The Maastricht Journal at Twenty

citation manager

Authors: E. Muir, J. Smits

The Evolution of the EU Economic Governance since the Treaty of Maastricht: An Unfinished Task

citation manager

Authors: A. De Streel

Abstract: This paper reviews the evolution of the Economic and Monetary Union from its inception in 1992 with the Treaty of Maastricht to the most recent reforms adopted in 2013 to respond to the eurocrisis. The paper describes the evolution of the four pill...ars of economic governance: the surveillance and the correction of fiscal imbalances between the Member States which are mainly based on the revised Stability and Growth Pact, the surveillance and the correction of macroeconomic imbalances between the Member States, the coordination of national economic and social policies which are now based on the Europe 2020 Strategy for Growth and Jobs, and the financial solidarity between Member States which is currently mainly based on the European Stability Mechanism. The paper also deals with the institutional implications of EMU evolution with the emergence of an institutional landscape for the euro area. Finally, the paper analyses the implications for the transformation of EU law in terms of sources of law with extensive use of international treaties, recommendations and sui generis contracts between the EU and its Member States, in terms of enforcement mechanisms relying on self-enforcement and peer pressure, and in terms of a regulatory model. The paper concludes with grim perspectives that the recent reforms may not be sufficient to make the euro sustainable.hide

Three Shifts in EU Competition Policy: Towards Standards, Decentralization, Settlements

citation manager

Authors: P. Ibáñez Colomo

Abstract: EU competition policy has undergone fundamental transformations over the past 20 years. The changes observed are substantive, procedural and institutional in nature. Two decades ago, EU competition policy was enforced centrally by the Commission in... a way that is probably best described as traditional administrative law-making. Policy was formulated by means of formal decisions adopted in individual cases and by legislative instruments regulating firm behaviour in detail. Following the adoption of Regulation 1/2003, and as a result of the use of economic analysis, the enforcement landscape is more diverse and decentralized. National competition authorities have emerged as key players in the field (a trend that is also observed in other fields of EU economic regulation, including energy and electronic communications). Individual decisions are now crucially complemented by soft law instruments, the use of which started in the 1990s and which now permeate the whole discipline, and by negotiated procedures.hide

The Transformation of Consumer Law in the EU in the Last 20 Years

citation manager

Authors: J. Stuyck

Abstract: In the early years consumer protection was an exception to the logic of the internal market. Since the case of Dassonville in 1974, the CJEU has recognized the power of Member States to restrict free movement by reasonable measures in the interest ...of consumers (see in particular Cassis de Dijon in 1979). Harmonization of consumer laws will enhance the confidence of consumers and businesses and hence contribute to the internal market programme. So far, fundamental rights have played a limited role in EU consumer law. The contribution of EU consumer law to innovative governance is more important. There is an increasing number of regulations that directly set contractual rights for consumers, and alternative dispute resolution has gained momentum with the recent adoption of an ADR directive and an ODR regulation. The most significant evolution of consumer law in the past 20 years is innovation in the field of enforcement, both by the judiciary and the legislature, such as the active role of the judge (case law on the unfair contract terms directive), ADR, administrative cooperation and individual and collective remedies.hide

EU Environmental Law: Sources, Instruments and Enforcement – Reflections on Major Developments over the Last 20 Years

citation manager

Authors: A. Epiney

Abstract: The purpose of the present paper – in line with the concept of the whole issue – is to examine some cross-cutting questions of a constitutional nature in EU environmental law (innovative use of sources of EU law, regulatory instruments and aspects ...of enforcement). Rather than giving an overview of the development of EU environmental law and policy, this paper will focus on these constitutional aspects with the objective of analysing the contribution of EU environmental law and policy to certain constitutional aspects. It will also look at the potential relevance of specific developments in EU environmental law and policy for other fields of EU law and policy and for the process of EU integration in general.hide

Sources of Law, Regulatory Processes and Enforcement Mechanisms in EU Migration Policy: The Slow Decline of National Sovereignty

citation manager

Authors: A. Wiesbrock

Abstract: As a relatively new area of EU law, the governance and enforcement of EU migration policies continues to differ in many respects from other EU policy areas. The quasi-absence of rights of third country nationals under EU primary law as well as the ...previously intergovernmental nature of the area of migration policies have led to a crucial importance of general principles of law, in particular the principle of effectiveness. Governance processes are characterized by a favouring of non-binding soft law mechanisms, the flexible application of common policy decisions and by efforts to ‘externalize’ migration management and control functions. Finally, challenges in the application of the preliminary ruling procedure have accentuated the importance of Commission infringement proceedings and the principle of effectiveness for the effective enforcement of EU migration law.hide

European Criminal Law as an Exercise in EU ‘Experimental’ Constitutional Law

citation manager

Authors: E. Herlin-karnell

Abstract: This contribution explores the evolution of European criminal law through the prism of EU constitutional law and its experimental elements. The paper charts the history of European criminal law by reflecting on the question of to what degree crimin...al law as an EU policy stands out from the other corners of EU law policies. The paper examines to what extent use of EU law sources in the domain of criminal law has been used in an innovative way and how, as well as to what extent, it differs from mainstream EU law. Furthermore, the paper discusses the issue of enforcement and how the enterprise of EU criminal law could possibly be modernized from the perspective of fundamental rights protection. The paper concludes by looking at the incoming tide of legislative proposals in the area of EU criminal law and how it all adds up to an increased understanding of the AFSJ.hide

Institutional Variation across Policy Fields in the Evolution of European Union Law

citation manager

Authors: B. De Witte