RISE - Rivista Internazionale di Studi Europei - OTTOBRE 2015, N. 4 | ANNO I Centro Europe Direct LUPT Università degli Studi di Napoli Federico ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
RISE - Rivista Internazionale di Studi Europei OTTOBRE 2015, N. 4 | ANNO I Centro Europe Direct LUPT Università degli Studi di Napoli Federico II
Direttore responsabile
Editor in Chief
Guglielmo Trupiano
Sommario
Vice-chief editor Erminia Attaianese
Marisa Squillante Immigration: a resource for a Europe
Associated editors Anna Elvira Arnò
united in diversity.
Teresa Boccia pg. 3
Mariano Bonavolontà di Guglielmo Trupiano
Carmen Cioffi
Stefano De Falco
Francesca Dovetto Citizenship, multiculturalism, history
Gabriella Duca pg. 12
Vincenza Faraco di Mariano Bonavolontà
Comitato editoriale Jorgen Vitting Andersen
Editorial Board Francesco Saverio Coppola The European Court of Justice: a catalyst
Chiara Corbo for European integration
Antonio Corvino
Carmen Costea pg. 18
Filippo de Rossi di Domitilla Sartorio
Pierre Ecochard
Ana Falù
Pier Paolo Forte Fire events in airport, maritime,
Serge Galam underground and railway stations: fire
Alessandro Giordani engineering and liability
Massimo Marrelli
Milena Petters Melo pg. 24
Heike Munder di Donatella de Silva, Ferdinando Mancini
Christian Nicolas
Giovanni Polara
Antonio Rapolla Predictions on the seismic response of
Ines Sanchez de Madariaga monumental towers on soft soil
Massimo Squillante pg. 33
Matthias Vogt
Marco Zupi di Filomena de Silva, Francesco Silvestri
Comitato di redazione Antonio Acierno
Uniti nella diversità. La giornata europea
Editorial Committee Mariarosalba Angrisani
Amelia Bandini delle lingue.
Barbara Bertoli pg. 42
Roberta Capuano
Flavia Cavaliere di Amelia Bandini
Bice Cavallo
Giovanni Del Conte Vegan or Vegetarian? An investigation into
Barbara Delle Donne
Maria Esposito the current usage of the terms in English,
Loreta Ferravante French, Spanish and Italian.
Paola Fiorentino pg. 50
Ettore Guerrera
Valeria Maiorano di Micol Forte, Francesco Nacchia
Giuseppina Mari
Mario Masciocchi “Nutrire il Pianeta. Energia per la Vita”,
Ferdinando Maria Musto
Antonietta Maria Nisi lo sviluppo sostenibile nell’ottica di una
Stefania Palmentieri cultura per la crescita e l’occupazione
Enrica Rapolla all’Expo Milano 2015.
Loredana Rivieccio
Maria Scognamiglio pg. 68
Daniela Savy di Enrica Rapolla
Maria Camilla Spena
I Biofuels: la vera frontiera energetica
rinnovabile
pg. 76
Technical Editor Bice Cavallo
di Antonietta Maria Nisi
Coordinamento e Mariano Bonavolontà
produzione editoriale Nuove norme per il rilancio dell’Edilizia
Art Direction Valeria Pucci pg. 82
di Isabella Martuscelli
ISSN 2421-583X In Coperina:
Anno I, Numero 4 Il Colosseo in un dipinto di Bernardo Bellotto (1721-1780)
Newsletter tematica di ottobre
01-30 ottobre
Le opinioni espresse in questa pubblicazione sono esclusivamente quelle degli autori.
La Commissione non è responsabile dell’eventuale utilizzo delle informazioni contenute in tale
pubblicazione. Questa pubblicazione è realizzata con il contributo dell’Unione europea.
Immigration: a resource for a Europe united in diversity. di GUGLIELMO TRUPIANO Direttore responsabile della Rivista Internazionale di Studi Europei RISE Direttore del Centro Europe Direct LUPT Università degli Studi di Napoli Federico II
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
Abstract
This paper scrutinises the current phenomenon of the refugees’ crisis, which is spreading
all over Europe and it identifies several standpoints to look, at and to think about, this tragic
issue. The paper focuses on the behaviour and attitudes shown by several Countries during
the last few weeks, continuously changing the geopolitical orders of the EU, with particular
reference to new emerging dynamics in the nearly annexed East and in a “guiltily” forgotten
Mediterranean South. Starting from, and continuously referring to, President Juncker’s last
speech on the “State of the Union”, the article shares and proposes the need to face and
manage the issue of the refugees’ crisis with a political approach that is considered as the
key to cope with this crisis. The paper assumes that this is a typical momentum for the
EDITORIALE
4
© European Union 2015 - European Parliament
European Union: depending on its ability to act as internally united, the EU will demonstrate
its capacity or incapacity to continue to effectively build the actual and deep Union. In
other words, Europe is now facing a double crisis: the refugees’ crisis and its internal unity
crisis. Finally, the author proposes to focus on the Mediterranean, which should recover its
centrality in the policies of Europe*.
* This article has been submitted on the 14th of September 2015
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
Overcoming permanence is an act that migration and immigration, which led to an
has always been inherent in human nature. empowerment of the city’s material heritage.
The migrating of entire populations made With reference to the immaterial legacy,
it possible for anthropologists to retrace migration streams bring additional enriching
the roots of the historical and geographical elements, especially in the field of traditions
evolution of mankind and its evolution. and language. For example, in London,
Experts in cultural studies have tirelessly a thick range of linguistic and cultural
introduced the theorem of permanence as a innovations could be detected, which make
feature that is not discernible in all cultures. the English language richer. Moreover, the
Many are the intrinsic characteristics of phenomenology of immigration is strictly
the migration phenomenon, among these, linked to the national stories, as proof of
two are the components that cannot be its so accentuated cultural component.
overlooked when analysing this complex Undeniably, immigration routes follow
and controversial topic: the ancient colonisation ones, as if deep
firstly, immigration and migration phenomena navigation canals were traced among
always entail a human component, and continents and continuously reutilised as
secondly, immigration always involves immigration’s routes. Consequently, French
effects and repercussions on society. speaking North Africa would be more
Firmly believing that immigration involves attracted to France, whilst Egypt and India
a human component is not just a rhetorical will be more inclined to retrace the ancient
assumption: it keeps our attention focused ways which connected them with London in
on the dissertation “contents”, moreover, the past.
it raises several related issues such as,
and most importantly, issues regarding Nevertheless, immigration could cause
protection of human rights, the topic of several problems: the latter could trigger
EDITORIALE
political asylum and the welfare system, unrestrained and often politically exploited
without omitting all legal implications and phenomena, which are usually ascribed to
the field of international law. NIMBY syndrome and then exacerbated by
Secondly, and this is the area that interests the political debate. Meanwhile, objective
me the most, the phenomenon of immigration problems are detected within immigration
5
has deep effects on the society that houses phenomena, such as the numerous sanitarian
the immigrants, with a specular perspective. emergencies and bad management that
The immigration phenomena generate could lead to actual idiosyncrasies (as in the
positive and negative dynamics: migration recent case of immigrants settlement in the
waves wreak cultural syncretism. The USA, hotels of the central-northern Italian Riviera),
i.e., represent a direct testimony of how which contribute to the creation of a fairly
diverse and diversified linguistic, ethnic high radicalisation of the problem.
and social families would have enriched the This combination of negative problems
territorial social cultures by creating and marginalises and/or darkens the positive
institutionalising a miscellanea of subcultures features and it is not a surprise that Denmark
that can boost the immaterial culture legacy. chose to publish a letter of discouragement
Indeed, when a minority, resulting from an for the immigration phenomenon on
immigration wave, is institutionalised, the Lebanese newspapers.
institutionalised society and its culture could
benefit from the innovations brought by the Immigration emergency is a field where
immigrants. the frontier territories’ contradictions
In truth, even Europe and its cities have taken become even more radical. An example is
advantage of these dynamics for a very represented by the southern coasts of Italy,
long time. I am referring to the architecture which are collapsing under the weight of
of the European city: it proudly shows its this phenomenon, even more tragic and
stratifications and layering that narrate unsustainable, despite the incomparable
multiple styles brought to the city by the efforts of humanitarian aiders. This situation
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
results in the worsening of the attitudes level, dangerously inclined1.
against immigration and in the strengthening
of a European image, which is far from the More in particular, migration routes
coasts and abandons its most peripheral continue to perturb geopolitical orders on
territories. In the meantime, mass media which Europe has tried to found its foreign
exploits the phenomenon, often brutally, by policy. European integration scholars
following the audience reasons and criteria have already demonstrated that, during
that lay on the debatable limits of freedom the period of massive enlargement of the
of information and expression, and by EU towards the East, Europe’s barycentre
increasing and amplifying the preoccupation has been moved consequently towards
of the public opinion on the phenomenon. It East, probably following the logics of
is not a coincidence that migration is attested geo-economic convenience. But, this licit
as the European citizens’ first preoccupation attention towards and beyond the Balkans
and it is woven with terrorism and political has not been adequately counterbalanced
violence. Usually, as in a non-totally justified by a focalisation on the Mediterranean’s
semantic synthesis, these two concerns
seem to proceed in parallel and on the same 1 Eurobarometer Standard n. 83 http://
ec.europa.eu/public_opinion/archives/eb/eb83/
eb83_first_en.pdf p. 14
EDITORIALE
6
© European Union 2012 - European Parliament
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
resources. The basin of “Mare Nostrum” «We Europeans should remember
owns an unexpressed potential, which has well that Europe is a continent where
not been wisely managed because it has nearly everyone has at one time been a
been “darkened” by the geopolitical priorities refugee. Our common history is marked
coming from the East. Now, as an already by millions of Europeans fleeing from
deflagrated bomb, the Mediterranean’s role religious or political persecution, from
on the international and European theatre war, dictatorship, or oppression».
has vehemently imposed itself; the tragic
effects, which were deadened in the past, So, far from a mere institutional approach,
have strongly and vigorously summoned the political one entices considerations
Brussels’ attention with their whole which find their roots in a common history
devastating dramatic nature. that cannot be blind to its past and that rests
It is clear that it is not possible to address on its laurels of wellbeing to which, despite
the topic by following a national approach the crisis, Europe is still anchored; in this
because the migration phenomenon European past, those who are affected by
is objectively complex and a national the NIMBY syndrome, are the same peoples
perspective is no longer enough. Italy, who have been migrant and refugee due to
together with Greece and Malta first and killings that have shocked Europe during the
then with Hungary, are surely more exposed years.
to the phenomenon, but the problem, as
well as the approach, should be global and, Therefore, this refugees’ crisis is an
above all, political. opportunity for Europe to recover its most
In fact, these prerogatives are recalled in human face and its capacity to act as a
the recent speech by President Juncker unique social and political body on the
on the “State of the Union”2 held on the international scene, going beyond the internal
EDITORIALE
9th of September in Strasburg, that has incomprehension and the many delays in the
underlined, on the proscenium of the elaboration of the European project. This is a
speech, the refugees’ crisis, reiterating the central moment because it could represent
political nature of the Commission. the symptom of the actual presence or
Referring to this last concept, surely the absence of a real union among the Member
7
immigration phenomenon presents wide States. Besides economic and technical
social, economic, geographical and cultural debates, besides the cold economics made
aspects, but it is mainly a purely political issue
by data and competitions among the States,
and so it cannot be treated with a technical besides the incomprehension between
or technocratic approach. These kinds of the Countries and far from the political
methods can be effective for economy but exploitations and the related easy-to-
they cannot be used while dealing with a understand rhetoric, the refugees’ crisis is a
complex and epochal dramatic phenomena resource for Europe and it could represent a
as immigration/emigration and political momentum of actual unity which is essential
refugees. to revive the currently foggy process of the
Exploiting a political approach means to European unity construction. European law
brave the complexity of the refugee’s world technicalities can wait because if there is
without being scared by what can be found; a lack of political and jointly responsible
only a political approach takes into account commitment, they are destined to fail. It
the diverse variables which compose this could be argued that, the East owns a grave
phenomenon. Political approach means to responsibility referring to the European
strive into a «historical fairness» operation, frontiers’ closure to refugees. Europe has
as Juncker has specified in his speech on always demonstrated its trust in the East,
the “State of the Union”: in the Balkans, by approaching Moscow
through accurate and designed policies.
This topic had deep political symbologies,
2 http://europa.eu/rapid/press-release_ too. Indeed, as well as Greece’s entrance
SPEECH-15-5614_en.htm
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
into the Union (considered by some too guiltily disregarded and forgotten, shows its
premature) was mainly dictated by the own tragedy and reaffirms its great potential
inconceivability to build the European dream in terms of development, integration and
without the democracy’s cradle (whose myth cohesion among the peoples.
of Europa named the Continent), during the The idea of Europe itself risks to decay. As
first decennium of 2000, Europe decided to President Juncker has said in his speech on
become the engine that would have slowly the “State of the Union”,
driven the ex-soviet Countries’ block far «Europe is the baker in Kos who gives
from the planned economy and towards a away his bread to hungry and weary
clearly western democracy, rule of law and souls. Europe is the students in Munich
market. But, even if this operation has been and in Passau who bring clothes for the
carried out, inner cultural roots within the new arrivals at the train station. Europe is
eastern Countries are difficult to eradicate the policeman in Austria who welcomes
and so, maybe, these reminiscences could exhausted refugees upon crossing the
have generated a common hostile attitude by border. This is the Europe I want to live
the European East towards the immigrants in».
issue, even if with the due gradations.
Europe has set its own sights on the East, Nevertheless, coordination problems and
which has proven to be quite unreliable, political dynamics are now modifying the
whilst the Mediterranean, which has been so European structure. Let’s think about the
EDITORIALE
8
Migranti a Lampedusa - © European Union, 2015 / Photo: Laporta Mario - Audiovisual Service
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
German attitude: Germany has decided to to Europe at the moment. However, they
suspend the treaty of Dublin and to develop still represent just 0.11% of the total EU
a precise pro-immigration policy. From a population. In Lebanon, refugees represent
media standpoint, the German Chancellor 25% of the population. And this in a country
has surely wiped out the image and the where people have only one fifth of the
heritage of an insensitive and authoritarian wealth we enjoy in the European Union».
Germany, as labelled during the Greece
affair3, and now the Country seems to be Dealing with the immigration phenomenon
driving Europe again, while interpreting a new as an economic issue does not mean to
and positive role. Tendentious interpretations devalue the problem or to abandon the
have highlighted the economic returns needed political optic. An example could
on this operation. Nevertheless, after yet be the German attitude towards the Syrian
another shipwreck with 39 victims and people. The great potentialities of the
an escalation of immigrants that have put integration within the German economy
the logistic and the economic system of come from the certain presence of potential
German cities, firstly Munich, to the test, among the migrants who are treated as a
Germany has been forced to take a step resource, especially politically speaking.
back, temporarily suspending Schengen4, The impressive German productive system,
with the approval of the same Juncker. This together with the social economic one,
decision highlights the unsustainability of could become the outlet of immigration:
the European situation, characterised by an an immigrant with a potential could cover
“escape from responsibility” attitude. The job positions that allow a better integration
new European scheme presents a block of within the social and economic environment,
Countries, such as Hungary, which exploits because finding a job and paying taxes,
the German “open doors” to ignore and would allow to contribute to the system with a
EDITORIALE
solve the issue. The Scandinavian voices, consequent decrease of social deviance and
and Sweden’s in particular, come together an increase of the integration and cohesion
with the German calls for an equal repartition indexes. Thus, economy penetrates within
of refugees and immigrants streams. As a the political discourse, not vice versa.
matter of fact, internal dreads are spreading Indeed, if immigration surely shines a light
9
within Germany and could bring the compact on the European continent’s efforts, with
front of Angela Merkel to implode causing consequent positive repercussions on the
a consequent political crisis that no one in EU’s image in the international scene, this
Germany, as well as in Europe would be able same light could also drive negativity due
to handle. to Europe’s unquestionable lack of internal
unity which finds its litmus in the current
Above any ideology, there is a need to nonexistence of a unique and united
shine a light on this issue’s proportions. The management of this crisis. Europe seems
phenomenon of immigration and political to be crumbling under the slow internal
refugees has involved, according to several earth tremors, which create a bi-partition:
data, like those reported by the same Junker Germany, with other EU Countries such as
in his speech, circa 500.000 peoples starting Italy, France and Greece on one side, and
from the beginning of the year, but these Hungary, Slovakia and United Kingdom on
data should be contextualised; indeed, as the other.
Junker stated: The UK and Germany stay on opposite sides.
The UK is also facing internal problems.
«There is certainly an important and The relationship between UK and EU has
unprecedented number of refugees coming always been tricky and adversarial: the
Commonwealth system and the historically
3 I am referring to the events about the verified relationships with the United States,
potential “Grexit”. have always projected the UK towards the
4 http://eur-lex.europa.eu/legal-content/ Atlantic Ocean; the rejection of the Euro has
EN/TXT/HTML/?uri=URISERV:l33020&from=EN
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
confirmed its position as “out-of-team”; its and the regularly committed to political
alienation from EU affairs is not justified by juggling activities that are not always easy.
a new version of the “splendid isolation” By the way, a joint response is needed
which does not exist and the UK continues because of two reasons: first of all, if Europe
to be chronically eurosceptic. On the internal would fail in building a united management
side, Great Britain is continuously harmed by of the refugees’ crisis, an unusually deep
nationalist movements, mainly from Scotland, political and social fracture would be
that endlessly jeopardise the decaying of a generated and this would affect both the
State which is closer to the United States economic and political sides of the EU;
and to the ancient colonial routes. Moreover, secondly, by failing, Europe would newly
beyond the current refugees’ crisis, Great demonstrate how the European dream of
Britain has always been forced to deal with building a federalist Union would disappear.
the qualified and unqualified immigration Europe, all of Europe, should comprehend
phenomenon, mostly by itself: a massive how the refugees’ crisis is an opportunity.
number of human resources go to the UK to The demographic decrease and the lack of
work in enterprises from all over the world, human resources would be relieved: quality
to study in the excellent British universities immigration, training for human resources
and to operate in one of the most important for enterprises and sectors that continuously
financial places in the world. In this situation, languish could transform the immigration
a negative response by Cameron could be from a problem to a potential resource
understandable, especially because he is to exploit in a competitive way. Syncretic
constantly pressured by nationalist fronts phenomena and cross-fertilisations among
EDITORIALE
10
Immagine dal sito http://ec.europa.eu/priorities/soteu/index_en.htmRISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
Serbia - © European Union, 2015 / Fonte: AFP-Services, EC - Audiovisual Service / Foto: Bunic Oliver
diverse cultures would allow the European investing on policies, plans and projects to
societies to enrich their own cultural legacy create the conditions towards a permanent
in order to face globalisation’s challenges. and sustainable development, which would
EDITORIALE
But, above all, the European Union would respect local identities within the regions of
demonstrate that its motto works, thanks the sub-Saharan, Saharan and equatorial
to the introduction of new vital lymph into Africa, starting points for great streams of
its culture, revealing its real and effective immigrants who risk their life and belongings
11
capacity to be a Europe united in diversity. in deadly trips that are transforming the
The Mediterranean should be an absolute Mediterranean in an immense liquid
priority in the European cohesion and cemetery.
development policies. It should integrate all
of those peoples who escape from conflicts
and wars in the region, strengthening the tools
and devices of cooperation and development
and bringing better life conditions in the
equatorial Africa (which is an actual source Websited
of desperate escape from hunger, poverty Eurobarometer Standard n. 83 http://
and from an endemic underdevelopment ec.europa.eu/public_opinion/archives/eb/
status). The far too easy and failing military eb83/eb83_first_en.pdf
adventures in the area have accentuated “State of the Union 2015: Time
and made the crisis endemic rather than for Honesty, Unity and Solidarity”
solving it, as in the case of Libya, roughly by Jean-Claude Juncker
“freed” from Gheddafi and then consigned President of the European Commission
in the hands of a never ending war among http://europa.eu/rapid/press-release_
tribes and warlords, with areas in the hands SPEECH-15-5614_en.htm
of the Islamic State. There is a need to The Schengen area and cooperation
adapt new immigration and integration http://eur-lex.europa.eu/legal-content/EN/
policies for refugees, by considering them TXT/HTML/?uri=URISERV:l33020&from=EN
as a great resource to create a peaceful,
multi-ethnic, multi-religious Europe, and byCitizenship, multiculturalism, history di MARIANO BONAVOLONTÀ Centro Europe Direct LUPT – Università degli Studi di Napoli Federico II Direttore del Coordinamento di Settore “Comunicazione, promozione, servizi linguistici, culture management e rapporti con la Rete Europe Direct”
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
Abstract
The European Union plays a central role in the current phenomena of migration which
could be considered as a turning point for its institutional life. EU’s internal unity will be also
assessed through its behaviour and compactness to face the refugees’ emergency. This
short paper deepens the vectors that hold Europe’s internal unity: EU citizenship, which
drives new and wider formae mentis, multiculturalism as a common identity mark and the
common history of Europe*.
SOCIETÀ
13
Un migrante attraversa il confine serbo attraverso i campi di Opatovac, Croazia - © European
Union, 2015 / Fonte: AFP-Services, EC - Audiovisual Service / Photo: Bunic Oliver
* This article has been submitted on the 14th of September 2015RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
The current phenomena of migration, EU citizenship is evidently central in the
the consequent refugees’ crisis and the institutional structure of the EU but the
multitude of migrants and their disastrous Treaty seems reassuring, too, especially
tragedies, have arisen the attention on the referring to those concerns about the
migration streams to Europe. During the last potential subjugations, by this powerful
weeks, media coverage and agendas have and juridically rare concept, on national
been completely structured on the refugees’ citizenships. Indeed, internal national
crisis and new geopolitical scenarios in constitutional citizenships are tranquil
Europe have been continuously re-depicted, about the impossibility by EU citizenship to
basing on the reaction of the single Countries. substitute them: they would only be fortified.
This has generated a pressure on European It could be hypothesized that this uncommon
Union’s behaviour and actions to deal way to feel and to act as a EU citizen has
with the crisis and it has also provided the also created a sort of new mind-set about
Eurosceptics with tools to demonstrate the the granitic issue of national citizenship
unfeasibility of a full European integration. which is, in its theoretical nature, enriched
This escalation of attention has also placed by an additional citizenship and this new
European Union under the lights of the commingling surely generates an interesting
international community and media being phenomenon which unhinges the traditional
this an occasion for the European Union concept of national citizenship by making
to act as a whole, as an actual unity; this the issue of citizenship more “porous”.
crisis could be considered as an opportunity This porous character of the EU citizenship
for the EU to demonstrate its power and is a novelty but also a needed device in the
its internal sound unity. But, which are the current multicultural scenario where the
drivers of this unity? European Union operates.
The concept of European citizenship usually Multiculturalism, as well as multilingualism,
generates food for thought due to its unusual are key issues to understand and
SOCIETÀ
and particular conformation. Literature often comprehend the complex scenario of the
defines it as an additional citizenship which European citizenship.
enriches and does not substitute national One of the actual and tangible achievements
citizenship. the European Union has reached is, probably,
14
The Treaty of Maastricht has introduced the establishment and/or the improvement of
this concept for the first time through the multicultural forma mentis of EU citizens
its positivisation and it is quite symbolic as actual result of European citizenship
that, together with the change from the from its juridical perspective and form to its
“Community” to the “Union”, the need to natural consequences on the everyday life
state and define the status of a European of each European citizen.
citizen has been felt. The multiculturalism key opens the minds of
The current consolidated version of the European citizens who have been more and
Treaty on the functioning of the European more “used to” multicultural milieu as long
Union1 consigns to its article n. 20 the clear as the European integration was becoming
definition of the citizenship of the Union and sounder and solider with time.
it underlines that it «shall be additional and The last Eurobarometer (83)2 confirms
not replace national citizenship». that, among the most positive results as
Thus, the Treaty seems very clear and, perceived by EU citizens, the freedom of
contemporarily, very watchful, because it movement is the most quoted/chosen3.
places the issue of EU citizenship on the However, the latest events in Europe have
avanscena of the Document but it also weakened this essential freedom because
underlines the boundaries of its scope. of the refugees’ crisis. Thus, this “freedom
Through this operation, the issue of the
2 Eurobarometer Standard n. 83 http://
ec.europa.eu/public_opinion/archives/eb/eb83/
1 http://eur-lex.europa.eu/legal-con-
eb83_first_en.pdf
tent/EN/TXT/PDF/?uri=CELEX:12012E/TXT&-
from=EN 3 Ibidem, p. 31RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
Eurobarometro Standard: il documento integrale è disponibile al link http://ec.europa.eu/public_
opinion/index_en.htm
of movement issue” has become complex, “United in diversity” is not only a motto,
contradictory and difficult to accept, manage the institutional EU motto, but the concrete
and implement. comprehension that the acceptance of
In other words – and this is the core of this cultural diversity is a needed must in order
SOCIETÀ
paper ground thesis – EU citizenship has to survive in the current globalised world.
undoubtedly created a cascading effect: the Obviously, the boost towards the openness
objective introduction of a series of positive and the multiculturalism in Europe and the
15 rights which have generated a valuable effect following creation of a wider mind-set in
on the citizens’ mind-sets, that have become favour of the acceptance of the xenoi cannot
more and more accustomed to foreigners. be attributed only to the institutionalisation of
The increase of the possibility of free the European Union’s citizenship, because
movement, the habit to use a new common of the presence of current globalised and
currency, the awareness of the presence globalising phenomena whose borders
of a supranational organisation, have actually go beyond the EU frontiers, such as:
enlarged the EU citizens horizons. It is not the consumption behaviour globalisation; a
a mystery that, among EU Countries, some wider mobility and the following reduction
are more used to deal with immigration (of of distances; a homogenisation of training,
several kinds) than others; geographers education and jobs skills due to the
and anthropologists have largely deepened globalisation of firms, companies and their
these phenomena, linking them to historical related job markets; new trends in the
reasons, too, as the ex-colonial migrations cultural consumption habits in the fields of
that retrace the ancient post-colonial routes. loisir, tourism; and, finally, new information
In other countries, on the other side, the tools and communication networks which
increase of movements in and out their have deeply globalised and altered the way
borders, has augmented their openness. people are tuned on current news.
Populist political movements and parties, As in the case of USA citizenship, which is
spread during the last years against the incomparable to the European Union’s one,
EU, could also be considered as proof of also in the latter this elasticity could be an
the perception of (and following reaction to) important vector and so cultural diversity
these new trends. could be considered both as preconditionRISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
and as final result of migration, especially for U.S. than there are in Scotland? That there
a continent as Europe which is continuously is a reason the number of O’Neills and
trying to build new cultural paradigms on its Murphys in the U.S. exceeds by far those
millenary traditions,. living in Ireland?
Within the European DNA, multiculturalism is Have we forgotten that 20 million people
an omnipresent issue, the European founding of Polish ancestry live outside Poland, as a
myths and narratives are full of cultural result of political and economic emigration
multiplicity as well as the historical roots of after the many border shifts, forced
Europe are embedded of cultural variety, expulsions and resettlements during
such as in the case of the cives identities in Poland’s often painful history?
the Roman Empire. Multiculturalism has also Have we really forgotten that after the
spread during the golden époque of Gran devastation of the Second World War, 60
Tours, where cultural diversity was meat as million people were refugees in Europe?
the most powerful way to increase one’s That as a result of this terrible European
own culture and creativity and so the direct experience, a global protection regime –
contact with other cultures was foreseen, the 1951 Geneva Convention on the status
in the view of the so-called “sentimental of refugees – was established to grant
education” for the philosophe and artists. refuge to those who jumped the walls in
The migration DNA resounds in the deep Europe to escape from war and totalitarian
words of Jean-Claude Juncker’s speech oppression?
“State of the Union 2015: Time for Honesty, We Europeans should know and should
Unity and Solidarity”4, held on the 9th of never forget why giving refuge and
September in Strasbourg and which naturally complying with the fundamental right to
starts with the issue of refugees: asylum is so important.
«We Europeans should remember I have said in the past that we are too
well that Europe is a continent where seldom proud of our European heritage
nearly everyone has at one time been a
SOCIETÀ
and our European project.
refugee. Our common history is marked Yet, in spite of our fragility, our self-
by millions of Europeans fleeing from perceived weaknesses, today it is Europe
religious or political persecution, from that is sought as a place of refuge and
16
war, dictatorship, or oppression. exile.
Huguenots fleeing from France in the 17th It is Europe today that represents a
century. beacon of hope, a haven of stability
Jews, Sinti, Roma and many others fleeing in the eyes of women and men in the
from Germany during the Nazi horror of the Middle East and in Africa.
1930s and 1940s. That is something to be proud of and
Spanish republicans fleeing to refugee not something to fear».
camps in southern France at the end of the It is true that Europe is internally very
1930s after their defeat in the Civil War. diversified and its historical backgrounds
Hungarian revolutionaries fleeing to Austria are specific for each Country; regularly, this
after their uprising against communist rule issue is also exploited by Eurosceptics who
was oppressed by Soviet tanks in 1956. embrace it from the opposite perspective.
Czech and Slovak citizens seeking exile Heritages and legacies from history often
in other European countries after the constitute the basis of National cultural
oppression of the Prague Spring in 1968. mind-sets and several Countries also own
Hundreds and thousands were forced to inner diversified cultural situations, with
flee from their homes after the Yugoslav particular reference to those Countries
wars. whose nationalisation processes have not
Have we forgotten that there is a reason been very linear during the time.
there are more McDonalds living in the Nevertheless, this wonderful cultural and
historical diversification is like a mosaic,
4 http://europa.eu/rapid/press-release_ where each tessera has a particular and
SPEECH-15-5614_en.htmSOCIETÀ RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
17
Immagine da Wikimedia - Il Colosseo in un dipinto di Bernardo Bellotto (1721-1780)
specific role but only the total glance of this Secondly, the juridical concept of EU
mosaic masterpiece allows to understand citizenship, its following repercussions on
the real unity of Europe which constitutes the daily life and the globalised phenomena,
its actual point of strength. This richness is surely created a wider formae mentis in
essentially debtor to a common European Europeans that (even if partially) explain
history. Europe, as a continent, has a the wonderful manifestations of solidarity
common history, sometimes bloody and carried out by European people during the
cruel, and European Union has to remember refugees’ crisis.
that it was born on the still-smoking remains Finally, and most importantly, European
of the II World War by using the principle of Union has to think about its past and history
the mutual economic convenience to create in order to find the energy and the power to
a device to logically avoid new wars: this deal with this current crisis which cannot be
could have only happened by being a unity. overlooked and which could also be seen
Thus, by retying these clues, three as an opportunity to nourish the more and
considerations should be taken into account. more felt need to find an actual unity which
First of all, multiculturalism is an identity goes beyond the “mere” economy.
mark of Europe and the EU.The European Court of Justice: a catalyst for European integration di DOMITILLA SARTORIO Royal Holloway University of London
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
Abstract
The European Court of Justice (ECJ) is often regarded as a pro-integrative institution. The
Court, in fact, has played an important role in binding the Member States (MS) together
through its laws. This article investigates in which way the ECJ has served “in the process
of European integration” (Alter, 1998: 123). Firstly, the preliminary ruling procedure will be
analyzed as it fostered cooperation among national courts and the Common law, creating
a reactive legal community bar and possibly, according to Weatherill (1995), a more federal
Europe. Important to the enforcement mechanisms are also the principles of supremacy
and direct effect, necessary for the creation of a multi-level system that integrates private
and public actors. The Court, in fact, created opportunities providing personal incentives for
individuals to participate in the construction of the community legal system. The ECJ was
able to influence European integration so much because of the lack of obstacles from the
Member States. Burley and Mattli (1993) asserted that the ECJ did not face impediments
because of its non political nature, or as Weiler (1981) said, owing to its ‘neutral’ role. Alter
(1998), on the other hand, developed the thesis of a ‘time horizon difference’ that drives
politicians and judges’ distinct aims. Lastly, the so called ‘spill-over’ effect, a neofunctional
concept, together with the significance of the ECJ within the context of EU integration
process.
STUDI EUROPEI
19
Immagine dal profilo Twitter della Corte Europea di GiustiziaRISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
A great majority of theorists acknowledge that Another important role of the procedure is
the European Court of Justice is nowadays that it provides links between the Court and
different from Member States’ first project. It subnational actors, such as private litigants
was, in fact, established with the mere role and national courts (Burley and Mattli, 1993).
of interpreting and controlling legislations Consequently, the legal community in this way
while still respecting Member States’ status has flourished; since then groups of private
as sovereign nations (Lenaerts, 1990). practitioners have been visiting the Court
and attending educational seminars as they
Preliminary ruling procedure get further encouragement and support from
One of the most relevant ECJ tools to pursue private association such as the International
European integration is the preliminary Federation for the European law. Lastly,
ruling procedure. Established to challenge as governments find it harder to disobey
only the acts of the Community law, it then their own courts, compared to international
expanded into challenging national laws courts, the preliminary procedure ensures
(Alter, 2001). The Court of Justice not only that Community law remains uniform in all
acquired the power to give preliminary Member States (Weiler, 1999). Preliminary
ruling on interpretations concerning the procedure therefore challenges national law
Treaty, but its ruling also became binding on strengthening national courts and enhancing
national courts. Supported by Article 177, cooperation between nations and the Court
this procedure brought to the Community and fosters the legal community.
legal structure a pattern that is very close
to a federal system of law (Weatherill, Supremacy and direct effect
1995). Within the context of integration, Of substantial importance for further
this appears to be particularly relevant European integration have been the two
STUDI EUROPEI
because as stated in the ‘Schwarze Case’1 basic legal doctrines of the European
(Schwarze vs. Einfuhr, 1965), it establishes Court of Justice: supremacy and direct
a special field of judicial cooperation used effect. Together with the preliminary ruling
by national courts to strengthen their role procedure, these doctrines are products
in the national legal hierarchy (Kelemen and of the ‘Case-law’, which resulted in the
Schmidt, 2012). It is duty of the Member creation of an autonomous legal order that
20
State courts to determine, in accordance maintained the conditions for integration
with their discretion, whether a question through an enforcement mechanism
of Community law needs to be answered (Weatherill, 1995). This has been the case
in order to reach a decision (Lenz, 1994). since privates started to have the right to
This situation worked as an incentive to the challenge not only EU policies, but also the
national lower courts to refer cases to the national law. The principle of supremacy,
ECJ through the preliminary ruling system described as a cornerstone in the European
(Alter, 2001). The law establishment in the constitutionalization, implies that every
EU institutions has the same effect in all Community provisions and directives are
circumstances in all Member States and superior to the provision of national law
therefore it ensures that integration will not in case of a conflict between Community
only last, but also be developed. law and national law (Alter, 2001). One
1 In the Schwarze case France argued of the cases that highlighted EU law
that the Court could not rule on validity when supremacy was ‘Factortame I’ (Regina. vs.
2
the problem concerned interpretation. The Court Factortame Ltd., 1990). This case is seen as
held that: “[such strict formal requirement] would a turning point in the history of the British
be inappropriate to the special field of judicial Parliamentary Sovereignty as Lord Bridge
cooperation under article 177 which requires the
national court and the Court of Justice, […], to 2 Regina. vs. Factortame Ltd. questioned
make direct and complementary contributions the validity of a United Kingdom legislation on
to the working out of a decision.” (Schwarze vs. the basis that it contravened provisions of the
Einfuhr, 1965: 1081). EEC Treaty by depriving the applicants of their
Community rights to fish in European waters.STUDI EUROPEI RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
Immagine da wikimedia
recognised that it is duty of the UK Court governments (Garrett, Kelemen and Schulz,
to override any rule of national law found to1998). Through direct effect the Court
be in conflict with any direct enforceable rule
created a pro-community constituency of
21 of the Community law (Craig and De Búrca, private individuals by giving them a “direct
2008). What stake in promulgation and implementation
is more, the ‘Simmenthal SpA Case’ 3 of community law” (Burley and Mattli, 1993:
(Amministrazione delle Finanze dello Stato 60). Stein (2000) analyzed two types of direct
v. Simmenthal SpA, 1978) made EU law effect: ‘vertical’, which implies obligations
retroactive as it reads that national courts towards member states’ governments, and
have the obligation to apply Community law ‘horizontal’, i.e. the obligation of an individual
and must accordingly set aside any provision against the other. The power of Case-law is
of national law which may conflict with it. evincible from cases such as ‘Defrenne II’4
(Defrenne vs. Sabena, 1976) in which the ECJ
Further, in 1963 the Court first stated that declared that Article 119 had, for example,
some EU provisions could have direct effect direct horizontal effect and therefore
and this conferred rights on individuals enforceable not merely between individuals
rather than simply imposing duties on
4 Gabrielle Defrenne was a flight atten-
3 Simmenthal S.p.A had imported a dant for Sabena, Belgian national airline. Under
shipment of beef for human consumption Belgian law, female flight attendants, unlike their
from France. Doing so, Simmenthal S.p.A was male counterparts, were obliged to retire at the
charged a fee of 581,480 Italian Lire for the health age of 40. Because Defrenne had been forced
and veterinary inspections of the imported meat. to retire in 1968, she complained that the lower
Simmenthal S.p.A considered such inspections pension violated her right to equal treatment on
and charges to be in discord with Community grounds of gender under article 119 of the Treaty
regulations as they hindered the free movement of the European Community (now Article 157 of
of goods among Community members. the TFEU).RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
and the government, but also between national interests during the process of
private parties. Direct effect highlighted how integration, while avoiding “serious conflicts
individuals are the best means of binding that could derail the common market effort”
member states to their obligations. Citizens (Alter, 1998: 130). What is more, as Weiler
who stand to gain have a constant incentive (1999) pointed out, the advances in EU legal
to “push their governments to live up to integration happened in a period of time
paper commitments” (Burley and Mattli, in which the member states were actually
1993: 62). Integration, therefore, advances worried about the supranational pretentions
as the multilevel system offers an alternative of the Treaty of Rome. When in the 1970s
structure for changes to national private and the governments were trying to obstacle the
public actors (Kelemen and Schmidt, 2012: increasing common market the ECJ was
4). Supremacy and direct effect boosted already working too closely with the national
integration to the extent that it was then legal systems. The ECJ changed the EU
possible for the ECJ to challenge national legal system, fundamentally undermining
law. Also, direct effect created a situation in Member States’ control over the Court. The
which private parties had incentives to make non-political nature of the Court’s decisions,
legal claims based on their economic rights together with the ‘different time horizons’ of
and other individual rights under European politicians and judges, has helped pursuing
law. European integration (Alter, 1998).
All these aforementioned enforcement
‘Time horizon difference’ tools give the idea of a pro-integrative
The metamorphosis through Case-law, European Court of Justice. Accordingly,
as seen, was particularly important for the neo-functionalist literature considers the
encouragement of EU integration. The ECJ as highly instrumental to the progress
STUDI EUROPEI
discussion, then, seems to focus on how of European integration. Another neuralgic
the ECJ switched its role “from agent to point in the integration process is that, as
principal” (Josselin and Marciano, 2007: 9) the neofunctionalists explain how an initial
and how it is now able to interpret “existing decision made by governments concerning
EC laws in ways that member states had a certain sector can positively affect the
not intended” (Alter, 1998: 123). Burley and authority of institutions into neighbouring
22
Mattli (1993) argued that the main reason areas of policy. For instance as Shaw wrote,
behind the ever-increasing power gained by an act dealing with coal and steel could lead
the ECJ was due to the non-political nature to “a general Treaty covering all economic
of their decisions. “Law functions as both a sectors […]” (1996: 12). This process is know
mask and a shield” (Burley and Mattli, 1993: as the ‘spill-over effect’. For this reason, the
72) as it disguises the promotion of one ECJ is not only the backbone of the juridical
particular set of political objectives against integration but also played an important
contending objectives in the purely political role in the development of political and
sphere. In the same way, Weiler (1999) economic unification. “If politics is power,
believes that the ‘neutral’ role of the Court will and authority, then law is an expression
prevented it from political attacks. On the of these features in particular form” (Green,
other hand, Alter (1998, 2001) brought about 1969: 19). According to Green (1969),
an interesting point of view that focuses on political integration can only take place in
the idea of “different time horizons of courts connection and within the framework of law
and politicians” (Alter, 1998: 130). This as political integration really means legal
difference of interests among politicians and integration. But the neofunctional point of
judges became one of the main reasons view also gives importance to the fact that
for further integration as it left the ECJ free Member States conceived the ECJ as a
to expand. Politicians, who normally focus supranational body that could have led their
only on their mandate’s time span, have project further. It was with this premise only
shorter time goals. Member states are, that the Court was able to then transform
in fact, mainly concerned with protecting and gain more power through Case-law.RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
Case 213/89, R. v. Secretary of State for
European integration has been driven in the Transport ex porte Factortame Ltd. And
last decades by several factors. Nonetheless, Others, 1990.
the central role of the ECJ in this process Craig, P., and De Bùrca, G. (2008) EU Law:
cannot be denied. The preliminary ruling Text, Cases, and Materials. Oxford: Oxford
procedure supported integration by ensuring University Press.
cooperation among national courts and the Garrett, G., Kelemen D., and Schulz H. (1998)
ECJ. This meant a more federal system “The European Court of Justice, National
that challenged national laws and worked Governments, and the Legal Integration
towards a more integrated legal community in the European Union.” International
bar. Case-law has represented a turning point Organization. Vol.52, No.1, pp. 149-76.
for the development of supremacy and direct Green, A. W. (1969) Political integration by
effect. Through them, the Court supports jurisprudence. The work of the Court of
individual participation in the system in a Justice of the European Communities in
way that advances community goals; they European Political Integration. Amsterdam:
created a pro-community constituency of A. W. Sijthoff – Leyden.
private individuals by giving them a direct Josselin, J. M., and Marciano, A. (2007) “How
stake in promulgation and implementation the Court Made a Federation of the EU.” The
of community law (Alter, 2001). What is Review of International Organizations. Vol. 2,
more, its ‘legal character’ and its ‘neutral’ No.1, pp. 59-75.
identity have allowed the ECJ to gain such Kelemen, D., and Schmidt, S. (2012)
an important catalyst role. Member States, “Introduction - the European Court of
at the same time, underestimated the power Justice and Legal Integration: Perpetual
the Court had been acquiring, a power Momentum?” Journal of European Public
STUDI EUROPEI
far greater than the one conferred to it by Policy. Vol. 1, No.19, pp. 1-7.
the Treaties themselves. All these factors Lenaerts, K. (1990) ‘Constitutionalism and
have allowed the ECJ to foster European the many facets of federalism.’ American
integration. Journal of Comparative Law.Vol. 38, pp.
205-64.
Bibiography Lenz, C. (1994) ‘The Role and Mechanism of
23
Alter, K. J. (1998) “Who Are the ‘Masters of the Preliminary Ruling Procedure.’ Fordham
the Treaty’ ?: European Governments and International Law Journal. Vol. 18, No. 2,
the European Court of Justice.” International pp. 389-409.
Organization. Vol. 52, No. 1, pp. 121-47.
Alter, K. J. (2001) Establishing the Supremacy Shaw, J. (1996) Law of the EU. London:
of European Law-Making of an International Macmillan Press Ltd..
Rule of Law in Europe. Oxford: Oxford Stein, E. (2000) Thoughts from a Bridge: A
University Press. Retrospective of Writings on New Europe
Burley, A., and Mattli, W. (1993) “Europe and American Federalism. Ann Arbor:
Before the Court: A Political Theory of Legal University of Michigan.
Integration.” International Organization. Vol. Weatherill, S. (1995) Law and Integration in
47, No. 1, pp. 41-76. the EU. Oxford: Clarendon Press, 1995.
Case 16/65, Firma G. Schwarze v. Weiler, J. (1981) ‘The Community System:
Einfuhr- und Vorratsstelle für Getreide und The Dual Character of Supernationalism.’
Futtermittel, 1965. Yearbook of European Law. Vol.1, pp. 510-
34.
Case 43/75, Gabrielle Defrenne v. Société
anonyme belge de navigation aérienne
Sabena, 1976. https://en.wikipedia.org/wiki/Charter_of_
Fundamental_Rights_of_the_European_
Case 106/77, Amministrazione delle Finanze Union#/media/File:01CFREU-Preamble-
dello Stato v. Simmenthal SpA,1978. crop.jpgFire events in airport, maritime, underground and railway stations: fire engineering and liability di DONATELLA DE SILVA (1), FERDINANDO MANCINI (2) (1) Dipartimento di Strutture per l’Ingegneria e l’Architettura - Università degli Studi di Napoli Federico II (2) Dipartimento di Giurisprudenza - Seconda Università di Napoli
RISE - Rivista Internazionale di Studi Europei - ANNO I, NUMERO 4 • 2015 • ISSN 2421-583X
Abstract
The activity of fire investigation, based on a back-analysis process, which is a reconstruction
through the identification of the qualifying fire signs, allows the reconstruction of the etiology
of the events in order to ascertain also possible responsibilities. This reconstructive activity
requires surgery of professional engineering that, through simulations and analysis, the
study of evidences found on the fire site, of its materials and of its function, reconstructs
the possible or probable scenarios of the accident. This activity requires also the legal
expert who identify the elements that take on significant importance in the reconstruction
and accusation of events. One possible way of liability of the station managing authority
for the damage to the passenger during his permanence may be the liability for social
contact, because there is not an identification of the person providing the station services
and because there is a social contact between the passenger and the station managing
authority.
SCIENZA E TECNOLOGIA
25
© European Union, 2006 / Source: EC - Audiovisual Service ,Agence France-Presse (AFP)You can also read
