Saturday 5 December 2009

Lagarde seems more enlightened...

The FT has a nice little report on David Cameron and the EU, here. Moreover, here's what Damian Chalmers has to say about selective EU law. How would he deal with the incentive for time inconsistent promises from the national council and the resulting conflict of interests. The problem is the same as the one face in the implementation of the SGP in the Eurozone: The people who are expected to carry the burden of rules (ie to be punished by them) should not, alone, be the ones expected to ensure that they are well implemented. If everybody can chose what they want, than everybody will be selective. If Damian Chalmers logic applied, the Single market agenda would have never gone forward. Trade-offs are the costs of functional coordination. Without the CAP and regional policy, there would not have been enough support for the single market. I believe however that Damian Chalmers does actually have a point, although the 15 meter rule about the fireworks is not a bad idea and would do a good job at protecting people, if people are stupid enough to want to violate it, then for god's sake, do it. There's just too much human stupidity for governments to contain. However if anyone is to decide which EU laws are constitutional or not, it should be the ECJ. My EU law is a bit rusty, to say the least, but doesn't the ECJ already do this, deriving its power from article 230 TEC? If so would it not be more appropriate to just add a provision in one of these treaties, stating that EU law is supreme over national law, except on those matters whereupon it affects aspects of national culture which do not disrupt higher goals of EU law, or something like this (what I mean is to make a law which would ensure that competition in the single market is not disrupted and that EU integration is not disrupted, but that if a silly amendment is included which disrupts national cultures, if these are harmless, where these national, cultural practices are harmless there is no reason to create conflict, and impose rule from above). Thus I propose that instead of Chalmers proposal for national EU law review councils (which FYI is what parliaments already are...) the ECJ ought to fulfil its role of judicial review, possibly aided by a treaty provision which ensures that harmless national cultural practices should not be disrupted. Then again blowing up in a fire work accident does seem harmful enough. Then again, what do I know... He's a EU law specialist! Finally, Christine Lagarde, French foreign minister has very interesting insights on the financial crisis, discretionary fiscal policy, automatic stabilizers, and on the effects of competition between China and the EU (although I assume competition of an economic nature, one is left to wonder whether her comments may also apply for foreign and military affairs) and how it may stimulate stronger cooperation between EU member states.