Rule of Law, Constitutional Values and Economy
Workshop and consortium for Horizon 2024 calling
June 16th, 2023
Center for Social Sciences, Institute for Legal Studies, Budapest
co-organized by Institute for Legal Studies of the Centre for Social Sciences (Hungary) and the Michel de l’Hospital Research Center of Clermont Auvergne University (France)
This day will be dedicated to the building of a common project for Horizon 2024 call: HORIZON-CL2-2024-DEMOCRACY-01-03: "What is the long-term impact of rule of law and European values on socio-economic outcomes? ».
Abstract:
Historically, the emergence of the Rule of Law in the 19th century - in the sense of the idea of the primacy of law and the development of individual liberties - was concurrent with the development of capitalism. This led to an original and functional interdependence between individual liberties, the expression of the will of individuals through the democratic principle, and the free functioning of the market. Capitalism and liberalism advanced hand in hand, making contemporary constitutional law both the result of their alliance and the means of protecting their existence and their relationships. As a result, Western constitutionalism of the 19th century is based on liberal values, which led to an equation between constitutionalism and liberal constitutionalism. In the West, after Adam Smith work in the 18th century and from the Industrial Revolution onwards, constitutional values became liberal values diffused in the legal order, first through the national protection of the Rule of Law. They create a favorable climate for the primacy of the maximization of individual interest and the free movement of goods and merchandise.
The trauma of the Second World War gave a new dimension to the Rule of Law, a more "substantial" Rule of Law based on the rights and freedoms of human beings. However, the weight of the economy has not disappeared, leading to reinforced protection of the market and individual liberties that underpin the market. Thus, international law and particularly European law have sought to provide guarantees for the liberal Rule of Law. Within the European Communities and later the European Union, as well as in the context of globalization, these freedoms corresponding to the needs of the market have led to the necessarily diminished role of the State.
However, the coherence of such a movement is now being challenged. The Rule of Law in Europe is subject to contradictory interpretations in its content - one known as "liberal" and one referred to as "illiberal", the latter giving rise to "new" constitutional values. Indeed, certain States, through their constitutional courts, resist, in whole or in part, economic and/or political liberalism as guaranteed by international legal instruments.
The international workshop intends to examine the reality and homogeneity of the links between Rule of Law, Constitutional Values, and Economy in Europe. Can each concept embody several contradictory contents? Can they exist without each other? Can a liberal Rule of Law be guaranteed against the will of the State solely for economic reasons? Can the Rule of Law do without the State as long as it acts in the direction of economic health? Can the guaranteed constitutional values continue to ensure the link between the Rule of Law and the economy, or can they be the cause of a change of the nature of such link?
09 - 12 pm Workshop
around 5-10 min of presentation and 5-10min of discussion
9.00 Introduction: Fruzsina Gárdos-Orosz and Marie-Elisabeth Baudoin
9.05 - 10.30
Márton Varju “The variable EU economic constitution, the rule of law, and economic regulation on the Eastern Periphery”
Christine Bertrand, "Rule of law and governance of the euro zone"
Nagy Csongor , “Economic rule of law and the rule of law of the internal market”
Chronowski Nóra “Rule of Law resilience and solidarity in the EU - (solidarity would cover social Europe, BHR due diligence, etc.)”
10.30 - 11.00 Coffee break
11.00 - 12.10
Laurianne Allezard, "The reconciliation of interests: beyond the liberal State"
András L. Pap “‚Business and human rights’ and the rule of law: public and private agents in comparative perspectives”
Marie-Elisabeth Baudoin, “The Rule of Law or the Rule of Economy? The paradoxes of neoliberal policies in the EU”
12pm -13pm Lunch break at MTA
13 pm – 14.30 pm Consortium Building Meeting
The afternoon will be dedicated to the discussion on the building project. It will take place at the Institute and on-line.
Join Zoom Meeting
https://us06web.zoom.us/j/83905523638?pwd=RGYxT3czMGViSnhOdVNhbnhkS3Bjdz09
Meeting ID: 839 0552 3638
Passcode: 407500