L’Europa sociale e il diritto: il contributo del metodo comparato [Social Europe and the law: the contribution of the comparative method]. WP C.S.D.L.E. "Massimo D'Antona" .INT - 94/2012

The essay explores the evolution of comparative law and the contribution of its more recent methodological results on the process of European social integration through law. The analysis of the comparative method in general glides on a discipline, such a as labour law, traditionally linked to the "nomos" of the nation state and looks at the process of its own supranationalization through the lens which is the comparative method; a method used mainly by the juridical format (national and supranational courts). The analysis focuses on the fixed term contract and on the vexing question of collective social fundamental rights vis a vis fundamental economic freedoms in the EU where national constitutional traditions and supranational principals risk collision due also to the comparative method.

Why the Open Method of Coordination (OMC) is bad for you: a letter to the EU. Research Papers in Law, 5/2006

From the Introduction. The aim of the present “letter” is to provoke, rather than to prove. It is intended to further stimulate the – already well engaged – scientific dialogue on the open method of coordination (OMC).1 This explains why some of the arguments put forward are not entirely new, while others are overstretched. This contribution, belated as it is entering into the debate, has the benefit of some hindsight. This hindsight is based on three factors (in chronological order): a) the fact that the author has participated himself as a member of a national delegation in one of the OMC-induced benchmarking exercises (only to see the final evaluation report getting lost in the Labyrinth of the national bureaucracy, despite the fact that it contained an overall favorable assessment), as well as in a OECD led exercise of coordination, concerning regulatory reform; b) the extremely rich and knowledgeable academic input, offering a very promising theoretical background for the OMC; and c) some recent empirical research as to the efficiency of the OMC, the accounts of which are, to say the least, ambiguous. This recent empirical research grounds the basic assumption of the present paper: that the OMC has only restricted, if not negligible, direct effects in the short term, while it may have some indirect effects in the medium-long term (2). On the basis of this assumption a series of arguments against the current “spread” of the OMC will be put forward (3). Some proposals on how to neutralize some of the shortfalls of the OMC will follow (4).

EU climate and energy policy: hope for more and better climate policy integration? IES Policy Brief Issue 2014/02/January 2014

Summary. With discussions on-going in the EU on the climate and energy policy framework to 2030, it is timely to assess the reality of climate policy integration into EU energy policy. Such an analysis can lead to lessons for the legislative process for the 2030 package, and even for policies in other sectors and beyond 2030. Climate change is a complex, crosscutting, long-term and global problem. Policymakers acknowledge that integrating climate policy objectives into the elaboration and agreement of measures in other sectors represents one method for striving towards coherent policies that respond adequately to the climate change problem. This policy brief presents the results and policy recommendations from the project “climate policy integration into EU energy policy”.

Europäische Integration aus historischer Erfahrung, Ein Zeitzeugengespräch mit Michael Gehler = European integration from a historical experience, A Discussion with Michael Gehler. ZEI Discussion Paper C227, 2015

From 1995 to 1999 Monika Wulf-Mathies served as EU commissioner responsible for regional and cohesion policy. She tells us the story of the EU Commission under President Jacques Santer with regard to the historical development of the preparation of the Economic and Monetary Union (EMU), the Union Treaty of Amsterdam (1999) and the EU-Eastern Enlargement. She touches also controversial aspects of the Santer Commission, which led to her collective demission in 1999. According to Wulf-Mathies the increase of EU's democracy deficit is result of an erosion process of the common institutions caused by the nation states which contributed to their weakness. The democratic substance of the union suffers because of the 'summarization' of the EU decision making processes. Monika Wulf-Mathies argues in favor of the community method, which needs revitalization. She proposes European democracy enforcement and transfers of the national budget und economy policies to EU bodies. This eyewitness talk offers an actual EU analysis as well as an assessment of the Santer Commission.