Plaidoyer for a Social Europe

‘It is with great sadness that his many friends learned of the passing of Fernando Vasquez, on 16 July 2020, in Porto. I met Fernando Vasquez some thirty years ago, at a time when, together with Jean‐Jacques Paris, another friend who recently passed away, and under the direction of Odile Quintin in DG V of the European Commission, he was working on building a Social Europe. That was before the European Union failed as a post‐liberal orthodoxy, driving along all Member States, in a race to the lowest social and fiscal bidder. As Frédéric Turlan reminds us, in a tribute published in the recent issue of Liaisons sociales Europe, n. 502, 23 July‐2 September 2020, Fernando Vasquez witnessed with lucidity this backsliding which has heavily contributed to the current disconnection between citizens and the European project, but it did not prevent him from relentlessly striving for more justice in the European Union. These efforts, his diagnosis, without complacency, of the current state of the Union and his most recent suggestions for ensuring both social and economic convergence under the aegis of solidarity, are retraced in his contribution to the Conference ‘Revisiting solidarity in Europe’, which was held on 18 and 19 June 2018 at the Collège de France in Paris. To honour his memory and as a testament to his commitment to a certain idea(l) of Europe, one which is true to its principles of democracy and social justice, here is the text of his contribution, a call, and his last plaidoyer, for a social Europe.’ Alain Supiot, Emeritus Professor at the Collège de France in Paris.     

Social Justice in European Contract Law: a Manifesto

The Study Group on Social Justice in European Private Law are: Gert Brüggemeier (Bremen), Mauro Bussani (Trieste), Hugh Collins (London), Aurelia Colombi Ciacchi (Bremen), Giovanni Comandé (Pisa), Muriel Fabre-Magnan (Nantes), Stefan Grundmann (Berlin), Martijn Hesselink (Amsterdam) (Chairman), Christian Joerges (Florence), Brigitta Lurger (Graz), Ugo Mattei (Torino), Marisa Meli (Catania), Jacobien Rutgers (Amsterdam), Christoph Schmidt (Florence), Jane Smith (Bremen), Ruth Sefton-Green (Paris), Horatia Muir Watt (Paris), Thomas Wilhelmsson (Helsinki).     

A European Constitution in a Multinational Europe or a Multinational Constitution for Europe?

Abstract: What is the role of the nation‐state in the process of European constitutional integration? How can we transcend our divisions without marginalising those who believe in them? This article critically analyses the theoretical bases of the Treaty Establishing a Constitution for Europe and tries to explain why its ratification is so problematic. Authors such as Habermas have argued that a new European model of social cohesion is needed, and Habermas suggests that the sense of ‘community’ in a democratic Europe should be founded exclusively on the acceptance of a patriotic constitution. However, this view is criticised by authors such as Weiler and MacCormick. In this article, I explain the limits of these theoretical analyses. I will argue that a European constitutional project can be more than formally legal only if two normative conditions are satisfied: it is the result of public debate and the European Constitution includes the procedures for the recognition of European national diversity. I suggest that a theory of constitutional multinationalism, similar to the one proposed by Tully, might provide an attractive model for a European social integration. The article is divided in two parts. In the first, I explain why Habermas’ constitutional patriotism or MacCormick's states based Europe cannot provide a convincing theoretical model for a socially and constitutionally integrated Europe. In the second part, I will give an outline of Tully's idea of multinational democracy as a model for a European constitutional integration.     

《共产党宣言》法理探秘

《共产党宣言》是人类文明史上的法理宝库。马克思恩格斯立足于唯物史观,解开了他们那个时代个人权利、社会体系、法律制度、国家政权、国际关系等人类社会现象深处的法理密码。《宣言》所揭示的运转于资本主义社会的资本逻辑是人的本质的颠倒,只有推翻资本逻辑才能重建人的本质,而这正是共产主义运动和无产阶级革命的法理所在。《宣言》提出的“自由人联合体”命题是重建人的本质的起点,也是重建新时代新世界的法理体系的开端。     

Regulation of Cohabitation, Changing Family Policies and Social Attitudes: A Discussion of Britain Within Europe

This article considers the differing legal and policy responses to the common trends of family restructuring away from marriage within Britain and Europe. Conceding that Europe is in the process of losing heterosexual marriage as a universal epicenter of family law at the very time when legal harmonization within Europe is being promoted, it goes on to explore the best way forward for regulating same- and different-sex cohabiting couples. It concludes that the legal response to these trends should be "de-moralized" but principled. A plurality of legal regulative structures to accommodate the now diverse family forms that are found within our less marriage-centric societies should be put in place providing at least some default protection for all families, yet allowing people to opt out and make their own arrangements.     

A Social Justice Model for a World Criminology

It is contended here that criminologists should be making conscious and more direct efforts to contribute toward solutions to the increasing problems of global disorder. This paper discusses the problem of social injustice in relation to social disorder, outlines the beginnings of a theoretical model for social justice, and suggests empirical studies and needed methodology to further development of the field of world criminology.     

Retirement Age Considerations for Central Europe

The paper analyzes the arguments for and possible consequences of an increase in the statutory retirement age in central Europe, including the Czech Republic, Hungary, Poland and Slovakia. The analysis reflects the current and projected demographic and economic developments, and discerns the long-term trends from the specific aspects of transition. As for the long-term trends, the paper offers a simple framework for calculation of the intergenerational transfers through pensions under different reform scenarios. The calculations confirm that, in the aging central European societies, down-sizing of the existing pay-as-you-go schemes, including an increase in the statutory retirement age, is necessary to sustain solvency and intergenerational fairness in the public provision for retirement. The paper argues, however, that proposals to increase the retirement age in central European countries need to enhance their assessment of the possible counter-productive effects, which may arise due to the low working ability, poor health status and high occupational and environmental risks faced by the population.     

The Law and the Constitution: Manifesto of the Progressive Party

This paper analyses the argument of Jennings' path-breaking work, The Law and the Constitution , and assesses its importance. The argument of the paper is that a basic tension runs through the evolving work: between celebrating the democratic nature of the contemporary constitution whilst expressing certain concerns about democracy's potential implications. This is a tension that Jennings was never able satisfactorily to resolve. The Law and the Constitution nevertheless remains a landmark text, especially in reminding lawyers of the need to look to the social and economic explanations for constitutional change. Although the constitution Jennings was writing about has altered, his public law method of examining the purpose for which public power is acquired before reflecting on desirable constraints remains of value today.