Taking complexity seriously. A rejoinder
| Autor | Giuseppe Martinico |
| Cargo | Associate Professor of Comparative Public Law, Scuola Superiore S.Anna, Pisa |
| Páginas | 39-43 |
P A N Ó P T I C A
PANÓPTICA/STALS INTERNATIONAL BOOK SYMPOSIUM
In: DELLEDONNE, Giacomo; SIQUEIRA, Julio Pinheiro Faro Homem de (ed.). “The tangled complexity of
the EU constitutional process. A Symposium”. Panóptica, vol. 10, n. 1, pp. 39-43, J an./Jun. 2015.
39
Taking complexity seriously. A rejoinder
Giuseppe Martinico
1
It is impossible to do justice to the richness of the points raised by Julio Pinheiro Faro
Homem de Siqueira, Marco Goldoni and Pablo José Castillo Ortiz. Indeed, while reading their
generous reflections on my book I was tempted to modify substantially huge parts of my
volume. This is perhaps inevitable since three years have already passed from its publication
(and this is another reason to thank my colleagues for the attention paid to it).
This brief rejoinder will deal with some of the questions that emerged in the symposium,
trying at the same time to confirm the main claims of the book.
The first element shared by all the contributions is undoubtedly the attention that I paid
to courts and judges in the origin and evolution of the complex constitution of the EU.
As I wrote in one of the last chapters of the volume, this choice reflects the very “court-
centric” nature of the debate in this area, an element stressed, among others, by Komárek (J.
Komárek, “Institutional dimension of constitutional pluralism”, Eric Stein Working Paper,
3/2010, http://www.ericsteinpapers.cz/images/doc/eswp-2010-03-komarek.pdf).
This is true, but in spite of what recent scholarship argued about the “diminishing
importance of courts” in the current phase of the European integration process (N. Scicluna,
European Union Constitutionalism in Crisis, Routledge, 2015, 135), courts still play a major
role. It is sufficient here to think of the important decisions given by both constitutional courts
and the Court of Justice with regard to the financial crisis.
However, the importance given to judges in the volume does not exclude the possibility
to extend the considerations made therein to institutional actors other than courts.
Parliaments offer a spectacular example of this: what I wrote in the book about judges
can be recovered with regard to Parliaments as well. Parliaments have similar incentives to
interact in a complex system and this has been explained by Manzella and Lupo who employed
the formula “euro-national parliamentary system” to refer to the progressive construction of a
compound parliamentary arena (“that is to say, being it constituted both by the EU Treaties and
by the Constitutions of the Member States”, A. Manzella and N. Lupo [eds.], Il sistema
1
Associate Professor of Comparative Public Law, Scuola Superiore S.Anna, Pisa .
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