Delors cites primacy of law in uniting Europe

M. Jacques Delors and the Vice-Chancellor, Dr Colin Lucas

Mr Jacques Delors, former President of the European Commission, identified the law and effective frameworks for decision-making and action, as factors of fundamental importance to the establishment and success of the community model, in a special lecture on 27 October. The occasion marked the establishment of the Jacques Delors Chair in European Community Law, attached to the new Centre for the Advanced Study of European and Comparative Law, founded and chaired by Professor Basil Markesinis. The primacy of the law in the construction of Europe reflects the desire of the founding fathers to `substitute decisions based on law for those based on might', he said. He pointed out that this was currently manifest in the creation of the internal market. While acknowledging the initial preponderance of Roman-Germanic law in Europe, Mr Delors cited the field of criminal procedure as an example of recent convergence between the accusatory Anglo-Saxon style and the European adversarial model. He recognised difficulties with public acceptance of legislation as being one of the major obstacles currently facing the European Union, and pointed to the principle of subsidiarity for a solution. `In the absence of a clear division of powers between the Union and member states, the task of striking this delicate balance between the scope of the community law and respect for national values and choices has frequently fallen upon the Community Court.' Conversely, he added, European law was seen as `a formidable weapon on behalf of freedom and democracy, for both the individual and for economic agents.' With 220 out of 260 directives issued in connection with the implementation of the single market being adopted with the consent of all states, Mr Delors illustrated the superior efficacy of the Community model for decision-making over the inter-governmental one. The expansion of the Community today, he believed, was seen not only as inevitable with no fewer than thirteen countries as candidates for membership, but as desirable: `Our brethren to the East . . . are culturally, geographically, and spiritually just as European as ourselves. It is our imperative duty to open our arms to them, at the dawn of the twenty first century.' But he also noted other problems confronting the Community, including its remoteness and the resultant public disaffection with it. In the end Mr Delors appeared to be advocating a deepening of the Union first. He concluded by reminding the audience of the `lessons of a fifty-year experiment that has enabled Europe to rise above its mortal divisions.'