N° 41, 2013/3 – Varia
Francesca Astengo – Freedom of Religion Crucified? Secularism and Italian Schools before the European Court of Human Rights
This article explores the issue of the mandatory display of the crucifix in Italian public schools, which is regulated by acts dating back to the 1920s. Italian jurisprudence on the matter has been oscillating, while the Constitutional Court has repeatedly refused to take a position on this issue. The 2011 decision of the European Court of Human Rights in the Lautsi case put an end to a nine year-long judicial odyssey. The Court argued that the decision as to whether a crucifix should be displayed in public classrooms belongs to each European state. By doing so, it renounced to play a universalistic role in favour of national constitutional systems. However, a number of questions remain open for Italy: specifically, the question of the presence of religious symbols in public spaces; their relationship with the notions of a democratic, pluralistic, secular society and neutrality of the state; and the limits to both freedom of religion and freedom from religion at individual and collective levels.
Alban Davesne, Sébastien Guigner – The European Health Community or “White Pool” (1952–1954): An Inter-governmentalist Rediscovery of a Functionalist Project. An Intergovernmentalist Rediscovery of a Functionalist Project: The “White Pool”
If recent empirical developments show that healthcare has become a European problem, academics still view it as a field in which governments seek to retain their sovereignty as a matter of principle, thus postulating the state’s opposition to the integration of healthcare. By reviving a historical project of integration of healthcare and by analyzing it through the lenses of inter-governmentalism ‒ a process considerably more sophisticated than it first looks ‒ this paper stresses that on the contrary, government preferences are contextualized and therefore not immutable, in this field as in others.
Huseyin Sevim – The Europeanization of Candidate States. The Case of the Turkish Administration
This paper investigates the way in which the public administration in Turkey has modified its organization and modes of action under the influence of the European integration process. The paper focuses on Turkish ministries in order to examine this impact at three levels: inter-organizational (macro-administrative scale), intra-organizational (meso-administrative scale), and human resources (micro-administrative scale). It highlights the impact of European integration processes on the modes of action of Turkish ministries so as to illustrate more concretely the effects of Europeanization on their ways of operating. While the implementation of European integration processes has created new styles and modes of action within each administration, it has also contributed to the emergence in the Turkish administrative sphere of shared governance in European policy.
Julie Bailleux – Europe and Its Jurists. The Legal Service of the European Executives and the Promotion of European Law as a New Branch of Law (1957–1964)
The aim of this paper is to shed new light on the making of what is considered the birth of European law, namely the landmark decisions by the European Court of Justice in the van Gend v. Loos and Costa v. ENEL cases, in which the Court laid the basis of its constitutional doctrine. Relying on archival sources, the paper highlights both the part played by European political institutions in the creation and judicial validation of the theory of a European legal order, that is, of its specificity vis-à-vis national and international legal orders, and the political challenges that underpinned its conceptualization at the end of the 1950s. This work suggests that these mythical decisions must be fully understood as the result of a mobilization strategy led by the legal services of European leaders to secure the advent of a future United States of Europe even as the very project of building a supranational Europe was seen as compromised by its promoters.
Florent Pouponneau – The Dynamics of the European Union within the International System: European Policy toward the Iranian Nuclear Program. European Policy on the Iranian Nuclear Program
By analyzing European policy on the Iranian nuclear crisis and examining transatlantic relations on this issue, this paper explores the position of the European Union in the international system. The study highlights the role of leading states in the European foreign policy process and the recurrent distancing from the US policy of sanctions against Iran. Rather than conceiving of it as an instrument or an autonomous actor, we suggest that the European Union can be usefully seen as an arena where actions are transformed in order to understand how its specific dynamics shape international politics.
Areas of Research
Christophe Bouillaud – The Origins of the EEC. A Coproduction by Technocrats, Politicians, and Employers