Joseph Halevi Horowitz Weiler (born 2 September 1951) is a South
African-American academic, currently serving as
European Union Jean
Monnet Chair at
New York University Law School
New York University Law School and Senior Fellow of
the Minda de Gunzburg Center for European Studies, Harvard.
He was President of the
European University Institute
European University Institute in Florence from
2013 until 2016. He holds a diploma from the Hague Academy of
International Law. Weiler is the author of works relating to the sui
generis character of the European Union. He is a Fellow of the
American Academy of Arts and Sciences. On 7 December 2012 the European
University Institute's High Council approved his selection as the
European University Institute's new President. He started his term on
1 September 2013 and served through 31 August 2016.
2 Court cases
2.1 Calvo-Goller libel action
2.2 Lautsi v. Italy
4 Representative Publications
6 External links
He holds degrees from Sussex (BA); Cambridge (LLB and LLM) and The
Hague Academy of International Law
Hague Academy of International Law (Diploma of International Law); he
earned his PhD in European Law at the EUI, Florence. He is recipient
of Doctorates Honoris Causa from London University, Sussex University,
the University of Macerata, the University of Navarra, the University
of Ljubljana, University of Edinburgh,
CEU San Pablo University
CEU San Pablo University -
Madrid, Humboldt University of Berlin, Roma Tre University,
Democritus University of Thrace
Democritus University of Thrace - Greece, University of Bucharest, the
Catholic University of America
Catholic University of America and the National and Kapodistrian
University of Athens.
From 1978 to 1985 he was member of the Department of Law at the
European University Institute, Florence, where in 1989 he was
co-founder of its Academy of European Law. He later served as
Professor of Law at the University of Michigan Law School
(1985–1992) and as Manley Hudson Professor and
Jean Monnet Chair at
Harvard Law School
Harvard Law School (1992–2001).
He is Visiting Professor at, among others, the University of Paris,
Institut d'Etudes Politiques de Paris
Institut d'Etudes Politiques de Paris (Sciences Po), the Hebrew
University of Jerusalem, the Max Planck Institute for International
Law at Heidelberg, the
College of Europe
College of Europe in
Bruges and Natolin, All
Souls College, Oxford, Chicago Law School, Stanford Law School, Yale
Law School, the
Ortega y Gasset
Ortega y Gasset Institute, Madrid, the University of
Toronto, the University of Frankfurt, the
University of Ljubljana
University of Ljubljana and
Católica Global School of Law.
One of the topics of his specific interest is the influence of
(Christian) church on European integration. He coined the term
"Christophobia" in his book A Christian Europe: An Exploratory Essay:
It is a Europe that, while celebrating the noble heritage of
Enlightenment humanism, also abandons its
Christophobia and neither
fears nor is embarrassed by the recognition that
Christianity is one
of the central elements in the evolution of its unique civilization.
It is, finally, a Europe that, in public discourse about its own past
and future, recovers all the riches that can come from confronting one
of its two principal intellectual and spiritual traditions.
The term was then popularized by George Weigel's The Cube and the
Weiler contributes to the legal theory of European integration, he
writes on many areas of
EU law (internal market, external relations,
social law, and above all, institutional law). He is a particular
authority on the role of the European Court of Justice. He is the
Editor-in-chief of the
European Journal of International Law (EJIL)
and the International Journal of Constitutional Law (I•CON).
Calvo-Goller libel action
Weiler was a defendant in a criminal libel action brought in the
French courts by Israeli scholar Dr Karin Calvo-Goller concerning a
review of her book The Trial Proceedings of the International Criminal
Court. ICTY and ICTR Precedents (Martinus Nijhoff, 2006) that appeared
on the Global Law Books website which Weiler edits. The review was
written by Professor Thomas Weigend of the University of Cologne.
Calvo-Goller contended that it was libelous. Upon complaint by
Calvo-Goller, Weiler declined to remove the review from the website
and Calvo-Goller subsequently filed suit.
The suit was notable for the issues that it raised concerning the
balance between academic freedom and the rights of those who consider
themselves to have been libeled.
The Dean of the Investigating Judges of Paris accepted Calvo-Goller's
complaint and the District Attorney decided to bring suit against
Weiler. The case was heard by the Tribunal de Grand Instance de Paris
on January 20, 2011, with the verdict handed down in Paris on March 3,
2011, dismissing the lawsuit. In its verdict, the Paris Tribunal
said it had no jurisdiction in the case since Calvo-Goller did not
bring proof by a court-appointed clerk that the book review website
was visible in French territory the day or before the day she brought
the case to the dean of the investigating judges in Paris. The Paris
Tribunal also declared that the words used by Weigend did not
constitute libel and were within the limits of free critical book
review speech. The court said his words in the review were measured,
and the court therefore dismissed the case. The court ordered
Calvo-Goller to pay 8,000 euros (around US$10,000 ) in damages to Dr
Weiler to cover his expenses.
Lautsi v. Italy
In June 2010 Weiler intervened pro bono on behalf of eight governments
before the Grand Chamber of the
European Court of Human Rights
European Court of Human Rights in the
case Lautsi v. Italy. He was defending Italy's right to require the
crucifix to be displayed in public school classrooms. Reversing the
unanimous (7:0) decision of the lower Chamber, the Grand Chamber ruled
by a large majority (15:2) that the display of crucifixes in Italian
classrooms does not contravene the European Convention of Human
In an interview Weiler stated that he was intervening on behalf of
Italy not because he wanted to defend
Christianity but to defend
Professor Weiler is the Director of the Jean Monnet Center for
International and Regional Economic Law & Justice at NYU.
He is also Co-Director of LL.M. "Law in a European and Global Context"
at the Católica Global School of Law, Lisbon; Honorary Professor at
University College, London; Honorary Professor at the Department of
Political Science, University of Copenhagen, Co-Director of the
Academy of International Trade Law in Macao, China and Honorary
Professor at National University of Singapore.
He is a Fellow of the American Academy of Arts and Sciences.
He served as a Member of the Committee of Jurists of the Institutional
Affairs Committee of the
European Parliament co-drafting the European
Parliament's Declaration of Human Rights and Freedoms.
He was a member of the Groupe des Sages advising the Commission of the
European Union on the 1996/97 Amsterdam Treaty.
He is a WTO Panel Member.
He is a founding Editor of the European Journal of International Law,
of the European Law Journal and of the World Trade Review.
He is a Member of the Advisory Boards or Scientific Committees of,
among others, the Journal of Common Market Studies, Cahiers de Droit
Européeen, Common Market Law Review, European Foreign Affairs Review,
the Maastricht Journal of European and Comparative Law, the Columbia
Journal of European Law, the Harvard International Review, the Harvard
International Law Journal, the (Australian) Federal Law Review, the
Journal of European Integration, the European Foreign Policy Bulletin
online and ELSA-Selected Papers of European Law. He is a Member of the
Board of Management of the European Research Paper Archive. He is also
a Member of the Scientific Advisory Board of the Asia-Pacific Journal
of EU Studies.
He is a Council Member of the Centre for European Economic and Public
Affairs, University College, Dublin, a Member of the Board of the
Centre for the Law of the
European Union at University College,
London, Member of the International Advisory Board, Queen's
University, Belfast, U.K. and at the
Ortega y Gasset
Ortega y Gasset Institute,
Madrid, Spain. He is a Member of the Advisory Council of the
Interdisciplinary University Center, Herzelia, Israel. He is a Member
of the Advisory Board of the Center for International, Comparative
Law, the Dickinson School of Law, PennState and Member of the
International Council of the Institute for Global Legal Studies,
Washington University School of Law, St. Louis and a board member of
the Scientific Advisory Board at the Max-Planck-Institute fuer
auslaendisches oeffentliches Recht und Voelkerrecht in Heidelberg,
Germany. He is a Member of the International Advisory Board of the
Contemporary Europe Research Centre of the University of Melbourne,
Australia and a Member of the International Board of the Concord
Research Center at the College of Management, Israel. He is a Council
Member of the Association for Hebraic Studies, AHS Institute, USA. He
is a member of the Editorial Board of the Jewish Review of Books.
Un'Europa Cristiana: Un saggio esplorativo" (BUR Saggi, Milano, 2003 -
translations into Spanish, Polish, Portuguese, German, French,
European Constitutionalism Beyond the State. Edited with Marlene Wind
(Cambridge University Press, 2003).
Integration in an Expanding European Union: Reassessing the
Fundamentals. Edited with Ian Begg and John Peterson (Blackwell
The Constitution of Europe - do the New Clothes have an Emperor?
(Cambridge University Press, 1998 - translations into Spanish,
Italian, German, Slovenian, Japanese, Chinese, Greek, Serbian,
Portuguese and Arabic).
The EU, the WTO, and the NAFTA: Towards a Common Law of International
Trade? (Oxford University Press, 2000).
The European Court of Justice. Edited with Gráinne de Búrca, (Oxford
University Press, 2001) and a Novella, Der Fall Steinmann (Piper
^ Laurea Honoris Causa al Professor Joseph H.H. Weiler, 31 gennaio
2013, l’Università degli Studi Roma Tre Archived 5 March 2016 at
the Wayback Machine.
^ Does it make sense to-speak of "christophobia" ? by Matthew
Schmitz. First Things, 29 November 2012.
^ College of Law and Business, Ramat-Gan, Israel
^ Corbyn, Zoë (25 February 2010). "Scholar vs scholar: libel case's
'disturbing implications' for free speech". Times Higher
^ "French Court finds in favor of journal editor sued for libel over
book review". chronicle.com.
^ "Landmark ECtHR ruling on
Crucifix in the Italian Classroom".
Constitutionmaking.org. 2011-03-18. Archived from the original on 20
John L. Allen, Jr.
John L. Allen, Jr. (2011-01-21). "Tackling taboos on Jews and
Christians, the cross and deicide". National Catholic Reporter.
Archived from the original on 20 January 2013.
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