Originally Posted by Zichao
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Why not?
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Seems like a recipe for quagmires and quangos-like inefficency. Not that the EU-as-is is remotely efficient either but...
I mean, so France would have to manage basically 15 different, specific, levels of bilateral relationships, one for each country within the Union. Simpler to just define roughly 3 level of commitments and with countries having the opportunity to move from 'the sphere' to 'the core' according to their wishes and capabilities.
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Oh, commercial law? Well okay we could do better, but a harmonised legal system is basically what we've got for about 75% of products (IIRC), and there's more and more regulation that uses the "maximum harmonisation" technique, so I think we're doing pretty well, considering.
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Possibly. I am no expert. But, basically, that was what I meant.
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I really meant penal law (and some bits of civil law - damages, divorce etc.). So far the harmonisation that we've got is horrible. The EU arrest warrant, for instance, effectively reduces judicial safeguards throughout the union to those of the worst member (ie. however awesome your own state's failsafes are in terms of rights of the accused, it doesn't matter because you can still get extradited on trumped up charges to spend the rest of your life being bummed in a Bulgarian jail). For it to work all members would have to have equally trustworthy judicial systems for a start, which, however much we may like to pretend, just isn't the case.
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Well, exactly. I found that the drive to absorb Eastern/Central European countries so fast was a total joke. We had to actually barr them from a lot of things, iirc. I can't remember the details but I don't think Polish farmers get the same subsidies as French ones and Polish people aren't free to move to France as they please.
Here, the idea of 'sphere' vs. 'core' makes a lot more sense. And, yeah, I think harmonisation of that kind of penal/civil law ought to take place between civilised western european countries only (those that wants it, of course) - i.e. the core.
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And for another thing there are too many holes in the procedure as it currently stands - even in extradition proceedings between two reasonably liberal countries you can still find yourself deprived of the protection that you'd normally get just by virtue of having a case that falls between two jurisdictions.
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I am not an expert enough to comment. If you say that's a problem, fine but I would suspect that greater harmonisation would be the answer. I mean, if History had played out differently, France and GB would be one entity. It ought to be possible to replicate the result of that History-that-didn't-happen without massive headaches.