Fabian Amtenbrink - Academia.edu (original) (raw)
Papers by Fabian Amtenbrink
Essays in Memory of John A. Usher, 2012
Reconciling the Deepening and Widening of the European Union, 2007
ABSTRACT The chapter critically analyses the EU's institutional capacity to deal with an ... more ABSTRACT The chapter critically analyses the EU's institutional capacity to deal with an ever increasing number of Member States and ever increasing policy areas in which the EU sets the tone.
The Legal Dimension, 2013
SSRN Electronic Journal, 2000
ABSTRACT This contribution examines fiscal policy co-ordination in the Economic and Monetary Unio... more ABSTRACT This contribution examines fiscal policy co-ordination in the Economic and Monetary Union (EMU) and discusses whether the amendments of the Stability and Growth Pact proposed in the past, some of which have since been implemented, enhance budget discipline. In doing so, it provides a detailed analysis of the legal provisions on multilateral surveillance and the excessive deficit procedure based on the concepts of open and closed method of coordination. Arguably, it is the mixing of these two distinct concepts which stands at the heart of the current controversies. This has to be taken into account when assessing the recent proposals to introduce greater flexibility. Indeed, rather than introducing more flexibility, the analysis of the current system presented in this contribution suggests that those elements of economic coordination which prevent the existing rules from being implemented properly should be amended, thereby to some extent depoliticising economic coordination. The contribution begins with a discussion of the fiscal policy rules previously in place, followed by a political-economy analysis of these rules. Thereafter the reform proposals of the Commission, as well as other proposals for institutional reforms, including those originally foreseen in the Treaty establishing a Constitution for Europe, are examined. It is concluded that the reforms of the pact do little to redress the failure of some Member States to consolidate their public finances in times of economic prosperity.
Informal International Lawmaking, 2012
SSRN Electronic Journal, 2000
ABSTRACT Despite its huge consequences for European integration, European Economic and Monetary U... more ABSTRACT Despite its huge consequences for European integration, European Economic and Monetary Union (EMU) has not, until recently, gained the attention of as many legal academics as other supposedly more mainstream areas of European Union law. Even after the establishment of the European System of Central Banks and the introduction of a single currency, the implications of EMU are primarily discussed in terms of the effectiveness and efficiency of the legal framework and its economic implications. While the shortcomings of the present regulatory system, which have contributed to the Eurozone debt crisis since 2010, certainly justify such analyses, they deflect from the question whether and to what extent EMU actually contributes to European integration, as defined by the Treaty on European Union in terms of a ‘process of creating an ever closer union among the peoples of Europe. A Union in which decisions are taken as openly as possible and as closely as possible to the citizen’ and that promotes economic, social and territorial cohesion, and solidarity among its Member States and its citizens. It is at least not self-evident that EMU actually contributes to the identification of the citizens of the Member States with the European project. In fact, one may wonder whether the Eurozone debt crisis actually provides evidence to the contrary.The present contribution explores whether and to what extent in times of (economic) crisis the policies exercised at the supranational level have the potential to contribute to or indeed undermine the appreciation of the European Union by its citizens and, in the long term, the emergence of a transnational citizenship beyond the creation and upholding of rights. In addressing these questions, two fairly distinct topics in European integration studies are connected, namely the conduct of macroeconomic and monetary policy in the EU and the discourse on the existing or perceived lack of identification with and ownership by the citizens in relation to European policies and supranational integration as such. In this chapter, therefore, the debate on the existence or emergence of a European demos is first recalled, thereby reflecting on the notion of the ‘European citizen’ and exploring the role that common goods and solidarity may have in this context. Thereafter, it is explored whether and to what extent EMU pursues ‘common goods’ that bring citizens closer to Europe and each other, thereby creating solidarity among Europeans. Finally, the contribution seeks an answer to the question whether the current Eurozone debt crisis is uniting Member States and their citizens in solidarity in pursuing these common goods in defense of the aims of European integration. The legal analysis is enriched with relevant references to political science and political economy scholarship, adding a multidisciplinary dimension to the chapter.
SSRN Electronic Journal, 2000
... bank Fabian Amtenbrink1 Introduction While the economic and legal discussions of central bank... more ... bank Fabian Amtenbrink1 Introduction While the economic and legal discussions of central bank independence arguably peaked in the 1990's, often inspired by the creation of the European System of Central Banks (ESCB) ...
SSRN Electronic Journal, 2000
ABSTRACT The European financial and euro area debt crisis has exposed fundamental flaws of the sy... more ABSTRACT The European financial and euro area debt crisis has exposed fundamental flaws of the system of economic governance in the euro area and namely of the legal framework introduced into primary Union law by the 1992/1993 Treaty on European Union governing economic policy coordination. This crisis has triggered a European regulatory response, the scope and swiftness of which is unprecedented in the 60 year history of European integration. These regulatory activities raise serious constitutional questions not only at the supranational, European level, but mainly also at the level of the Member States that fuel the long-standing debate on the relationship between the supranational legal order and the (constitutional) legal orders of the Member States. As the focus in the national sphere is increasingly on the impact of the European regulatory activities on core structural principles of the constitutional legal orders and namely the structural principle of parliamentary democracy, this debate has every potential to become even more entrenched. This could also put the much referred to co-operation and dialogue between the national highest (constitutional) courts and the Court of Justice of the European Union to the tested yet again. This contribution commences with a brief flashback to the beginnings of European economic and monetary union highlighting that the current judicial discourse on European economic governance and its democratic credentials is anything but new, as it finds its roots in the Treaty on the European Union. Thereafter, an overview of the new legal framework pertaining to economic policy coordination in the euro area and its impact on the national policy sphere is provided, followed by an analysis of a selection of decisions by national highest (constitutional) courts and tribunals, thereby focusing on their dealing with the constitutional impact of various aspects of the European regulatory response to the crisis. In the concluding part a preliminary answer to the question raised in the title of this contribution is offered.
European Yearbook of International Economic Law 2011, 2010
There are few institutions linked to the exercise of public power in the economic sphere that hav... more There are few institutions linked to the exercise of public power in the economic sphere that have stood the test of time for as long as central banks. 1 Indeed their origins can be traced back to the seventeenth century when in 1668 the Swedish 'Bank of the Estates of the Realm' the forerunner of todays Riksbank was established by the Riksdag, at the dawn of two major armed conflicts with neighbouring Denmark. Soon thereafter, in the midst of the Nine Year War between England and France the Bank of England was established by an Act of Parliament. 2 Other European countries such as France and the German Reich would follow suit in due course. 3 Asserting that the role of central banks has changed in the course of their long history is hardly original. These changes can be observed both with regard to their main tasks, as well as their ownership and (corporate) institutional structure. A number of central bank systems have emerged from private corporations ((joint-) stock companies) that were initially set up with the aim to raise capital for the financing of wars thus acting as the quasi-banker of government, while at the same time undertaking commercial banking. 4 Eventually these banks would become public corporations. 5 Other banks were set up as public corporations from
SSRN Electronic Journal, 2000
ABSTRACT With the introduction of the legal framework of Economic and Monetary Union by the Maast... more ABSTRACT With the introduction of the legal framework of Economic and Monetary Union by the Maastricht Treaty a new chapter not only in European economic integration, but also in the development of the global economic system was opened. The close coordination of the economic policies of the Member States of the world’s largest trading block and the introduction of the euro has had implications far beyond the geographic boarders of Europe. This is partly due to the geographic extension of some Member States beyond Europe and their special relationship with overseas countries and territories. The use of the euro as official currency has thus been effectively extended to the shores of Africa and South America. Moreover, several previously existing exchange rate agreements between a number of Member States and third countries and territories have been continued based on corresponding Council decisions. As a result, the euro constitutes the official currency not only in areas outside the continental European territory of the EU, but also outside the Euro area itself. At the same time the European single currency has also made a remarkable career as a global anchor currency. Yet what are the legal and economic implications of these ties with the European Union and moreover the growing global role of the euro in times of global economic crisis? In seeking answers to this question the paper will namely explore the unique legal and institutional arrangements governing the use of the euro abroad and explore the economic implications thereof.
SSRN Electronic Journal, 2000
Dear students, Dear friends, Ladies and gentlemen, Opening remarks On the 25 th of March the Euro... more Dear students, Dear friends, Ladies and gentlemen, Opening remarks On the 25 th of March the European Union celebrates the 50 th anniversary of the Treaty of Rome by which the European Economic Community was established; the Netherlands being one of the founding members. Until this very day, albeit in revised form, this Treaty still constitutes the very centrepiece of the post-war European supranational legal order. Anniversaries are a time of celebration, a time of praise of previous accomplishments and encouragements to keep up the good work. I am confident that the Informal Meeting of the Heads of State or Government of the Member States planned for the 25 th of March will do an excellent job in issuing a statement to that effect.
In case that the Treaty of Lisbon comes into effect, the primary law of the European Union will n... more In case that the Treaty of Lisbon comes into effect, the primary law of the European Union will no longer explicitly lists undistorted competition as one of the aims of European integration. The question adressed in this Dutch-language paper is whether this indicates a paradigm shift and a (gradual) turning away in the European Union from the principle of free competition. In order to provide an answer to this question, the rules introduced by the Treaty of Lisbon applying to European competition law and, more generally, to the European internal market, are analysed. While the author's draw the conclusion that in the short run the current regime will not change substantially, the Treaty of Lisbon does seem to indicate protectionist tendencies among the Member States, potential to the detriment of the European economic integration process in the medium to long run.
During the negotiations for the Treaty of Lisbon, the stability oriented rules governing European... more During the negotiations for the Treaty of Lisbon, the stability oriented rules governing European Economic and Monetary Union came under pressure. Namely the French government was rather critical about the monetary policy conducted in the Euro area and the powerful and independent position of the European Central Bank in this context. It was suggested that a counterweight is needed in the shape of a European economic government of some sort. Against this background the question arises whether and to what extent evidence can be found in the Treaty of Lisbon for a change of the present legal regime accommodating for this position. In seeking an answer to this question, the Dutch-language paper analyses the aims and general macroeconomic principles a stated in the treaty of Lisbon, the regime of economic coordination, as well as the future position of the European Central Bank. While the authors conclude that the treaty of Lisbon does not constitute a paradigm shift in any of these are...
The article reflects on the implications of the European Commission Green Paper on Consumer Sales... more The article reflects on the implications of the European Commission Green Paper on Consumer Sales and Guarantees in the run up to the EU Directive on German Civil Law.
European Business Law Review
The article examines the problems surrounding the defence of public interests before the European... more The article examines the problems surrounding the defence of public interests before the European Court of Justice.
This paper analysis the implications of the judgment of the European Court of Justice in which it... more This paper analysis the implications of the judgment of the European Court of Justice in which it struck down the first European Union (EU) Tobacco Directive (case C-376/98) for harmonization measures in the European internal market. This judgment from 2000 is not only of vital important for the insights it provides in the working in practice of the quasi-constitutional principle of attribution of powers in the EU, but also for highlighting the limits of harmonization in the European internal market. It is argued that in this decision the Court has not clearly spelled out the limits of Article 95 EC as a legal basis for harmonization measures, but moreover also introduced a de minimis rule with regard to the utilization of this provision for the removal of distortions of competition in the internal market.
Essays in Memory of John A. Usher, 2012
Reconciling the Deepening and Widening of the European Union, 2007
ABSTRACT The chapter critically analyses the EU's institutional capacity to deal with an ... more ABSTRACT The chapter critically analyses the EU's institutional capacity to deal with an ever increasing number of Member States and ever increasing policy areas in which the EU sets the tone.
The Legal Dimension, 2013
SSRN Electronic Journal, 2000
ABSTRACT This contribution examines fiscal policy co-ordination in the Economic and Monetary Unio... more ABSTRACT This contribution examines fiscal policy co-ordination in the Economic and Monetary Union (EMU) and discusses whether the amendments of the Stability and Growth Pact proposed in the past, some of which have since been implemented, enhance budget discipline. In doing so, it provides a detailed analysis of the legal provisions on multilateral surveillance and the excessive deficit procedure based on the concepts of open and closed method of coordination. Arguably, it is the mixing of these two distinct concepts which stands at the heart of the current controversies. This has to be taken into account when assessing the recent proposals to introduce greater flexibility. Indeed, rather than introducing more flexibility, the analysis of the current system presented in this contribution suggests that those elements of economic coordination which prevent the existing rules from being implemented properly should be amended, thereby to some extent depoliticising economic coordination. The contribution begins with a discussion of the fiscal policy rules previously in place, followed by a political-economy analysis of these rules. Thereafter the reform proposals of the Commission, as well as other proposals for institutional reforms, including those originally foreseen in the Treaty establishing a Constitution for Europe, are examined. It is concluded that the reforms of the pact do little to redress the failure of some Member States to consolidate their public finances in times of economic prosperity.
Informal International Lawmaking, 2012
SSRN Electronic Journal, 2000
ABSTRACT Despite its huge consequences for European integration, European Economic and Monetary U... more ABSTRACT Despite its huge consequences for European integration, European Economic and Monetary Union (EMU) has not, until recently, gained the attention of as many legal academics as other supposedly more mainstream areas of European Union law. Even after the establishment of the European System of Central Banks and the introduction of a single currency, the implications of EMU are primarily discussed in terms of the effectiveness and efficiency of the legal framework and its economic implications. While the shortcomings of the present regulatory system, which have contributed to the Eurozone debt crisis since 2010, certainly justify such analyses, they deflect from the question whether and to what extent EMU actually contributes to European integration, as defined by the Treaty on European Union in terms of a ‘process of creating an ever closer union among the peoples of Europe. A Union in which decisions are taken as openly as possible and as closely as possible to the citizen’ and that promotes economic, social and territorial cohesion, and solidarity among its Member States and its citizens. It is at least not self-evident that EMU actually contributes to the identification of the citizens of the Member States with the European project. In fact, one may wonder whether the Eurozone debt crisis actually provides evidence to the contrary.The present contribution explores whether and to what extent in times of (economic) crisis the policies exercised at the supranational level have the potential to contribute to or indeed undermine the appreciation of the European Union by its citizens and, in the long term, the emergence of a transnational citizenship beyond the creation and upholding of rights. In addressing these questions, two fairly distinct topics in European integration studies are connected, namely the conduct of macroeconomic and monetary policy in the EU and the discourse on the existing or perceived lack of identification with and ownership by the citizens in relation to European policies and supranational integration as such. In this chapter, therefore, the debate on the existence or emergence of a European demos is first recalled, thereby reflecting on the notion of the ‘European citizen’ and exploring the role that common goods and solidarity may have in this context. Thereafter, it is explored whether and to what extent EMU pursues ‘common goods’ that bring citizens closer to Europe and each other, thereby creating solidarity among Europeans. Finally, the contribution seeks an answer to the question whether the current Eurozone debt crisis is uniting Member States and their citizens in solidarity in pursuing these common goods in defense of the aims of European integration. The legal analysis is enriched with relevant references to political science and political economy scholarship, adding a multidisciplinary dimension to the chapter.
SSRN Electronic Journal, 2000
... bank Fabian Amtenbrink1 Introduction While the economic and legal discussions of central bank... more ... bank Fabian Amtenbrink1 Introduction While the economic and legal discussions of central bank independence arguably peaked in the 1990's, often inspired by the creation of the European System of Central Banks (ESCB) ...
SSRN Electronic Journal, 2000
ABSTRACT The European financial and euro area debt crisis has exposed fundamental flaws of the sy... more ABSTRACT The European financial and euro area debt crisis has exposed fundamental flaws of the system of economic governance in the euro area and namely of the legal framework introduced into primary Union law by the 1992/1993 Treaty on European Union governing economic policy coordination. This crisis has triggered a European regulatory response, the scope and swiftness of which is unprecedented in the 60 year history of European integration. These regulatory activities raise serious constitutional questions not only at the supranational, European level, but mainly also at the level of the Member States that fuel the long-standing debate on the relationship between the supranational legal order and the (constitutional) legal orders of the Member States. As the focus in the national sphere is increasingly on the impact of the European regulatory activities on core structural principles of the constitutional legal orders and namely the structural principle of parliamentary democracy, this debate has every potential to become even more entrenched. This could also put the much referred to co-operation and dialogue between the national highest (constitutional) courts and the Court of Justice of the European Union to the tested yet again. This contribution commences with a brief flashback to the beginnings of European economic and monetary union highlighting that the current judicial discourse on European economic governance and its democratic credentials is anything but new, as it finds its roots in the Treaty on the European Union. Thereafter, an overview of the new legal framework pertaining to economic policy coordination in the euro area and its impact on the national policy sphere is provided, followed by an analysis of a selection of decisions by national highest (constitutional) courts and tribunals, thereby focusing on their dealing with the constitutional impact of various aspects of the European regulatory response to the crisis. In the concluding part a preliminary answer to the question raised in the title of this contribution is offered.
European Yearbook of International Economic Law 2011, 2010
There are few institutions linked to the exercise of public power in the economic sphere that hav... more There are few institutions linked to the exercise of public power in the economic sphere that have stood the test of time for as long as central banks. 1 Indeed their origins can be traced back to the seventeenth century when in 1668 the Swedish 'Bank of the Estates of the Realm' the forerunner of todays Riksbank was established by the Riksdag, at the dawn of two major armed conflicts with neighbouring Denmark. Soon thereafter, in the midst of the Nine Year War between England and France the Bank of England was established by an Act of Parliament. 2 Other European countries such as France and the German Reich would follow suit in due course. 3 Asserting that the role of central banks has changed in the course of their long history is hardly original. These changes can be observed both with regard to their main tasks, as well as their ownership and (corporate) institutional structure. A number of central bank systems have emerged from private corporations ((joint-) stock companies) that were initially set up with the aim to raise capital for the financing of wars thus acting as the quasi-banker of government, while at the same time undertaking commercial banking. 4 Eventually these banks would become public corporations. 5 Other banks were set up as public corporations from
SSRN Electronic Journal, 2000
ABSTRACT With the introduction of the legal framework of Economic and Monetary Union by the Maast... more ABSTRACT With the introduction of the legal framework of Economic and Monetary Union by the Maastricht Treaty a new chapter not only in European economic integration, but also in the development of the global economic system was opened. The close coordination of the economic policies of the Member States of the world’s largest trading block and the introduction of the euro has had implications far beyond the geographic boarders of Europe. This is partly due to the geographic extension of some Member States beyond Europe and their special relationship with overseas countries and territories. The use of the euro as official currency has thus been effectively extended to the shores of Africa and South America. Moreover, several previously existing exchange rate agreements between a number of Member States and third countries and territories have been continued based on corresponding Council decisions. As a result, the euro constitutes the official currency not only in areas outside the continental European territory of the EU, but also outside the Euro area itself. At the same time the European single currency has also made a remarkable career as a global anchor currency. Yet what are the legal and economic implications of these ties with the European Union and moreover the growing global role of the euro in times of global economic crisis? In seeking answers to this question the paper will namely explore the unique legal and institutional arrangements governing the use of the euro abroad and explore the economic implications thereof.
SSRN Electronic Journal, 2000
Dear students, Dear friends, Ladies and gentlemen, Opening remarks On the 25 th of March the Euro... more Dear students, Dear friends, Ladies and gentlemen, Opening remarks On the 25 th of March the European Union celebrates the 50 th anniversary of the Treaty of Rome by which the European Economic Community was established; the Netherlands being one of the founding members. Until this very day, albeit in revised form, this Treaty still constitutes the very centrepiece of the post-war European supranational legal order. Anniversaries are a time of celebration, a time of praise of previous accomplishments and encouragements to keep up the good work. I am confident that the Informal Meeting of the Heads of State or Government of the Member States planned for the 25 th of March will do an excellent job in issuing a statement to that effect.
In case that the Treaty of Lisbon comes into effect, the primary law of the European Union will n... more In case that the Treaty of Lisbon comes into effect, the primary law of the European Union will no longer explicitly lists undistorted competition as one of the aims of European integration. The question adressed in this Dutch-language paper is whether this indicates a paradigm shift and a (gradual) turning away in the European Union from the principle of free competition. In order to provide an answer to this question, the rules introduced by the Treaty of Lisbon applying to European competition law and, more generally, to the European internal market, are analysed. While the author's draw the conclusion that in the short run the current regime will not change substantially, the Treaty of Lisbon does seem to indicate protectionist tendencies among the Member States, potential to the detriment of the European economic integration process in the medium to long run.
During the negotiations for the Treaty of Lisbon, the stability oriented rules governing European... more During the negotiations for the Treaty of Lisbon, the stability oriented rules governing European Economic and Monetary Union came under pressure. Namely the French government was rather critical about the monetary policy conducted in the Euro area and the powerful and independent position of the European Central Bank in this context. It was suggested that a counterweight is needed in the shape of a European economic government of some sort. Against this background the question arises whether and to what extent evidence can be found in the Treaty of Lisbon for a change of the present legal regime accommodating for this position. In seeking an answer to this question, the Dutch-language paper analyses the aims and general macroeconomic principles a stated in the treaty of Lisbon, the regime of economic coordination, as well as the future position of the European Central Bank. While the authors conclude that the treaty of Lisbon does not constitute a paradigm shift in any of these are...
The article reflects on the implications of the European Commission Green Paper on Consumer Sales... more The article reflects on the implications of the European Commission Green Paper on Consumer Sales and Guarantees in the run up to the EU Directive on German Civil Law.
European Business Law Review
The article examines the problems surrounding the defence of public interests before the European... more The article examines the problems surrounding the defence of public interests before the European Court of Justice.
This paper analysis the implications of the judgment of the European Court of Justice in which it... more This paper analysis the implications of the judgment of the European Court of Justice in which it struck down the first European Union (EU) Tobacco Directive (case C-376/98) for harmonization measures in the European internal market. This judgment from 2000 is not only of vital important for the insights it provides in the working in practice of the quasi-constitutional principle of attribution of powers in the EU, but also for highlighting the limits of harmonization in the European internal market. It is argued that in this decision the Court has not clearly spelled out the limits of Article 95 EC as a legal basis for harmonization measures, but moreover also introduced a de minimis rule with regard to the utilization of this provision for the removal of distortions of competition in the internal market.