This conference seeks to enquire into the relation between law and policy in the process of European integration from the 1960s-1990s. Talks analyse the role of law in policy-making and implementation, the definition and justification of policies, and the role of lawyers in policy making
From its beginnings, European integration required legal solutions to very concrete policy issues. This led to the creation of a large body of policy-relevant law – ranging from agriculture and competition to the environment and social policy. The conference thus focuses on the relationship between law and policy in the process of European integration from the 1960s to the 1990s.
The relationship between law and policy goes both ways. On the one hand, we will explore how European law shaped European policy-making. To what extent did legal actors – lawyers within the institutions and courts – enable or obstruct the development of various policies and the legal instruments chosen? What legal norms, ideas and doctrines did they employ in doing so? On the other hand, we will investigate how European policy shaped European law. How is this influence reflected in legislation and judicial decisions?
The objective of the conference is to enhance our understanding of what ‘integration through law’ means with a view to European policies. By bringing together case studies from a range of policy areas, we will be able to (1) flag up the varying roles of different actors involved, (2) compare the relations between policy and law across policy areas old and new, and (3) assess change over time, including potential path dependencies. We will thus acquire a better understanding of why and how European policy, which increasingly influences citizens’ lives, has come to address problems the way it does.
The conference will be held at the Max Planck Institute for Legal History and Legal Theory, Frankfurt am Main, Germany. Due to the SARS-CoV-2 pandemic, the conference will take place as a video conference. Participation will be free of charge and those interested should please send an informal message to jmeyer@lhlt.mpg.de. Further information as to the platform will follow in due course.
Programm (Draft Programme (5 May 2021))
Tuesday, 1 June 2021
09:30 – 10:00 Welcome by STEFAN VOGENAUER and JAN-HENRIK MEYER (mpilhlt)
Panel I: European Consumer Policy and European Law
Chair: ALEXANDRE BERNIER (University of Copenhagen)
10:00 – 10:30 LAURE HATCHER-SEGUY (Université Strasbourg)
Protecting European Consumer’s Health: Food Quality and Food Safety Policies in the 1980s and 1990s
10:30 – 11:00 BRIGITTE LEUCHT (University of Portsmouth)
Resonances of Cassis de Dijon? The Impact of a Landmark Decision on Consumer Policy
11:00 – 11:30 Joint discussion
11:30 – 12:30 Lunch Break
Panel II: European Law and the Economy: Competition, Transport and Tourism
Chair: KARIN VAN LEEUWEN (University of Maastricht)
12:30 – 13:00 CHRISTIAN HENRICH-FRANKE (University of Siegen)
Competition Law and Infrastructure (1960s-1980s)
13:00 – 13:30 LAURA PANADÈS-ESTRUCH (Cayman Islands / University of Cambridge)
EU Policy before Law? A Critical Assessment of Early Public-Private Interactions in Transport (1960s-1990s)
13:30 – 14:00 ELISA TIZZONI (University of Pisa)
Tourism and European Integration: Opportunities and Legal Constraints
14:00 – 14:30 Joint discussion
14:30 – 15:00 Virtual Coffee Break in the WonderMe Room
Panel III: European Health and Environmental Policy and European Law
Chair: LISE RYE (NTNU Trondheim)
15:00 – 15:30 KOEN VAN ZON (University of Utrecht)
Health Scares and Animal Welfare:
Regulating the Europea Cosmetics Market, 1970s-1990s
15:30 – 16:00 ANDREW JACKSON (University College Dublin)
Did EU Nature Policy ever really “escape the Clutches” of the Member States?
16:00 – 16:30 Joint discussion
Wednesday, 2 June 2021
Panel IV: European Citizenship, Free Movement and European Law
Chair: KATJA SEIDEL (University of Westminster)
09:00 – 09:30 VICTORIA HOOTON (University of Portsmouth)
Reading between the Lines: Free Movement Objectives as a Tool for Interpretation in the ECJ
09:30 – 10:00 EMILIJA LEINARTE (University of Cambridge)
The Creation of European Citizenship: Constitutional Myopia?
(joint paper with C. Barnard)
10:00 – 10:30 Joint discussion
10:30 – 11:00 Virtual Coffee Break in the WonderMe Room
Panel V: European Social Policy and European Law
Chair: CHRISTIAN SALM (EP Research Service Brussels)
11:00 – 11:30 KONSTANTINOS ALEXANDRIS POLOMARKAKIS (University of Exeter, UK)
Driving European Integration through Doctrines, not Laws: the Tales of EU Social Policy
11:30 – 12:00 ROSLYN ELIZABETH DUBLER (Columbia University, New York)
From Standards to Structures: Equal Pay and the European Commission, 1958-1976
12:00 – 12:30 Joint discussion
12:30 – 13:30 Lunch Break
Panel VI: European Law and Issues of Principle
Chair: CARINE GERMOND (NTNU Trondheim)
13:30 – 14:00 CHIEN-HUE WU (Academia Sinica, Taipei)
Principle or Policy: A Historical Trace of EU’s One China Problem
14:00 – 14:30 DMITRI ZDOBNÕH (TalTech, Tallinn)
How Integration through Law works and Integration through Policy doesn’t
14:30 – 15:00 Joint discussion
15:00 – 15:30 Conclusion by STEFAN VOGENAUER and JAN-HENRIK MEYER (mpilhlt)