When I express the rather provocative opinion that European construction is currently undergoing a “creative period”, I am not only referring to the gradual implementation (15 years later) of common economic governance or the ongoing transformation of financial management. I am also referring to other innovations resulting from the Lisbon Treaty. I would suggest to all our eager readers that, in this regard, they peruse the edition of EUROPE (10183) published at the very end of last week. Four news items warrant a mention from the point of view of creativity.
1. Representation at UN. The first article involves the EU's profile in the world. Member states have decided to develop a number of appropriate approaches to be represented at the UN as a whole, by putting into practice the provision in the Lisbon Treaty that confers a legal personality on the EU. The permanent president of the European Council and the high representative will speak on behalf of the EU at the UN Assembly. Herman van Rompuy and Catherine Ashton will present and distribute European proposals and amendments to the texts. The role of the EU will certainly, for the time being, remain one of observer because the right to vote, with a seat on the Security Council, are still national prerogatives. Nonetheless, a first, visible and almost spectacular step will have been accomplished.
2. Internal security will become European. The second initiative: home affairs ministers from member states have agreed to implement an operational plan for internal security in the Community area. Criminals are increasingly taking advantage of this area. There are a number of reports about itinerant gangs who return to their countries of origin after committing their crimes, and who steal children but manage to evade arrest by the national authorities, and so on and so forth. Organised criminal gangs and networks that benefit from the free movement of people and goods must be prevented. It will take time to organise the European response, which will, naturally, only be gradually achieved but the decision of principle has been taken and a strategy covering prevention, pursuit and enforcement, in common, has now begun.
On the other hand, the creation of a European Prosecutor's Office is still encountering obstacles and misgivings. Ms Reding is not giving up on the idea but considers that it will be achieved in stages and begin with the strengthening of Eurojust and by gradually convincing member states that it is indispensable.
3 and 4. Orientation of the European Court of Justice. The two other news articles from the same edition involve the European Court of Justice. They do not yet involve rulings but positions by the advocate general, who, in practice, recognises the primacy of certain fundamental objectives of European construction for a strictly legal interpretation of the texts. In practice, apparent barriers involving the free movement of persons and the unhindered provision of services can be justified in certain cases.
The mayor of Maastricht (Netherlands) has the right to limit the extent of foreign narco-tourists who stock up in his town's coffee shops, because this restriction is a public order issue and not one pertaining to the free provision of services. The second case: France has the right to submit the right of its citizens to prior authorisation when going abroad for certain categories of expensive healthcare and then receiving reimbursement from the French social security system. The advocate general considers that this system is necessary to prevent the financial balance and social security system being upset, but the general interest prevails over the authorisation procedure required. In the second case, an appeal had been lodged by the European Commission. We will have to wait and see what the European Court of Justice's rulings will be.
I believe that taking into account, not just the letter of the texts but also their impact and objectives, is justifiable. The viability of the social security systems (the most advanced in the world) justify a number of precautionary measures for spending. I have never forgotten the famous warning by Cicero: Summus jus, summa iniuria (a maximum of justice can lead to a maximum of injustice). Cicero was referring to the behaviour of a king of Sparta, who had agreed to suspend a war for a few days but when night fell, attacked and destroyed the city of his enemy by claiming that the truce only covered the day and not the night. Certain recent decisions by the European Court of Justice have raised a few eyebrows, particularly at the European Parliament, which will be speaking on the matter in September. Similar debates took place in the past and the Court, in my opinion, has helped towards the development of European objectives, particularly with regard to the free movement of goods and its rejection of overly specious arguments. This column will return to this subject tomorrow. (F.R./transl.fl)