policies have preempted certain Land powers. The EuropeanCourtofJustice (ECJ) has said the EC/EU has no powers in the field
of education, but it has used its jurisdiction over economic policy to promote worker mobility. “Mobility” includes mutual recognition of standards and certification in vocational and professional training. Thus, the
ERASMUS and LINGUA programs that provide scholarships for students
in EC/EU member states to study in other member states require mutual
The Länder and German federalism
of bananas, traditionally imported
them from whatever country offered the lowest price, whether or not it
was linked to the EU through the so-called Lomé Agreement giving
preferential trade status to a large number of so-called ACP (African,
Pacific and Caribbean) countries. However, a judgement by the EuropeanCourtofJustice in Luxembourg ruled that this was a violation of
Lomé, in spite of Germany’s protests that in buying from a country such
as Costa Rica it only respected GATT–WTO principles. The economic
interests of the Germans (who consume more bananas per
’ –those that embody difference from the normative subject. In
Vulnerability as a political language
the human rights discourse, the notion of ‘vulnerable populations’ has
been used in order to advocate for special protection or awareness of
marginalised, disadvantaged, and discriminated groups, such as ethnic
minorities and LGBTQ people, vulnerable to violations of their fundamental
rights. ‘Vulnerable populations’ have been established in human rights discourse by the Council of Europe, the European Union, the EuropeanCourtofJustice, and the European
then by the EuropeanCourtofJustice after litigation that was not
concluded until 2014. 38
Why do pensioners matter to net neutrality? If you intend
to regulate access providers as regulated actors, you had better
understand what their motivations are. Such cash deficit payments by BT
affect the wholesale price of broadband to its competitors, with an
Ofcom inquiry in
working week to 48 hours, stipulate
minimum rest periods and set a minimum level of annual paid holiday.8 The
British Conservative Government challenged the Directive on the grounds that
it was introduced through the back door of qualified majority voting in the
area of health and safety. Following the failure of their challenge to the legal
basis of the Directive in the EuropeanCourtofJustice (ECJ), the British
Government issued a consultation document to the effect that ‘implementation needs to be carefully tailored to the circumstances of British business so
procedures to more policy areas. The EuropeanCourtofJustice was
given the right to fine member states found in breach of EC legislation.
New policy areas were brought explicitly into the EC framework for the
first time, such as culture, consumer protection, environment, research
and technological development, industrial competitiveness, and economic and social cohesion. Above all, however, it was the provisions for an
Economic and Monetary Union that would provide the greatest impetus
toward political integration.
Those suspicious of more integration also scored some
limiting the roles of
EC/EU bodies or securing Member States’ veto powers (such as
unanimity in the Council), since they remain hesitant to cede too much
power to non-national actors or to risk being outvoted by majority
decisions and restrictive rule interpretations.
• Communitarisation: in a third phase of treaty amendment, governments then commit themselves to QMV instead of unanimity, for the
sake of efficiency and effectiveness. As for the EP and the EuropeanCourtofJustice (ECJ), Member States are, in the first phase of policybuilding, rather reluctant to
will be further limited. In the EU, for example, a minority block
of EU member industries can be forced – via reluctant national
authorities – to implement a specific directive or regulation. If an
industry fails to comply, it may be brought before a national
court, which is required to interpret national laws in line with EU
obligations. In addition, since 1993 the EuropeanCourtofJustice
has been empowered to impose fines on states that have failed to
comply with previous rulings of the court.
Third, influence is likely to depend on
political activism of the EuropeanCourtofJustice (ECJ) in the process of ‘constitutionalising’ the treaties. Yet it is
doubtful whether subsequent amendments to the founding treaties have
brought about a higher constitutional order, at least when measured against the
constitutional properties of the member nation-states. Rather, it seems that the
larger political unit rests upon the separate constitutional orders of its component parts which, by virtue of their sovereign nature, continue to act as ‘Masters
of the Treaties’ (Herren der Verträge). The mere fact that
The Member States between procedural adaptation and structural revolution
: Neue Juristische Wochenschrift (1996), pp. 2457–2466.
Szukala, Chapter 9, op. cit., p. 238.
Article 234 of the Treaty establishing the European Community (ex Article
Franck, Leclercq and Vandevievere, Chapter 3, op. cit., p. 86.
See Joseph H.H. Weiler, ‘A Quiet Revolution, The EuropeanCourtofJustice
and its Interlocutors’, in: Comparative Political Studies, No. 26/1994,
pp. 510–534. Anita Wolf-Niedermaier, Der Europäische Gerichtshof zwischen Recht und Politik (Baden-Baden: Nomos, 1997).
See Maurer and Wessels, Chapter 2, op. cit.
See for this term Robert D