law-making through the common law and statutory interpretation. It is true, too, that non-constitutional judicial review has developed vigorously in the past few decades. Yet it has always been possible to assert, not least by the judiciary, that law-making of this sort is subordinate to parliamentary law-making and is justifiable by and legitimated in terms of parliamentary intent. Parliamentary sovereignty has, of course, been challenged explicitly by membership of the European Union. Faced with the confident assertion by European Community institutions of the sovereignty of European Community law, the judiciary has gradually shifted its allegiance from Parliament and acknowledged the supremacy of EC law in its sphere of operation. This shift of allegiance is revolutionary in one way. Nevertheless, judicial law-making remains subordinate, although to a differently constituted legislature.

Representing diffuse interests in EC policy-making

Protecting diffuse interests has long been recognized as a central challenge in any system of governance, and has proven problematic in the European Community (EC) as well. Indeed, a number of analysts have argued that the EC is a 'businessman's Europe', privileging concentrated and mobile capital over other interests and precipitating a deregulatory 'race to the bottom'. EC institutions, however, present opportunities as well as risks for diffuse interests such as environmentalists, consumers, and women. In particular, the institutions of the EC - characterized by both multiple tiers of government and by a separation of powers at the Community level - provide diffuse interests with multiple points of access, which they have used effectively to secure the adoption and the implementation of EC policies. These arguments are illustrated through a brief examination of EC policies in the areas of environmental protection, consumer protection, and women's rights.

The Development of Economic Thought at the European Community Institutions

The Development of Economic Thought at the European Community Institutions

Monetary policy in europe: towards a european central bank and one european currency

Most alternative blueprints for European Monetary Union (EMU) differ in their opinions about convergence requirements or the need for binding fiscal rules and controls of individual national governments' debt policies, but there is, if not complete consensus, widespread agreement that the European Central Bank (ECB) should be independent of political control from both European Community (EC) institutions and national governments. The main argument for an independent European central bank is empirical: those countries in which central banks are insulated from the political process and charged with maintaining price stability have experienced the lowest and most stable inflation rates in recent decades. The present paper reviews and critically evaluates this political economy literature which relates inflation performances to the constitutional features of central bank statutes. Based on this assessment the draft statutes of the ECB and the constitutions of the individual European national central banks are discussed in terms of the independence they grant central bank board members from partisan influences. Furthermore, concrete country-specific suggestions for enhancing central bank independence during stage two of the gradual transition to EMU, which is to be completed by 1999, are made. It is argued that in some countries laborious constitutional reforms of central bank statutes are overdue and must be implemented in order to make these institutions fit for an anti-inflationary EMU.

THE NEEDS AND PROSPECTS OF PHOTOVOLTAIC SYSTEM TECHNOLOGY—A EUROPEAN PERSPECTIVE

In photovoltaic systems development four major areas of interest can be seen in Europe. These are elementary electricity supply to isolated houses, photovoltaic applications in buildings and grid-connected houses, power plants in the megawatt range for utility applications and last but not least, cooperation with developing countries. The Commission of the European Communities has traditionally given strong emphasis to photovoltaic system development. In the budget period 1993-94, the Commission has provided approximately 20 Mio ECU (23 Mio US Dollars) for system development, demonstration projects and regional integration. This represents about 50% of the Commission's total spending on photovoltaics. The European Community institutions, in cooperation with the governments of the EFTA countries, are currently preparing the Fourth Framework Programme in research and technological development which covers the period until 1998 and which will include photovoltaic development and demonstration. The EC Commiss...

Between the Single Market and the European Union

The European Community (EC) is poised between 31 December 1992, the target date for the completion of the internal market, and the coming into force of the Maastricht Treaty on European Union (TEU) upon ratification by Germany. The TEU presents integrationists with the constitutional structures for a decisive move to federation whose legal foundations currently run far deeper than popularly represented. Consequently there is urgent need for informed public participation in the shaping of European structures. Furthermore, there is growing discussion in the EC institutions on proposals for a European Constitution directly enacted by Union citizens. At the same time, the recent currency upheavals culminating in the weakening of the exchange rate mechanism raises questions of the stability of the EC's foundations. This article aims to provoke debate by raising arguments on a series of issues in the light of the legal approfondissement and in reaction to it. Section I summarizes the constitutional advance of the EC prior to the TEU towards the legal system of a federal nation. Section II raises the issues of spill-over, nationalism, democratic deficit, debate, referenda, social marginalization, and rights in the light of this undiscussed approfondissement.

Between the Single Market and the European Union

The European Community (EC) is poised between 31 December 1992, the target date for the completion of the internal market, and the coming into force of the Maastricht Treaty on European Union (TEU) upon ratification by Germany. The TEU presents integrationists with the constitutional structures for a decisive move to federation whose legal foundations currently run far deeper than popularly represented. Consequently there is urgent need for informed public participation in the shaping of European structures. Furthermore, there is growing discussion in the EC institutions on proposals for a European Constitution directly enacted by Union citizens. At the same time, the recent currency upheavals culminating in the weakening of the exchange rate mechanism raises questions of the stability of the EC's foundations. This article aims to provoke debate by raising arguments on a series of issues in the light of the legal approfondissement and in reaction to it. Section I summarizes the constitutional advance of the EC prior to the TEU towards the legal system of a federal nation. Section II raises the issues of spill-over, nationalism, democratic deficit, debate, referenda, social marginalization, and rights in the light of this undiscussed approfondissement.

The European Community and Its Archives

The political and economic integration of the twelve countries which constitute the European Community will mandate the harmonization of archival practice within the community. The national archivists of the twelve countries are preparing archival policy to be discussed by the European Council of Ministers. High on this agenda will be the harmonization of legislation and practice concerning access. Harmonization is also sought in appraisal policies, in standards for buildings and equipment, in the adaptation of new technologies, in copyright protection, and in procedures for the lending of documents. Such harmonization among national archives would hopefully match efforts to establish a coherent archival policy for the records of European Community institutions. The author does not advocate a total archival integration but does favor a structure which would allow for the free communication between archival systems and which would foster equal access and care for European archives.

The European Community Between Three Ways of Life: A Cultural Analysis*

[From the Introduction]. What kind of institution or set of institutions is the European Community (EC) becoming? What kind of decisions is it likely to take and how is it likely to take them? The discussion in this paper will revolve around three possible scenarios for the EC's future development, which differ in terms of the strength of central EC institutions, the extent of the enlargement process and the character of the legislation enacted at EC level. The first assumes that the EC will not develop strong central institutions, that it will be willing and able to accommodate as many states in Europe as wish to join and that it will only legislate to the extent necessary to ensure the efficient regulation of the large economic area due to emerge out of the 1992 programme. The second supposes that EC institutions will continue to place a premium on the equal status of all members and hence the need to respect rules of equity in decisions taken, that candidates for membership will find it difficult to obtain the endorsement of all concerned for their applications, and that regulations wilI seek not just to create a level economic playing field but also to combat economic disparities between members. And the third takes as its premise that the decisional structure will be strengthened with greater stress on individual members making sacrifices in the interests of the whole, that the decisions on enlargement will reflect the position of the majority and that the shape of the legislative agenda will be similarly be determined by a majority with no one member able to block its development.

European utilities policy: The emerging legal framework

Public utilities have come under increasing scrutiny from European Community institutions in recent years. This article examines the impact of Community law and policy on the utility sector from three perspectives. It describes the basic principles of Community law which are applicable to the sector and suggests some reasons why utilities were neglected until the adoption of the Single Market exercise. It then examines the Commission's proposals to extend the Community rules on public procurement to the ‘excluded sector’, ie water, energy, telecommunications and transport. Finally, it describes the potential impact of the Commission's new ‘trans-European network’ proposals for this sector. The article argues that while it is not yet possible to talk of a coherent Community utility policy, some basic orientations are becoming apparent.

Cautious revolution: the European Community arrives

The idea of community the foundations of the current European Community the European Community Institutions in operation trade the common agricultural policy the European Monetary System technology, training, and the industrial future political co-operation the European Community, the United States, and the world. Appendices: the commission's division of responsibilities, 1990 the European Council summit the Community's budgetary process.

The Development of the 'Programme Approach' in the Common Regional Policy: An Evaluation of the British Experience

The current European Commission proposals for amendments to the Regulation establishing the European Regional Development Fund (ERDF) envisage major administrative and procedural changes in the operation of the fund. Such changes would involve, inter alia, a different method of providing financial support from the quota section of the ERDF, a significant increase in the size of the non-quota section and the consolidation within the Common Regional Policy (CRP) legislation of the provisions concerning integrated operations. Of all the changes envisaged, perhaps the most significant concerns the proposition that assistance from the quota section of the ERDF should, after a transitional period of three years, be replaced by the financing of multi-annual programme contracts. When added to the suggestion that European Community institutions would have a greater say in the way that ERDF assistance is applied, it is clear that these ideas would establish the programme approach as a fundamental element in both the CRP and the regional policy of member states. Given the potential significance of these proposals, this article explores the history of the programme approach to regional development, outlines the various forms it currently assumes and, on the basis of past experience and present proposals, assesses the prospects of its further consolidation within the CRP. While making reference to the situation in other EEC countries, the paper draws primarily from the British experience.