Panel IV: POLICIES OF JUSTICE – ON THE EU’S PROBLEM WITH DRAWING BORDERS BY LEGAL MEANS

"Europas Gerechtigkeit" - Achte Internationale Jahreskonferenz des Exzellenzclusters "Die Herausbildung normativer Ordnungen"

Freitag, 20. November 2015, 13.00 bis 15.00 Uhr

The topic of this panel is one of political justice between states. It deals with the tensions between universal claims to justice and political choices of inclusion or exclusion as they occur in the relationship of the EU and outside states, candidate states, or  member states. The EU, which likes to defi ne itself as a “legal community” has to take decisions which are political in character, but follows a custom to express and to justify them in normative terms. This behaviour at times creates gaps between normative aspirations and political results which contribute to the volatility of acceptance of the EU both by its citizens and state actors. The problem occurs in various contexts, as Europe’s neighbourhood politics, development cooperation, the fi nancial crisis and, most recently, the infl ux of refugees may illustrate. The participants on the panel will focus on questions of international political justice in the field of security politics, i.a. in relation to Ukraine, on the admission of new members along the lines of both politics and  predefined normative standards, and on the possible failure of earlier choices and its consequences for the rule of law in the Greek crisis.

Chair: Prof. Dr. Stefan Kadelbach (Director of the Institute of Public Law, Goethe University Frankfurt, member of the Cluster of Excellence “Formation of Normative Orders”)

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Born 1959; 1979-84 studies of literature and law at Tuebingen and Frankfurt; 1986 studies at Academy of Administration in Speyer and Hague Academy of International Law, 1987/88 at University of Virginia; 1984-87 preparatory civil service; 1991 dissertation (Dr. jur.) on peremptory norms of public international law; 1996 PhD (habilitation) on administrative law under the infl uence of EU law; 1997-2004 professor (tenure) at the University of Muenster (Westphalia). Guest professor and lecturer at the University of  Virginia (1999), the European University Institute (2000), the Institute of State and Law of the Russian Academy of Sciences (2002/03) and at Chuo University Tokyo (2004). Since 2004 at Goethe University Frankfurt. Director of the Institute of Public Law,  member of the Cluster of Excellence “Formation of Normative Orders”. Since 2014 Rapporteur of the International Law Association’s Human Rights Committee. Working Fields: Constitutional law, public international law and EU law, with an emphasis on foreign relations powers, federalism, multi-level governance, human rights and theory of international law.

Lecture 1
Prof. Dr. Helene Sjursen (Professor at ARENA, Centre for European Studies at the University of Oslo)

A Duty to Expand? The Question of Obligations Towards “the Other” in a European Context

Abstract
Enlargement is considered one of the major successes of the European Union. Yet, the EU’s commitment to include new members is a puzzle for most IR theories. As the cost of expansion has generally been expected to outweigh the benefits, why does the EU not just remain a club for the well off? Enlargement is usually understood to be the result of the EU’s sense of obligation to secure liberal democratic rule. But the wave of enlargement to Central and East European states in the fi rst part of 2000 suggests that it is bolstered by a specifi c commitment to Europe. The justifi cations presented to EU citizens during the Eastern enlargements were that of a duty to enlarge, a duty to ensure that the “other” Europeans were able to rejoin Europe. There is a  cosmopolitan duty to help (hospitality) but not to membership (residence). But the EU has turned membership into a question of a right for those belonging to a specifi c community. While making enlargement possible, this self-imposed duty also creates a particular challenge to the EU compared to other Western organisations such as for example to NATO. To the extent that citizens of non-member states refer to the EU’s duty to expand, on what grounds can their appeal be denied? Enlargement may be an efficient means to resolve the fundamental problem of dominance and arbitrariness that is inherent in international politics, but it is only so within a certain scale. At some point a continuous expansion risks creating its own problems of dominance at a global level as well as malfunctioning at the regional level. Ultimately, it presents the Union with the unresolved dilemma of fi nding legitimate ways to justify the drawing of its borders.

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Helene Sjursen is Professor at ARENA, Centre for European Studies at the University of Oslo. Her research interests include the EU as an international actor, transatlantic relations, democracy and foreign policy and EU enlargement. Sjursen has been at ARENA since 1997 and has previously worked as a lecturer in politics at the University of Glasgow and the University College Dublin. She holds a Ph.D. in international relations from London School of Economics and Political Science (LSE). Sjursen chairs ARENA’s research group on EU foreign policy. She is author of more than 60 academic publications, among them one singleauthored monograph, five edited and co-edited books, and four edited special issues. She has been member of a number of government-appointed committees, inter alia the Advisory Council for Disarmament and Security Affairs, Norwegian Ministry of Foreign Affairs, and the European Economic Area (EEA) Review Committee on Norway’s relations with the EU. In 2006 she received the Anna Lindh Award for her contributions to research in the fi eld of European foreign and security policy. Her most relevant works regarding the topic of her lecture are: The EU‘s Common Foreign and Security Policy: The Quest For Democracy (guest editor, Special Issue, Journal of  European Public Policy, 18(8), 2011); Questioning EU Enlargement: Europe in search of identity (London: Routledge, (ed.) 2006); and What Kind of Power: European ForeignPolicy in Perspective (guest editor, Special Issue, Journal of European Public Policy,  13(2), 2006).

Lecture 2
Prof. Dr. Harald Müller (Member of the Board of Directors of the Cluster of Excellence called “The Formation of Normative Orders”, Vice-President of the EU Consortium for Non-proliferation and Disarmament)

International Political Justice in Europe: The Distribution of Security and Opportunity for Influence in Security Policy

Abstract
This contribution deviates from mainstream accounts of political justice in three ways. First, while most of the studies on this issue take a normative approach, mine is an empirical one that follows the proposal of David Welch to count “a claim to an supposed  entitlement” as justice claim and a contest about an entitlement or a clash of several opposite ones as justice conflict. Second, while most studies look at justice for individuals and take a cosmopolitan orientation, I look at justice among states without a  preconception how it should be substantiated. Third, while most work on justice focusses on the distribution of material goods (focus on social justice) or ideational goods (focus on human rights), mine is interested in the distribution of political goods/values,  looking at the way security and influence are distributed among state actors in Europe and through which institutions and practices. For empirical illustration, I draw on the Ukraine crisis as a contest between Russia and NATO, and on disputes on nuclear disarmament within the EU as a contest between France and Austria. I first try to identify what  justice claims the actors have uttered, how these claims may coincide or clash, and what the outcome has been until today.

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Harald Müller has been Executive Director of the Peace Research Institute Frankfurt (PRIF), a member of the Leibniz Association, from 1996 to 2015. He is now serving as Member of the Board and is head of Program Area I (Security of States). Together with Christopher Daase, he is directing the project “Salafi sm in Germany”. He is also Professor of International Relations at the Goethe University Frankfurt. Prof. Müller has been a member of German delegations to the Review Conferences of the Nuclear Non-Proliferation Treaty 1995-2010. From 1999 to 2005 he was member of the Advisory Boardb on Disarmament Matters of the UN Secretary General, chairing the Board in 2004. Between 2004 and 2005 he was appointed member of the Expert Group on Multilateral Fuel Arrangements of the International Atomic Energy Agency. From 1999 on, he has been co-chairing the Working Group on Peace and Confl ict at the German Foreign Office’s Planning Staff. Since 2007 he is member of the Board of Directors of the Frankfurt University’s Cluster of Excellence called “The Formation of Normative Orders” and since 2010 Vice-President of the EU Consortium for Non-proliferation and Disarmament. His research focuses on disarmament issues, theories of democratic peace, great power relations, disarmament, arms control, and non-proliferation. His  latest book is WMD Arms Control in the MiddleEast. Prospects, Obstacles and Options (Farnham (UK)/Burlington VT, Ashgate, 2015).

Lecture 3
Dr. Michael Ioannidis (Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg)

Weak Members and the EU Rule of Law: The Case of Greece

Abstract
The contributions offers an approach to the Greek crisis that does not focus on its economic dimensions, but rather on a constitutional concept that is in the core of contemporary European debates: the rule of law. The ongoing crisis has revealed that Greece’s economic problems are coupled with systemic, far-reaching problems in application of law by the administration and the judiciary. Corruption, incoherent law formulation, and disproportionate delays in delivering justice suggest that Greece can be treated as a type of weak state within the EU. Without an effective administrative and judicial system, however, able to guarantee that norms do not stay in the books but govern effectively social conduct, the normative quality of law is undermined. Two types of questions may rise from this observation. Firstly, whether we can conceptualize these problems using categories of EU constitutional law, and,  more concretely, the concept of the rule of law, which fi gures prominently in Art. 2 TEU as one of the values of the EU. Secondly, what should be the response of the EU to this kind of deficiencies, considering that the  weakness of a Member might create externalities to the Union as a whole, as the economic and asylum crises indicate. A closer look to the conditionality attached to the financial assistance offered to Greece indicates that the EU recognizes the problem and approaches Greece also as a state-building challenge. This dimension needs, however, to be strengthened and be explicitly treated as a rule-of-law problem.

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Michael Ioannidis is a senior research fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. He graduated with distinction from the University of Athens in 2005 and continued his studies, first in Heidelberg (LL.M., 2007), and then in Cambridge (LL.M., 2008). Ioannidis earned his PhD, summa cum laude, from the University of Frankfurt in 2012 with a thesis on participation rights in WTO law under the supervision of  Professor Armin von Bogdandy. After the completion of his doctoral studies, he has continued working and publishing on international economic law and EU law. Ioannidis is currently working on two major projects. The first is connected with the Eurozone crisis, the role of the IMF and the emergence of the new European economic governance, looking especially at how financial assistance conditionality is used at the international and the European level. The second project entails applying a public law approach to the law of international treaties.

Video:

 Audio:

Bildergalerie:

Goethe-Universität Frankfurt am Main, Campus Westend
Max-Horkheimer-Str. 2
Gebäude "Normative Ordnungen", EG 01 und EG 02

Veranstalter:
Exzellenzcluster "Die Herausbildung normativer Ordnungen"