Academy of European Law: Panel Discussion on Brexit and EU Law.

Academy of European Law: Panel Discussion on Brexit and EU Law.
See the video at the following link: https://www.youtube.com/watch?v=-Teo2tXrBPE

In response to a magazine article

Today we had a nice conference in Naples. With regard to this event, today "El Món - El diari lliure, obert i per compartir" published the following article:

http://www.mon.cat/cat/notices/2016/06/diplocat_acusa_l_ambaixada_a_italia_de_pressions_contra_un_acte_del_proces_sobiranista_166018.php

In response to that, I would like to clarify the following point: although it is true that the name of my colleague Josu de Miguel Bárcena was added at a later moment, I would like to emphasize that he is a very well-known expert in the field and gave added value to the debate, as was indeed immediately acknowledged by the organizers. I personally enjoyed his speech very much. I also read with interest his very detailed article on Art. 50 TEU  published in "Revista de estudios políticos" two years ago. In general, all the interventions were scientific and based on sound research. We all had different approaches, but exchanged our views as it is normal in academic life. The organization was great, and I would like to take this opportunity to thank the organizers for their hospitality and kindness

The Dis-United Kingdom

 Lorenzo Zucca

The best still has to come: The United Kingdom will have constitutional headaches for the foreseeable future. Scotland is in pole position: there is no doubt as to its willingness to remain in the EU, but now it is forced to go; when two years ago it voted to remain in the UK, the main argument concerned its relation with the EU. Now, it is ready to negotiate independently with EU leaders. Nicola Sturgeon is the only leader who has a clear idea as to what to do. On the other hand, Brexit leaders are divided and unprepared.

Norther Ireland is also on the brink of a major constitutional crisis. The majority wanted to remain in the EU, and to keep Westminster at arm’s length. The peace is recent and unstable; it is potentially a constitutional moment, in which Northern Ireland reflects on its identity, ties and prospects. A constitutional convention could be a way to appease the turmoil that has been stirred by an unwelcome decision to leave the EU.

Then there is Wales and London. Wales will not sit quietly, when everyone is busy asking for more autonomy and independence. Brexit’s domino effect will be felt in the UK as well as in the rest of Europe. It has already been endorsed as a victory by Catalonian Independence movement, and by the Northern League in Italy. It is a reaction against centralisation of power in London and in Bruxelles. It is a reaction to elites who live in capital cities and rule from their ivory tower.

London is not in sync with the rest of the country. Londoners voted to remain, but they have been outvoted by the rest of England and Wales united. It is not surprising: the rest of England is one of the poorest regions in Europe. The gap between London and the rest is outrageous; but let us be very clear: that has nothing to do with Europe. That has to do with UK domestic policies that wiped away the industrial fabric of the country during the Thatcher years. Little has been done in 40 years to relaunch a stable economic infrastructure in England and Wales. The economic engine was in the City of London: financial success propelled the UK for a couple of decades. But when the crisis hit, the rest of the country suffered enormously.

Eastern Europeans, and Poles in particular, are the scape goats of a situation that was inevitable. The blame is directed to the outsiders, taking jobs away, and wrecking the economy. But the truth is that the blame should be directed to the political leaders, Labour and Conservatives, who allowed the country to become so damningly polarised and economically unbalanced. Brexit leaders have exploited basic anger and hatred: they fed these emotions with an enemy. They told lies about the British Eldorado outside of the EU. The sad truth is that people will wake up soon with the same problems and lesser opportunities.

What is unforgivable is that Brexit leaders are no way near to act upon their promises. They are discussing at the moment the meaning of Brexit: OK, the people want us to leave. But in practice, what the hell does it mean?  Brexit leaders do not know. In fact, we do not even know who will lead the negotiations with the EU. This will take time: a new prime minister has to be selected, and he has to appoint a delegation that will negotiate the terms of the exit. It will take time, but there is no time. The clock is ticking and the people would like to see some results. The EU is also keen to resolve the uncertainty; nobody, in fact, welcome years of uncertainty. Companies, businesses, individuals: we all need to know what is going to happen in the near future, in order to make the best decision for ourselves.

Boris Johnson is now shifting to a much more moderate tone. In essence, he would like to maintain a strong relation with the EU, but without any serious (political) commitment: friends with benefits. You do your business, you make your money and that is the end of the story. Well, that is one story from a viewpoint. What Boris is not saying is that in order to have a strong relation, one has to respect all the rules agreed by the EU without having a say. Also, it means that the fundamental economic freedoms at the core of the market have to be respected: they include freedom of circulation of workers, amongst other things. Being a friend with benefits may sound good on paper, but the practice is often more demanding and complicated.

This will all take a long time. By the time Brexit leaders have agreed about the meaning of Brexit, and have elected a new Prime Minister, and have appointed a delegation to Bruxelles, Scotland might have already reached an agreement in Bruxelles. Norther Ireland might have decided to open a constitutional convention. And Wales will have knocked for more devolution. Those who voted Brexit are now celebrating and singing ‘Rule Britannia’ in the streets. They are still dreaming. When they will wake up, they will have to face the facts: there is no Empire, and Brexit will not solve their economic problems. Immigrants will not be deported, and if foreigners decide to leave, this will not solve their problems either. One day, they will wake up to discover that the Kingdom is Dis-United. 

-- 

Lorenzo Zucca

Professor of Law and Philosophy

King's College London

Strand

London WC2R 2LS

+44 207 8482316

The Final Word? Constitutional Dialogue and the Inter-American Court of Human Rights

Jorge Contesse 

Rutgers Law School

June 13, 2016

International Journal of Constitutional Law, Vol. 14 (2016 Forthcoming) 

Abstract:      

In this Article, I discuss the ways in which the Inter-American Court of Human Rights addresses cases adopting a novel approach to legal adjudication — one that relies on domestic notions of constitutional law carried out by domestic jurisdictions. Most scholarship on the inter-American human rights system assumes a top-down approach, whereby the Court merely dictates what countries must do. I argue that a new, bottom-up approach is in place and, further, is required to advance the Court’s legitimacy, especially in the face of criticism by countries, legal scholars and advocates for the Court’s decisions as an illegitimate intervention into domestic affairs. To this end, I critically examine the conventionality control doctrine, whereby domestic judges are expected to decide as if they were “inter-American human rights judges,” and I discuss two decisions that shed light on how the Inter-American Court could use a bottom-up model of constitutional dialogue with domestic jurisdictions.

Number of Pages in PDF File: 29

Keywords: Inter-American Court of Human Rights, conventionality control, judicial dialogue

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2795312

Special Issue on TTIP Leaks - EJRR‏

What do the TTIP leaks mean for the on-going negotiations and future agreement? 



While the TTIP leaks are not the first leak since the inception of the negotiation in 2013, they revealed for the first time the US negotiating position regarding certain chapters of the TTIP draft agreement. As such, the TTIP leaks provide an unprecedented opportunity not only to analyse the contrasting positions of the EU and US on several issues in the on-going negotiations, but also to test the veracity of the competing narratives devised by opponents and proponents of the agreement.

This symposium of the European Journal of Risk Regulation provides a timely analysis of most of the documents released and contextualises them within the broader, on-going negotiations.
It contains 10 research-based opinion pieces by leading academics and practitioners who have been closely following the negotiations in their respective areas of expertise, such as international regulatory cooperation, pharmaceuticals, food safety, agriculture and geographical indications, financial regulations as well as sustainable development.


It is available in free download: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2796620



Best wishes,



Alberto Alemanno

Sabino Cassese - La diffusione della giustizia costituzionale nel mondo - Trento, 10 maggio 2016

Università degli Studi di Trento - Facoltà di Giurisprudenza
Incontri di Diritto pubblico a.a. 2015-2016
Lectio magistralis del Prof. Sabino Cassese

https://www.youtube.com/watch?v=1ig-YFe_M5E

Intervista Prof. Cassese, Presente e futuro della formazione giuridica: a colloquio con il professor Sabino Cassese.

https://www.youtube.com/watch?v=2FJCqIB94vE

Better together or happy apart? Independence Movements in Europe

19 November 2014 - Panel discussion with Steven Blockmans, Centre for European Policy Studies (CEPS), Eve Hepburn, University of Edinburgh, Nico Krisch, Hertie School, Barcelona Institute of International Studies (IBEI),and Jaume López, Universitat Pompeu Fabra Barcelona. Moderation: Mark Dawson, Hertie School In partnership with the Public Diplomacy Council of Catalonia (DIPLOCAT).

Full video: https://www.youtube.com/watch?v=a7217NhAZQQ