Sebastian Meyer on the responsible state, the ‘good life’ and 'Der Zauberberg'
UUCePP researchers introduce themselves in brief interviews conducted by Elisabetta Manunza and Fredo Schotanus. What kind of mind-set is needed to carry out ground-breaking research as we do at UUCePP?
'Who' and 'what' are you? My name is Sebastian Meyer, a senior researcher, expert in European Union (EU) law, especially in constitutional and institutional questions. I joined UUCePP in October 2024 after several years of affiliation with Utrecht Law School’s Centre for Regulation and Enforcement in Europe. Originally from Germany, I studied European Law in Maastricht and Leiden. For my PhD research, I moved to Basel, Switzerland, where I became affiliated with the interdisciplinary Institute for European Global Studies. There I learned how enriching it can be to approach law, and the EU as such, from an external, critical point of view. This is one of the reasons why I feel welcome at UUCePP. After all, public procurement law can only be understood and critically discussed in the context of other disciplines.
My main research interest concerns how EU membership affects sovereign statehood. Many cross-border challenges require action within the EU legal order, whereas democratic government under the rule of law is still more fully realised in the distinct nation states. In my dissertation, which will be published as a monograph in late 2024, I examined what it means to be a ‘responsible’ EU Member State as regards the common challenge of migration management. Migration management concerns fundamental political questions, crossing the boundaries of legal sub-fields (asylum, migration, border protection) and of legal systems. It is therefore crucial that laws and policies are designed and implemented in line with overarching values and principles, as elaborated upon by political and judicial institutions. Likewise, in a forthcoming book I co-edited, we argue that the admission and integration of refugees are interconnected, in the sense that the well-being of refugees and host societies will be served best if refugees’ integration prospects are considered as early as possible in the admission process.
Although public procurement law is a different legal field, it is worth approaching it in a similar way. At UUCePP, we insist that public procurement law is key to attaining desirable political and societal ends, in accordance with fundamental legal principles like the rule of law. In this sense, public procurement law is ‘constitutionalised’ and thus part of the (European) legal system.
Defence procurement is a fascinating sub-field because it shows the different responsibilities of the European nation states. On the one hand, governments have a constitutional obligation to protect – first and foremost – their own citizens, which is acknowledged by the new Dutch Government, for example. On the other hand, doing so requires not only European cooperation, but especially nowadays the need to increase the national and European ‘ammunition’ for which public procurement law is an indispensable instrument. My constitutional EU law expertise can aid in addressing such tensions, in building a better public procurement system across legal orders and it can aid in finding new legal solutions how to procure in a smooth but just way. In the following months I will work in close collaboration with UUCePP colleagues Elisabetta Manunza, Nathan Meershoek, Bram Vroege and Niels Wittenberg on how to safeguard national security, increase strategic autonomy while fostering innovation in defence procurement.
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A view from the mountains literally broadens your perspective
What are you working on, and why? As mentioned, I am working in the field of defence procurement, with a focus on developing legal innovations and on ‘connecting’ existing knowledge (building on our UUCePP expertise) and – by doing so – seeking to provide ‘new-old’ solutions to foster sustainable transitions in the field of defence and security. In the present geopolitical context, it is crucial to have the legal preconditions in place that enable defence procurement which is both rapid and efficient as well as in line with national and European constitutional values and principles. In this regard, the so-called ‘ecosystems’ as desired by the Dutch ministry of Defence are an interesting example. By collaborating with the national defence industry, the Dutch Government aims to guarantee that equipment and personnel are available in crisis situations, while also stimulating long-term strategic innovations, for instance in drones and other unmanned weapon systems. According to a recent UUCePP report, it is legally allowed to exempt such ‘ecosystems’ from the scope of EU public procurement obligations. However, this does not relieve the Netherlands from its European responsibilities in a broader sense. Indeed, the Dutch authorities also want to ensure that future domestic capabilities combine or are interoperable with those of other Member States, so as to increase European strategic autonomy.
This example illustrates that public procurement challenges in this area are worth exploring from a constitutional point of view. At least, this is what I would like to demonstrate with my research. There is, in the first place, a theoretical and methodological aspect insofar as public procurement law is not only a system of legal norms, but also a tool to acquire capabilities and to stimulate innovations in collaboration with market actors. Fascinating avenues for constitutional inquiries arise from possible tensions between legal norms, the need for (rapid) action, innovation, and the dependence on non-state actors. In the second place, I hope to build a new awareness among practitioners on how to navigate such constitutional tensions. Hence, I look forward to collaborating with the Dutch Ministry of Defence to make sure that our findings will benefit the procurement practice in the Netherlands, thereby contributing to national security.
Our world seems to be in a continuous state of various crises: can you indicate for one (or possibly several) of these crises how this affects your research? If we approach the various crises of the last 10 to 15 years more fundamentally, then I find it appropriate to speak of a crisis of liberalism in all its dimensions: political, economic and cultural. We might be at the verge of what some call a ‘postliberal’ order which tries to set itself apart from liberalism by insisting on communal well-being, moral values and virtues. Defence procurement illustrates that shift insofar as public authorities are attributing more weight to security interests in the current geopolitical environment, at the expense of purely economic considerations. I believe this has consequences for legal scholarship. Instead of defending (economic) rights as a matter of course, legal scholars should examine how rights relate to public goods and how conflicting interests should be balanced. UUCePP scholars and researchers affiliated with the IOS Platform The Transactional States as an Institution for Good already started on these challenges and I am happy to have the opportunity to add my insights and research findings to this scientific discourse.
Name your greatest ambition or your best dream (or both)?Similar to my research interest in what ‘responsible’ EU Member States should do, I am more in general interested in questions about the ‘good life’. As a legal academic, I am for example wondering how the current emphasis on ‘societal impact’ relates to the traditional purpose of universities to generate knowledge. Likewise, what kind of legal professionals are we supposed to educate nowadays? Instead of pretending to answer such questions once and for all, one of my greatest ambitions is to keep on searching for (provisional) answers and their (timeless) moral grounds.
Name the book/movie/thinker that impressed you the most, shaped you, would like to read or see you 100 more times and why?One of the most impressive books I have ever read is The Magic Mountain by Thomas Mann (1924), even though I will not read it 100 more times because it requires slow reading to get to grips with the language and the subtle irony. My favourite parts are those in which the main character Hans Castorp is influenced by the clash between Settembrini, who embodies the ideals of the Enlightenment, and the reactionary Naphta.
A book like this shapes me in the sense that it reminds me of the importance of being open to different ideas and world views, especially as a researcher. Instead of finding arguments for conclusions I have already had, I try to call into question established (hidden) assumptions, including my own. In this regard, I also think that we should help students and young researchers to develop an open, autonomous and critical attitude, just as the ‘teachers’ in The Magic Mountain tried in relation to Hans Castorp.