The Constitutional future of Europe: A Transatlantic Dialogue  
 
 


Introduction
Participants
Convention on the Future of Europe
European Charter of Fundamental Rights
Gallery
Activities of the Jean Monnet Center
 
 

A Colloquium held under the auspices of the Hauser Global Law School Program and the Jean Monnet Center for International and Regional Economic Law and Justice, New York University School of Law

 
     
 

PARTICIPANTS

Professor Rachel Barkow
Assistant Professor of Law, New York University School of Law

Research and teaching interests in the fields of administrative law, criminal law, and separation of powers. She recently completed an article on the relationship between mandatory sentencing laws and the constitutional power of the jury that will be published this fall in the University of Pennsylvania Law Review. Her other writings include "More Supreme than Court: The Fall of the Political Question Doctrine and the Rise of Judicial Supremacy," which appeared in the Columbia Law Review (2002) and "A Tale of Two Agencies: A Comparative Analysis of FCC and DOJ Review of Telecommunications Mergers," which she co-authored with Peter Huber and which appeared in the University of Chicago Legal Forum (2000). From 1998-2002, Professor Barkow was an associate at Kellogg, Huber, Hansen, Todd & Evans, a law firm in Washington, D.C. She focused on telecommunications and administrative law issues in proceedings before the Federal Communications Commission, state regulatory agencies, and federal and state courts. She took a leave from the firm during 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center. After graduating from Northwestern University (B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annually to two students with the top overall grade averages in the first-year class. Barkow served as a law clerk to Judge Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin Scalia on the U.S. Supreme Court.

Justice Stephen G. Breyer
Associate Justice, Supreme Court of the United States

A.B. from Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from Harvard Law School. He served as a law clerk to Justice Arthur Goldberg of the Supreme Court of the United States during the 1964 Term; as a Special Assistant to the Assistant U.S. Attorney General for Antitrust, 1965–1967; as an Assistant Special Prosecutor of the Watergate Special Prosecution Force, 1973; as Special Counsel to the U.S. Senate Judiciary Committee, 1974–1975; and as Chief Counsel of the committee, 1979–1980. He was an Assistant Professor, Professor of Law, and Lecturer at Harvard Law School, 1967–1994; a Professor at the Harvard University Kennedy School of Government, 1977–1980; and a Visiting Professor at the College of Law, Sydney, Australia and at the University of Rome. From 1980–1990, he served as a Judge of the United States Court of Appeals for the First Circuit, and as its Chief Judge, 1990–1994. He also served as a member of the Judicial Conference of the United States, 1990–1994, and of the United States Sentencing Commission, 1985–1989. President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994.

Professor Dr. Brun-Otto Bryde
Judge of the Federal Constitutional Court of Germany

Judge of the German Constitutional Court (since 2001) and Professor for Public Law and Political Science, Justus Liebig-Universität Giessen (since 1987); Dr. jur. Hamburg (1971); Habilitation (Hamburg 1980) for Public Law, International Law, Sociology of Law and Comparative Law; 1971 - 1973 Lecturer, Faculty of Law, Addis Abeba, Ethiopia; 1973 - 1974 Law and Modernization Fellow, Yale Law School; 1974-1982 Research Fellow and Lecturer, University of Hamburg; 1982-1987 Professor of Public Law, Universität der Bundeswehr München; 1989 and 1994 Visiting Professor at Wisconsin Law School; 1992-1998 Chair of German Sociology of the Law Association; 2000-2001 member of the Committee on the Elimination of Racial Discrimination; Publications include The Politics and Sociology of African Legal Development, 1976, Verfassungsentwicklung 1982, and many articles in the fields of (comparative) public law and democratic theory, international law and socio-legal studies; co-editor of "Verfassung und Recht in Übersee"

Professor Marta Cartabia
Professor of Public Law and European Union Law, University of Verona and of Constitutional Law, University Milano-Bicocca

Marta Cartabia is professor of Public Law and European Union Law at the University of Verona and also teaches Constitutional Law at the University of Milano-Bicocca. She obtained a PhD in Law at the European University Institute of Florence in 1992. She has been a Research Fellow at the Law School of the University of Michigan in 1991. From 1993 to 1997, she Clerked for the Constitutional Court. Her main fields of research and publication are the constitutional problems of the European system; the relationship between the Italian legal system and the European Union; human rights; and the judicial review of the Italian Constitutional court. Among others her publications include, La tutela dei diritti nel procedimento amministrativo, Milano, 1991 and Principi inviolabili e integrazione europea, Milano, 1995; M. Cartabia – J.H.H. Weiler, L'Italia in Europa, Bologna 2000; R. Bifulco- M. Cartabia- A.Celotto (eds), L’Europa dei diritti, Bologna, Il Mulino, 2001.

Professsor José M. de Areilza
Professor of European Union Law and Associate Dean of Legal Studies at Instituto de Empresa, Madrid

He is a Visiting Professor at the College of Europe, Natolin, Poland. He holds LL.M. and S.J.D. degrees from Harvard Law School, and an M.A. from the Fletcher School of Law and Diplomacy. Between 1996 and 2000 he was Advisor on European and North American Affairs at the Spanish Prime Minister's Office. During 2002 he has worked as an Advisor to Ms. Ana Palacio, Member of the Praesidium of the European Convention. His research focuses on European institutions and governance, models of flexibility and EU-Member States powers.

Olivier Dutheillet de Lamothe
Member of the Constitutional Council of the Republic of France

Member of the French Conseil d'Etat and Justice at the French Constitutional Council. He has shared his career between industrial relations and public law. He was "Commissaire du Gouvernement" (General Advocate ) at the Judicial Section of the Conseil d'Etat (1981-1986). He was Director of industrial relations at the Department of labor from 1987 to 1995. He has been Social Counselor of the President of the Republic (1995-1997) and Deputy General Secretary of the French Presidency(1997-2000). He was appointed Justice at the Constitutional Council in February 2001. He is a Professor at the Institute of Political Studies in Paris.

Professor Rui Manuel Gens de Moura Ramos
Vice-President of the Portuguese Constitutional Court

Professor, Law Faculty, Coimbra, and at the Law Faculty of the Catholic University, Oporto; Jean Monnet Chair; Course Director (French language) at The Hague Academy of International Law (1984) and Visiting Professor in the Faculty of Law, Paris I University (1995); Portuguese Government delegate to the United Nations Commission on International Trade Law (UNCITRAL), The Hague Conference on Private International Law, the Comité international de l'état civil and the Council of Europe Committee on Nationality; member of the Institute of International Law. Former Judge at the Court of First Instance of the European Communities, Luxembourg (from September 18th, 1995, to March 31st, 2003), and, presently, Vice-President of the Portuguese Constitutional Court.

Professor Eleanor M. Fox
Walter J. Derenberg Professor of Trade Regulation, New York University School of Law

Professor Fox teaches antitrust, European Union law and policy, comparative competition policy in global context, torts, and a colloquium on Globalization and its Discontents at NYU School of Law. She served as a member of the International Competition Policy Advisory Committee to the Attorney General and the Assistant Attorney General for Antitrust of the United States (1997-2000). She served as a member of the National Commission for the Review of Antitrust Laws and Procedures under President Carter (1977-1979). She is a member of the Board of Directors and the Executive Committee of the Lawyers’ Committee for Civil Rights Under Law and is a Director of the American Foreign Law Association. She is a frequent visitor and lecturer at the Competition Directorate of the European Commission. She has advised numerous new antitrust jurisdictions, including South Africa, Indonesia, and Central and Eastern European countries. Her books include Cases and Materials on European Union Law (West 2002), co-authored with George Bermann et al., and an analysis of competition policy in the Central European states as they prepare for membership in the European Union, co-authored with John Fingleton et al. Her research focuses on competition policy and its relationship to trade, development, and issues of equity, efficiency, and global governance.

Justice Ruth Bader Ginsburg
Associate Justice, Supreme Court of the United States

B.A. from Cornell University, attended Harvard Law School, and received her LL.B. from Columbia Law School. She served as a law clerk to the Honorable Edmund L. Palmieri, Judge of the United States District Court for the Southern District of New York, from 1959–1961. From 1961–1963, she was a research associate and then associate director of the Columbia Law School Project on International Procedure. She was a Professor of Law at Rutgers University School of Law from 1963–1972, and Columbia Law School from 1972–1980, and a fellow at the Center for Advanced Study in the Behavioral Sciences in Stanford, California from 1977–1978. In 1971, she was instrumental in launching the Women’s Rights Project of the American Civil Liberties Union, and served as the ACLU’s General Counsel from 1973–1980, and on the National Board of Directors from 1974–1980. She was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980. President Clinton nominated her as an Associate Justice of the Supreme Court, and she took her seat August 10, 1993.

Professor David M. Golove
Professor of Law, New York University School of Law

Professor Golove studied law at the University of California at Berkeley and at Yale University. He has taught at the University of Arizona College of Law, Cardozo School of Law, and NYU School of Law. His teaching and research interests are in international and constitutional law. His principal focus is on the constitutional law of foreign affairs. Along with numerous articles, he is co-author (with Bruce Ackerman) of Is Nafta Constitutional? (Harvard University Press 1996).

Professor Dr. Dieter Grimm
Former Judge of the Federal Constitutional Court of Germany, currently Professor of Law, Humboldt University Berlin, NYU School of Law and Yale Law School, NYU Global Law School

Dieter Grimm received his law degree and a doctoral degree from the University of Frankfurt and an LL.M. degree from Harvard Law School. He was a Judge of the Federal Constitutional Court of Germany from 1987 to 1999. He now teaches law at Humboldt University Berlin and is the Director of the “Wissenschaftskolleg zu Berlin”, Institute for Advanced Study. He teaches regularly at NYU Law School as a member of the Global Law Faculty as well as at Yale Law School. He is also a member of the American Academy of Arts and Sciences. Among his publications are: Deutsche Verfassungsgeschichte (German Constitutional History), 3rd ed. 1995; Die Zukunft der Verfassung (The Future of Constitutionalism), 3rd edition 2002; Die Verfassung und die Politik (Constitution and Politics), 2001, and the essay „Braucht Europa eine Verfassung?“ (Does Europe need a Constitution?), which was translated into various languages.

Professor Stephen Holmes
Professor of Law, New York University School of Law

Stephen Holmes is currently Professor of Law at NYU School of Law. From 1979 to 1985 he taught at the Department of Government at Harvard University. From 1985 to 1997, he was Professor of Politics and Law at the Law School and Political Science Department of the University of Chicago. From 1997 to 2000, he was Professor of Politics at Princeton. His fields of specialization include democratic theory, the history of liberalism, the disappointments of democratization after communism, the Russian criminal justice system, and the problem of combating terrorism within the limits of liberal constitutionalism. He is the editor-in-chief of the East European Constitutional Review. He is the author of Benjamin Constant and the Making of Modern Liberalism (Yale University Press, 1984), The Anatomy of Antiliberalism (Harvard University Press, 1993), Passions and Constraint: On the Theory of Liberal Democracy (University of Chicago Press, 1995), and co-author (with Cass Sunstein) of The Cost of Rights: Why Liberty Depends on Taxes (Norton, 1999).

Advocate General Francis Jacobs QC
Advocate General at the Court of Justice of the European Communities

Advocate General at the Court of Justice of the European Communities since 1988. Professor of European Law, University of London from 1974 to 1988. Barrister; Queen's Counsel; Bencher (Middle Temple). Author of several books on European law; Founding editor of the Yearbook of European Law and General editor, Oxford EC Law Library (formerly Oxford Series on European Community Law). A visiting professor, King's College London since 1989, a governor of the British Institute of Human Rights since 1985 and a governor at the Inns of Court School of Law, 1996-2001. His awards include Commandeur de l'Ordre de Mérite, Luxembourg 1983; Fellow, King's College London 1990; Hon. LL.D., University of Birmingham 1996; Hon. DCL, City University 1997; and Hon. Fellow, Society of Advanced Legal Studies 1997.

Justice Anthony M. Kennedy
Associate Justice, Supreme Court of the United States

Justice Kennedy practiced law in San Francisco beginning in 1961 and then returned to Sacramento where he had a solo practice in general litigation and transactions law. He formed a partnership in 1967 and continued to practice until appointed to the Court of Appeals for the Ninth Circuit by President Gerald Ford in 1975. He was then the youngest appellate judge in the United States, and, at that time, was the third youngest in history to be appointed to a federal appellate bench. Justice Kennedy was educated at Stanford, the London School of Economics, and the Harvard Law School. He holds an A.B. with great distinction from Stanford University and an LL.B. with cum laude from the Harvard Law School. In California during his practice and his years on the bench, he taught Constitutional Law at the McGeorge School of Law at the University of the Pacific. He also for many years has taught a course sponsored by the University of the Pacific in conjunction with the University of Salzburg, Austria. He continues to present that course, which is entitled “Fundamental Rights in Europe and the United States.” Justice Kennedy has lectured in law schools and universities throughout the United States and in many other parts of the world. He is a member of the Asia Law Initiative of the American Bar Association and visits and teaches in China. Among the honors and awards he has received are the John Marshall Award from the American Bar Association; the Lewis Powell Award from the American Inns of Court; the Thomas Jefferson Award from the University of Virginia; and the Learned Hand Award from the Bar Association of the City of New York.

Professor Mattias Kumm
Assistant Professor of Law, New York University School of Law

Professor Kumm studied Law, Philosophy and Political Sciences in Kiel, Paris and Cambridge MA before assuming a Professorship at NYU School of Law. His teaching and research interests focus on American, European and Comparative Constitutional Law, International Law and Jurisprudence.

Judge Koenraad Lenaerts
Judge of the Court of First Instance of the European Communities

Lic. iur., PhD in Law (Leuven), LL.M., M.P.A. (Harvard). Professor of European Law, Director of the Institute of European Law at the University of Leuven, and Judge of the Court of First Instance of the European Communities (Luxembourg). He has been Visiting Professor of Law at Harvard Law School, the Université Robert Schuman de Strasbourg and the College of Europe (Bruges). His publications include Le juge et la constitution aux États-Unis d'Amérique et dans l'ordre juridique européen (Brussels, Bruylant, 1988), Constitutional Law of the European Union (with Piet Van Nuffel, London, Sweet & Maxwell, 1999), Procedural Law of the European Union (with Dirk Arts, London, Sweet & Maxwell, 1999) as well as various articles on European Union law and comparative constitutional law in a large number of Belgian and foreign law journals. In addition, he is a Member of the Academia Europaea.

Professor Dr. Gertrude Lübbe-Wolff
Judge of the Federal Constitutional Court of Germany

Law Studies at the Universities of Bielefeld and Freiburg and at Harvard Law School (LL.M); post-graduate practical legal training in Freiburg (1969-1977). Dr. jur. (Freiburg 1980). Senior research assistant/ junior lecturer at the University of Bielefeld (1979-1987). Habilitation at the University of Bielefeld, venia legendi for Public Law, Modern Constitutional History and Philosophy of Law (1987). Director of municipal administration, local government of Bielefeld (1988-1992). Professor of Public Law, Faculty of Laws, University of Bielefeld (since 1992). Deputy Judge at the Constitutional Court (Verfassungsgerichtshof) of North Rhine-Westphalia. (1996-2000). Executive Director for Interdisciplinary Research (Zentrum fur interdisziplinaire Forschung), University of Bielefeld (1996- March 2002). Leibniz Award by the Germany Council of environmental advisors (Rat von Sachverstandigen fur Umweltfragen) (2000-March 2002). Judge of the Federal Constitutional Court (Second Senate).

Professor Dr. Miguel Poiares Maduro
Professor of European and International Law at the Universidade Nova de Lisboa

He is a Doctor of Laws by the European University Institute (Florence) where he was also a research-assistant and Fellow. He is also an external Professor at the College of Europe (Natolin), Instituto Ortega y Gasset (Madrid), and the Institute of European Studies of Macao (China). He has taught at numerous other places including the European Masters on Human Rights and Democratisation and the Dubrovnik Summer Academy on Human Rights. He has been a Fulbright Visiting Research Scholar at Harvard Law School. He is Co-Director of the Academy of International Trade Law (Macao). He co-edited with Joseph Weiler the Special Book Review Issue of the European Law Journal and is currently a member of the editorial board of the same journal. He is co-editor with Francis Snyder of the Hart Publishers Series Studies in European Law and Integration. He was the first winner of the Rowe and Maw Prize and winner of the Prize Obiettivo Europa (for the best PhD thesis at the EUI). He is the author of We the Court - The European Court of Justice and the European Economic Constitution (Oxford, Hart Publishing, 1997) and is currently preparing with Damian Chalmers a textbook on EU Law to be published by Cambridge University Press. He has published in several languages on issues of EU Law European Constitutionalism, International Trade Law, Governance Issues and Human Rights.

Justice Sandra Day O'Connor
Associate Justice, Supreme Court of the United States

B.A. and LL.B. from Stanford University. Deputy County Attorney of San Mateo County, California from 1952-1953 and civilian attorney for Quartermaster Market Center, Frankfurt, Germany from 1954-1957. From 1958-1960, she practiced law in Maryvale, Arizona, and served as Assistant Attorney General of Arizona from 1965-1969. She was appointed to the Arizona State Senate in 1969 and was subsequently reelected to two two-year terms. In 1975 she was elected Judge of the Maricopa County Superior Court and served until 1979, when she was appointed to the Arizona Court of Appeals. President Reagan nominated her as an Associate Justice of the Supreme Court, and she took her seat September 25, 1981.

Judge Valerio Onida
Judge of the Constitutional Court of the Republic of Italy

Judge Onida was born in 1936, lives in Milan and is a lawyer and a Professor of Constitutional, Public and Regional Law as well as Constitutional Adjudication in the Universities of Verona, Sassari, Pavia, Bologna and Milan from 1966 until 1996. He is currently a Justice at the Constitutional Court of Italy and has been since 1996.

Professor Pasquale Pasquino
Directeur de recherche at the CNRS, Paris and Visiting Professor in Politics and Law at NYU, NYU Global Law School

Professor Pasquale Pasquino, Directeur de recherché at the CNRS, Paris and Visiting professor in Politics and Law at NYU. Professor Pasquino has been researching and teaching in the following institutions: Collège de France, Paris; Max-Planck-Institut für Geschichte, Göttingen; King's College, Cambridge; The University of Chicago; Università di Torino; Ecole Normale Supérieure, Paris; Institut d'Etudes Politiques, Paris; Université de Paris I - Sorbonne, Paris. He has published 3 books and 70 articles on the history of political and constitutional theory, and works presently on constitutional adjudication and democracy.

Professor Dr. Francisco Rubio Llorente
Former Judge of the Constitutional Court of Spain

Emeritus Professor of Constitutional Law in the Universidad Complutense de Madrid, at present Jean Monnet Professor of Law, Chair and Director of the European Studies Program, Instituto Universitario Ortega y Gasset. He was for twelve years (1980-1992) a Justice of the Tribunal Constitucional. For three years (1977-1980) he was Secretary General of the Cortes.

Lord Scott of Foscote
Lord of Appeal in Ordinary, United Kingdom House of Lords

Lord Scott was brought up in South Africa, and attended Cape Town University and Trinity College Cambridge. He became a Lord of Appeal in Ordinary in 2000 after eight years as a Chancery Judge, three years in the Court of Appeal and six years as Vice-Chancellor. He was Head of Civil Justice from 1995 to 2000. From 1992 to 1996 he conducted the "Arms to Iraq" inquiry. His Report was published in February 1996. As well as sitting in the House of Lords on appeals, he chairs the House sub-committee scrutinizing EU draft legislation.

Lord Justice Stephen Sedley
Lord Justice of Appeal, Court of Appeal of England and Wales

Graduated in 1961 from Cambridge University where he was an entrance scholar, and practiced at the Bar for 28 years, principally in the fields of civil liberties and discrimination law, until 1992 when he was appointed a judge of the Queen's Bench Division of the High Court. He became a Lord Justice of Appeal in January 1999. He has written and lectured on legal topics and has edited the writings of the 17th century constitutional writer John Warr. He was a visiting professorial fellow at Warwick University in 1981 and a Distinguished Visitor at Hong Kong University in 1992. He is at present an honorary professor of law at Warwick University and the University of Wales, Cardiff, and Judicial Visitor at University College, London. He holds honorary doctorates of the Universities of North London, Nottingham Trent, Bristol, Warwick, Durham and Hull. In 1997 he was the visiting Laskin Professor at Osgoode Hall Law School, Ontario, and in 1998 was a visiting fellow at Victoria University, Wellington, New Zealand. He has delivered the 1995 Paul Sieghart Memorial Lecture, the 1996 Radcliffe Lectures (with Lord Nolan), the 1998 Hamlyn Lectures and the 2001 MacDermott Lecture and Atkin Lecture. He chaired the Judicial Studies Board's working party on the Human Rights Act 1998, and has since 1999 been President of the British Institute of Human Rights.

Professor Eric Stein
Hessel E. Yntema, Professor Emeritus of Law at the University of Michigan

Received a doctor of law degree from the University of Michigan Law School, and from Charles University, Prague. He also received Honorary Doctor of Law degrees from both Free Universities in Brussels, Belgium and from the West-Bohemian University in the Czech Republic. He served in the United States Department of State and was a member of the U.S. Delegation to the UN General Assembly and the Security Council. Professor Stein introduced the teaching and study of European Community law in the United States and is the author of books and numerous articles on that subject and on issues of international and comparative law and federalism. He taught and lectured widely in the United States, Europe, China and Japan and was a member of an international group which consulted with Czech and Slovak experts on constitutional problems. Professor Stein received a Medal of Merit First Degree for his outstanding scholarly achievements from the former President of the Czech Republic, Vaclav Havel.

Justice Clarence Thomas
Associate Justice, Supreme Court of the United States

Attended Conception Seminary and received an A.B., cum laude, from Holy Cross College, and a J.D. from Yale Law School in 1974. He was admitted to law practice in Missouri in 1974, and served as an Assistant Attorney General of Missouri from 1974-1977, an attorney with the Monsanto Company from 1977-1979, and Legislative Assistant to Senator John Danforth from 1979-1981. From 1981-1982, he served as Assistant Secretary for Civil Rights, U.S. Department of Education, and as Chairman of the U.S. Equal Employment Opportunity Commission from 1982-1990. He became a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1990. President Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat October 23, 1991.

Professor Neil Walker
Professor of European Law at the European University Institute in Florence

Previously held positions in the Universities of Edinburgh and Aberdeen. He has written extensively on questions of the relationship between national constitutional law and the European legal order, on the development of a constitutional philosophy and doctrine for the European Union, and on the dynamics of legal integration in questions of internal security and criminal justice. His most recent book is an edited collection, Sovereignty in Transition (Hart, 2003).

Professor Joseph Weiler
University Professor and European Union Jean Monnet Chair, New York University School of Law

J.H.H. Weiler is University Professor and European Union Jean Monnet Chair at NYU School of Law. He is Director of the Global Law School Program as well as the Jean Monnet Center for International and Regional Economic Law & Justice. He is also Professor at the College of Europe in Bruges, Belgium, and Honorary Professor at University College London and in the Department of Political Science at the University of Copenhagen. He has previously been Professor of Law at the European University in Florence, Italy, at the Michigan Law School and a Chaired Professor at Harvard Law School. He is a Fellow of the American Academy of Arts and Sciences. He received a doctorate Honoris Causa from London University and from the University of Sussex. He served as a member of the Committee of Jurists of the Institutional Affairs Committee of the European Parliament and was a member of the Groupe des Sages advising the Commission of the European Union on the 1996/97 Amsterdam Treaty and the Commission White Paper on Governance. He is a WTO Panel Member. His recent publications include The European Court of Justice (OUP 2001 with G. de Burca), The EU, the WTO and the NAFTA (OUP, 2000), The Constitution of Europe – Do the New Clothes have an Emperor? (CUP, 1998).




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