The Economic and Monetary Union: Constitutional and Institutional Aspects of the Economic Governance within the EU: The XXVI FIDE Congress in Copenhagen, 2014

665 Pages·2014·2.413 MB·English

by  Ulla Neergaard, Catherine Jacqueson, Jens Hartig Danielsen

The Economic and Monetary Union:
Constitutional and Institutional Aspects of
the Economic Governance within the EU
The XXVI FIDE Congress in Copenhagen, 2014
Congress Publications Vol. 1
Editors: Ulla Neergaard,
Catherine Jacqueson & Jens Hartig Danielsen
www.en.kammeradvokaten.dk/eu
The Economic and Monetary Union:
Constitutional and Institutional Aspects
of the Economic Governance within the EU

The Economic and Monetary Union:
Constitutional and Institutional Aspects of the
Economic Governance within the EU
Die Wirtschafts- und Währungsunion:
Konstitutionelle und institutionelle Aspekte der
wirtschaftspolitischen Steuerung innerhalb der EU
L'Union économique et monétaire :
Les aspects constitutionnels et institutionnels
de la gouvernance économique dans l'UE
The XXVI FIDE Congress in Copenhagen 2014
Congress Publications Vol. 1
Editors: Ulla Neergaard, Catherine Jacqueson,
Jens Hartig Danielsen
General Rapporteur: Fabian Amtenbrink

DJØF Publishing
Copenhagen 2014
Editors: Ulla Neergaard, Catherine Jacqueson, Jens Hartig Danielsen
The Economic and Monetary Union:
Constitutional and Institutional Aspects of the Economic Governance within the EU
1. edition
© 2014 by DJØF Publishing
Jurist- og Økonomforbundets Forlag

All rights reserved.
No part of this publication may be reproduced,
stored in a retrieval system, or transmitted in any
form or by any means – electronic, mechanical,
photocopying, recording or otherwise – without
the prior written permission of the Publisher.

Cover: Thea Nisted Svendsen
Print: Toptryk Grafisk, Gråsten

Jacket illustration: The main building of the University of Copenhagen;
gouache from about 1860 by Peder Christian Rosengreen.
Owner and photo: University of Copenhagen. The XXVI FIDE Congress
Copenhagen 2014 was hosted by the Danish Association for European Law,
in cooperation with the Faculty of Law, University of Copenhagen.
One of the social events took place in the main building pictured on the cover.

Printed in Denmark 2014
ISBN 978-87-574-2922-0

Published with the support of
Table of Contents
Table of Contents

Table of Contents
Introduction ................................................................................................ 7
Introduction ................................................................................................ 17
Vorwort ...................................................................................................... 27
Questionnaire in English ........................................................................... 37
Questionnaire in French ............................................................................. 49
Questionnaire in German ........................................................................... 61
General report ............................................................................................ 73
Institutional report ...................................................................................... 179
National reports
Austria ................................................................................................... 261
Croatia ................................................................................................... 283
Denmark ................................................................................................ 295
Estonia ................................................................................................... 307
Finland .................................................................................................. 321
Germany ................................................................................................ 341
Greece ................................................................................................... 375
Hungary ................................................................................................. 419
Italy ....................................................................................................... 437
Netherlands ........................................................................................... 465
Poland .................................................................................................... 487
Portugal ................................................................................................. 501
Slovenia ................................................................................................. 515
Spain ...................................................................................................... 547
Sweden .................................................................................................. 575
Switzerland ........................................................................................... 599
United Kingdom ................................................................................... 619
List of editors and authors ......................................................................... 655
Annex: Abbreviated version of the questionnaire in English ................... 659
5

Introduction
Ulla Neergaard & Catherine Jacqueson
Ulla Neergaard and Catherine Jacqueson

Nina Holst-Christensen,
Jens Hartig Danielsen and Grith Skovgaard Ølykke1

Introduction
From 1978 to 2014
From 28-31 May 2014 the XXVIth FIDE Congress will take place in Copen-
hagen. Thus, it will be the second time that Copenhagen has the pleasure to
host a FIDE Congress. 36 years earlier, in 1978, one took place for the first
time in Copenhagen.2 The president of FIDE at that time, Professor Ole Lan-
do, said the following in his opening speech:
‘When you get gr[e]y hairs you tend to look back to your childhood and early youth more
often than you did earlier. You often remind yourself of how you looked upon the world
then. You also remember how the grown-ups of that time looked upon it. Forty years ago
those who had grey hairs and compared Europe with the Europe of their youth were gener-
ally very gloomy in their outlook. Whereas in 1898 Europe had seemed set on a course of
peaceful progress, in 1938 many people prophesied war, tyranny and poverty, and they
were right. In 1939 we had war. During the war most of us experienced tyranny, and when
the war ended in 1945 we lived in misery and poverty. Yet, only ten years after the war six
European countries, two of which had been at war with the other four, created an Econom-
ic Community. Their aim was to establish a closer union among the European people, to
further economic and social progress, to improve living conditions, and to maintain and
strengthen freedom and peace. When in 1955 it was thus proposed to establish a Common
Market, the people of Europe still remembered the war, and were willing to accept

1. Professor, Dr. Ulla Neergaard, University of Copenhagen, President of the Danish
Association for European Law, President for FIDE 2013-14; Associate Professor, Dr.
Catherine Jacqueson, University of Copenhagen, Secretary General for FIDE 2013-
14; Commissioner in EU Law and Human Rights, Nina Holst-Christensen, Ministry
of Justice; Professor, Dr.jur., Dr. Jens Hartig Danielsen, University of Aarhus; and
Associate Professor, Dr. Grith Skovgaard Ølykke, Copenhagen Business School. Ulla
Neergaard and Catherine Jacqueson have had the overall responsibility for all three
volumes, whereas Jens Hartig Danielsen has been primarily involved in Volume 1;
Nina Holst-Christensen in Volume 2; and Grith Skovgaard Ølykke in Volume 3.
2. The topics then dealt with were: 1. ‘Equal Treatment of Public and Private Enter-
prise’; and 2. ‘Due Process in the Administrative Procedure’.
7
ULLA NEERGAARD & CATHERINE JACQUESON
measures which could guarantee peace and freedom. Peace and freedom were in the minds
both of those who had visions of a brotherhood of European nations and of those who
wanted to secure prosperity by creating a wider market for trade and industry. During the
years which have passed since then, the fears of tyranny and war have faded. The organiza-
tion known as the European Communities is no longer seen as a preserver of peace and
liberty. The prosperity which so many had hoped for has come and has gone away again.
Today the former enthusiasm for a united Europe has evaporated.’3
Again, almost four decades have passed by, and one can again look back
anew in the same manner as Professor Ole Lando did. As we all know, so
much has happened. The European Union of today has experienced many
successes such as the profound enlargement; the enactment of the Charter of
Fundamental Rights; the broadening of democracy and important values; the
strengthening of free trade; the relative prosperity; the establishment of Union
citizenship; and the improved degree of security and peace. However, one
could still say that the enthusiasm for a united Europe has to some extent
evaporated, and that crisis and challenges at several different levels are deep-
ly felt. The FIDE Congress of 2014 will explore many layers thereof with
outset taken in the selection of significant and important themes, which to
some degree become clear from reading the present volume and its ‘sisters’.
FIDE – an Unusual European Organisation
FIDE (i.e. Fédération Internationale pour le Droit Européen/International
Federation of European Law) focuses on research and analysis of European
Union law and EU institutions, as well as their interaction with the legal sys-
tems for the Member States. It unites the national associations for European
law of most of the EU Member States and candidate countries, as well as
Norway and Switzerland. At present, there are 29 member associations –
each situated in different countries – who all work voluntarily for the spread-
ing of knowledge of the EU.
FIDE was established already in 1961, and is by many seen as having
been a very important actor in the original establishment of EU law as a legal
discipline.4 Even today, despite the establishment of many other channels for

3. See Ole Lando: ‘Europe: From quantity to quality. Speech delivered on the occasion
of the opening of the Congress on June 22 1978’, in ‘FIDE. Eighth Congress 22-24
June 1978. Adresses Summing up of discussions. Volume 1. Copenhagen 1979’, p. 6.
4. See for discussions Morten Rasmussen e.g.: ‘Establishing a Constitutional Practice:
The Role of the European Law Associations’, in Wolfram Kaiser and Jan-Henrik
Meyer (Eds): ‘Societal Actors in European Integration. Polity-Building and Policy-

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