Book Review: La struttura istituzionale del nuovo diritto comune Europeo: Competizione e circolazione dei Modelli Giuridici
| Author | Georg Haibach |
| Published date | 01 June 1997 |
| Date | 01 June 1997 |
| DOI | http://doi.org/10.1177/1023263X9700400208 |
| Subject Matter | Book Review |
Book Reviews
L. A. Deflor ian, La stru ttura is tituziona le del n uovo di ritto co mune
Eu ropeo : Com petiz ione e c ircola zione d ei mod elli giu ridic i, Un iversità
degli S tudi di T rento, Dipartimen to di scie nze giuridiche 1996 , 411
pag es, paperb ack, L. 50.00 0
The bo ok consists of eight chapters:
The fir st chapter is an introduction to the hist ory o f Eu rope an int egr atio n. The author
starts w ith a descriptio n of the ‘formative peri od’, characterized by the ‘constitutiona
lization ’ of the Community. This was brought about mainly by the in terpretation of the
Treaty by the Court of Justice, which in particular developed the concepts o f direct
effect, supremacy, implied powers and fundamental rights. The Member States, on the
other hand, tried to counterbalance this development by keeping strict control over the
decision-making process, in particular with the agreement on the Luxembourg compro
mise, but also with the establishment of COREPER and the European Coun cil. The
period of consolidation and expansion begins, according to the author, with the first
enlargement in 1973; the author characterizes this period by a rise in the legisla tive
activity of the Community, especially by the frequent use o f Article 235 as a legal basis
for second ary legislation.
The present phase, since 1987, which is characterized by the increased possibili ty to
adopt EC law by a qualified majority (Art. 100A, 189B) has in the view of the author
led to a growing tendency of the Member States not to implement EC law, in particular
directives, when they have been outvoted; the juris prudence o f the ECJ on the direct
effect o f directives and Member State liability in th e case of non- implementation of a
directive is seen by the author mainly as a reaction to this. Other important develop
ments are t he 1981, 1986 and 1995 enlargements which, according to the au thor, have
further complicated the decision-making process, as well as the strengthening of the role
of the Eur opean Parliament and th e introduction o f the principle o f subsidiarity which
the autho r sees mainly as a consequence of the discussion about the democratic deficit.
The second chapter explains the pil la r s truc ture o f the E U and the changes in the EC
Treaty bro ught about by the Maastric ht Treaty, in particula r EMU and the institutional
reforms. The author explains the existing problems in the institutional structure, namely
the demo cratic deficit, the complexity o f the decision-making procedures and the lack
of transparency.
The third chapter deals with the p rin cip le o f sub sidi arit y (Art. 3B). The author first
explains its historical roots and makes comparisons with oth er federal constitutions
(namely the U.S. and t he German). She then focuses on the hist ory of the introd uction
of the p rinciple of subsidiarity into EC law and its possible range of application. The
author stresses tha t mainly the Commission, Council and Parliament, to a lesse r degree
the ECJ, will have the task o f implementing this principle, and refers as well to similar
German and American experiences.
MJ 4 (1997) 213
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