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The EU does not have an equivalent of US commerce clause jurisprudence (which descends from Hamilton's original economic design to prevent exactly the kinds of
by mountainb 2y ago
The EU does not have an equivalent of US commerce clause jurisprudence (which descends from Hamilton's original economic design to prevent exactly the kinds of problems that this author is complaining about). The EU does have an equivalent to the supremacy clause, but due to cultural and political forces it cannot have the same effect that it has in the US.
Another major factor that makes the US more competitive is our different approach to intellectual property law that favors competition in comparison to the EU equivalents. Another big thing is less the Delaware effect that he attributes US simplicity to and more the existence of uniform model laws that transformed state business law through the 20th century. Then you have the fact that almost all (except parts of trademark) of the relevant IP laws to large scale enterprises are exclusively federal laws. This is not the case in the EU despite all the normalizing treaties. The EU does not and cannot perform the same role that the federal government does.
I have a better proposal: incorporate the European states as self-governing US territories under the supervision of the federal government. They could have some carve-outs and immunities using an administrative structure similar to that of Native American law. This would also resolve the NATO controversies by just absorbing all of the individual ex-EU member state country militaries under the DoD. It would also eliminate a lot of the weird Article V ambiguity by just making it all American territory.
- Muromec 2y agoThe counter proposal is for sure more realistic compared to the expectation of not having 2 hour lunch break and closing laptop at 4 pm.
- triceratops 2y agoI found myself nodding at the first 2 paragraphs, then got serious whiplash on paragraph 3. That was wild.
- wrboyce 2y agoYeah, what the hell haha. How someone can think “I propose that 27 countries are absorbed into the USA” is reasonable is beyond my comprehension.
- hackable_sand 2y agoDefinitely an American proposition.
- squigz 2y agoI'm glad I'm not the only one. That was unexpected. Is GP joking I hope?
- guru4consulting 2y agoAnd make EU more like USA? let them be influenced by corrupted wall street, loose EPA regulations for pesticides, favor the rich in the name of capitalism? In spite of the flaws and messy bureaucracy, I still like EU for their policies towards environment, food, socialism, etc. And above all, EU is the single beacon of hope to keep a check on mega corps like Apple, Google, Meta, MS, etc.
- guru4consulting 2y agoOf course, I totally agree that EU has to work on their common standards to run/startup a business.. and it is likely affecting their competitiveness (along with few other factors). I should have added the context for my earlier comment. I was merely reacting to the parent's proposal "..incorporate the European states as self-governing US territories under the supervision of the federal government. And absorb NATO into DoD.." It has lot more long-term repercussions than merely standardizing the standards !! I assume he was n't serious and probably just a clickbait comment to bring attention to the issue.
- deleted 2y ago[deleted]
- buzzert 2y agoI take it that you're very pleased with the direction that Europe is going, and disagree with most of what the author of the post says then?
- zeruch 2y ago...or he doesn't believe in mutually exclusive binary options.
- 6510 2y agoMake it more EU like, more standardization. You want to learn how to start one business not learn everything all over again for each country.
- fjdjshsh 2y ago
- rhl 2y agoFirst sentence is blatantly false. Regulation of trade and commerce between member states is the foundation and raison d’être of the European Union, exactly like the interstate commerce clause for the US federal government.