Plural Contitutionalism as Theory and Method : A Defense of

Lecture Series The European Union as a Global International Actor
Plural Contitutionalism as Theory and Method : A Defense of
Opinion 2/13 on EU Accession to the European Convention of
Human Rights
Pr Daniel Halberstam ¦ Eric Stein Collegiate Professor of Law, University of Michigan Law School
Discussants :
Pr Hélène Ruiz Fabri ¦ Director, Max Planck Institute, Luxembourg
Pr Herwig Hofmann ¦ Jean Monnet Chair, University of Luxembourg
Abstract
Opinion 2/13 of the Court of Justice of the
European Union (striking down the Draft
Agreement on accession to the European
Convention on Human Rights) has evoked
widespread “outrage.” Scholars have derided the
opinion as “unsubstantiated,” purely “selfinterested,” and “playground politics.” This paper
disagrees with that assessment. Taking the
author’s perspective of “plural constitutionalism”
(developed previously elsewhere), the paper
reconstructs the Opinion’s many objections to show
why the Court’s concerns are mostly warranted.
That same perspective, however, also allows us to
see why accession to the ECHR is not only
important for human rights, but also vital to save
the European Union. Based on these insights, the
paper points the way forward by identifying the
changes that must be, and can be, made to allow
accession to proceed. The paper concludes by
observing that Opinion 2/13 is only the latest
decision in a line of cases confirming plural
constitutionalism as a viable theory and method of
European Union law.
Monday 27 April 2015
5.00 pm – 7.00 pm
Location
University of Luxembourg
Weicker Building
Conference room B 001 (Ground floor)
4, rue Alphonse Weicker
L-2721 Luxembourg
Language
English
Registration
- Free lecture
- Maximum number of attendants: 80
- Please register via Eventbrite :
https://www.eventbrite.fr/e/plural-contitutionalismas-theory-and-method-a-defense-of-opinion-213on-eu-accession-to-the-registration16478458513?ref=ebtn
- The conference will be followed by a cocktail.
Contact
Nadja Risch
Tel: +352 46 66 44 6619
Lecture Series supported by the Fonds National de la Recherche,
Luxembourg (8819182) and the Jean Monnet Chair
.
Speaker
Daniel Halberstam is Eric Stein Collegiate Professor
of Law and Director of the European Legal Studies
program, at the University of Michigan. A graduate of
Columbia and Yale, he worked in the U.S. Dept. of
Justice, at the U.S. Supreme Court, and at the
European Court of Justice before joining the law
faculty in 1999. He is a principal architect of the
theory of constitutional pluralism (which he terms
“plural constitutionalism”).
Lecture Series “The European Union as a Global International Actor”
Organised by Prof. Eleftheria Neframi, University of Luxembourg, Jean Monnet Chair
The conference of Pr Daniel Halberstam is part of the
Lecture Series on the theme The European Union as
a Global International Actor, supported by the FNR
(RESCOM Scientific Events).
The objective of the Lecture Series is to involve a
wide-ranging audience in interactive lectures
delivered by renowned scholars in legal or political
economy disciplines. The lectures, which could be
preceded by preparatory workshops, cover various
aspects of the external action of the European Union
and aim at critically assessing its role in tackling
challenges in a context of global governance.
6 conferences are to be held from March to July 2015
covering highly topical subjects and liable to offer an
expert account of the theoretical and practical issues
of the study of the European Union as an
international actor.
Conference programme
Forthcoming Events
Monday 8 June 2015, 5 pm - 7 pm
Monday 29 June 2015, 5 pm - 7 pm
European Union-Turkey relations: past and
present
The European Union as a Global Human Rights
Actor
Pr Jan Wouters, University of Leuven
Pr Marc Maresceau, University of Ghent
Monday 15 June 2015, 5 pm - 7 pm
Energy security issues in the external action of the
European Union
Pr Anatole Boute, University of Aberdeen
Monday 6 July 2015, 5 pm - 7 pm
Worldly ambitions: On the constitutional
mandate for EU external action
Dr Joris Larik, Senior Researcher, The Hague
Institute for Global Justice
Past Events (http://wwwfr.uni.lu/recherche/fdef/lecture_series/programme)
Monday 23 March 2015, 5 pm - 7 pm
The European Union and Global Financial Regulation
Pr Lucia Quaglia, University of York