GuestLecture by E. Hirsch Ballin, Fudan Univeristy, 17-04-2012

Professor of European Constitutional Law at the Tilburg University, The Netherlands

On the 17th of April Professor Ernst Hirsch Ballin held a lecture at the Fudan University. Heexplained how European Political Institutions changed with culture and economyand he reflects on how EU Law developed in Economy. Atlast he gave insights about international migration based from workingexperience, personal research and interest.  

Introduction of the professor

Political Institutions change with the culture andeconomy

In the following centuries, European states used theirmilitary-technological power against each other, in order to enlarge theirshare of Europe’s natural and human resources, their Arab and Turkishneighbours and peoples on other continents (colonialism warfare in the serviceof trade). But in the 20^th century, European countries saw theculmination and the end of warfare as continuation of politics.

After the Second World War, European states weredisgusted of human suffering in warfare, because of recognition of the humanbeing’s value. Equal constitutional rights between man and woman were given andpeople discovered the value of peace. These remarkable changes in culture andeconomy reflect themselves heavily in EU political institutions today.  

The Development of EU Law reflects changes in economy

Instead of using warfare for solving disputes,countries from the EU try to settle disputes in peaceful manners. As a fact,the current European trade embargo on Iranian oil is a very good example. Buteven trade embargo’s can have a big negative effect on both counties thatnormally prosper from international trade, so this is more or less a worst casescenario measurement.

In the current European integration process andhumanitarian law, there are 3 essential related trends that explain theimportant values of being part of the European Union. Shared guarantees forhuman rights, democracy and rule of law, the free market / free movement ofgoods, persons, services and capital within Schengenzone and the establishmentof a common legal order. 

In some parts of Europe, political parties that do notfavour the political European Union are gathering more and more support, thisis very negative development. Especially, because of the rising budget deficitsin Southern European countries, people feel that they have to pay for othercountry’s governmental mismanagement. Southern European countries borrowed toomuch money to finance governmental investments.

In the first semester of this year two treaties weresigned in order to lower future budget deficits to a maximum of 3% of GDP andseveral other mechanisms were created to regain economical stability within theEuro zone. The European Stability Mechanism Treaty (February 2, 2012) and Treatyon Stability, Coordination and Governance in the Economic and Monetary Union(March 2, 2012).

Even though, not all countries that are part of theEuropean Union signed the new treaty. There are different reasons for notsigning the treaty. Especially the European countries with their own currency,such as England and Switzerland didn’t sign the treaty, because they think thattrying to reach the 3% deficit rule will harm their economic growth andfinancial systems.

International migration has no on/off-switch

Europe is a free market where the free movement ofgoods, persons, services and capital is possible. As a negative side-effect forexample, people can move to other countries for work or try to migrate tocountries where governmental support and the social security is better thantheir home country. But there are rules to regulate these trends of migrations.But some political freedom parties want the borders closed for migrates, theythink it can harm the inland economy and the wealth of the local people. Scapegoatingof migrates is getting common and is a very big topic at the moment in the EUcountries politics.

A complete shut-off for migration in the EU is simplynot possible, in Europe migrations policies consist of Fundamental Rights forEU Citizens (transnational citizenship), Rights of Third Country Nationals and Guaranteesfor asylum seekers and persons receiving international protection. Riverscannot be forbidden to flow, but river canalisation is possible. As migrationand urbanisation is a worldwide phenomenon they don’t have an on/off-switch.

Personalconcluding remarks

At last theprofessor wanted to emphasize that globally oriented lawyers are very much indemand, especially because of the effects of globalization. If a Dutchmangraduated in Law, it doesn’t mean that he also is capable of being a lawyer inChina. Of course it is the same way around with people from othernationalities. Law is different everywhere, globally but even regionally. Thatis why governmental agencies and businesses operating worldwide are in need ofglobally oriented lawyers.

About the Author: