Vol. 28, no 1 (99), Spring 2016

Cover ERPL 99In this issue of the ERPL are published the proceedings of the annual conference of the EGPL organised from the 11th to the 13th of September 2015 on the island of Spetses (Greece), on the subject "The New European Economic Governance".

Under the heading "General Introduction: The Powers of the Union in the European Econonomic Governance: New Transfers of Sovereignty", the first paper claims that European integration is facing one of the most difficult, but at the same time, challenging periods of its life, the European crisis not yet having been overcome and the new Asian crisis approaching. The report aims to point out and stimulate the debate on issues strictly related to the "monetary governance" of the European Union. It illustrates the most important issues concerning the European Monetary Union and the establishment of the European Central Bank. In order to discuss the problem of whether a political union is advisable or even necessary, the European experience is compared with the origings of central banking of two "integrating" countries (the United States and Italy). The second paper under this heading argues there is a major concern among the Member States and within the Union itself, that the survival of the monetary union is dependent on the further development of unitary structures, which means: more integration. It looks at the constitutional questions of the last major prospective plan in this respect, the "Report of the five presidents of the Union", which deals with further developments in the economic, financial, fiscal and political Union, and it tries to highlight some pivotal questions that have to be answered before such a plan can be driven forward.

The next heading is titled "The European Banking Governance". According to the first paper under this heading, several legal acts have been adopted by EU financial regulators, which reshaped the regulatory and supervisory framework pertaining to the EU banking system. The main by-product of this response was the establishment of the European Banking Union and, in particular, of the Single Supervisory Mechanism, the Single Resolution Mechanism and the Single Resolution Fund. These three components should be considered in unison, given that shared liability for bank resolutions requires centralized supervisory oversight. The next paper under this heading claims the Single Supervisory Mechanism is a major development in the area of Economic and Monetary Policy, as it is entrusted with the prudential supervision of European credit institutions and confers very significant powers on the European Central Bank, including coercive and investigatory powers. Due to those powers, a system of checks and balances has been introduced, in which the European Parliament and the Court of Justice of the European Union play a significant part.

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Vol. 27, no 3 (97), Autumn 2015

COVER ERPL 97This ERPL issue starts with an article showing the importance of a measure of state intervention in the market arena to induce sustainable development, amidst the recent economic-financial and environmental crises. The conditions are presented for a regulation compatible with the Constitution, especially to correct market and government failures. The next article views 'security in the balance' in the context of state surveillance measures post-9/11 and conceptualizes it in the 'war on terror' model as opposed to the 'law enforcement' model. As many states seem to have valued security higher than others, the focus is placed on courts, rather than parliaments, as forums of such choices, especially the European Court of Human Rights and the US Supreme Court. This article concludes that European judges, compared to their American counterparts, have proved to be less deferential to the goverment prerogatives in security matters. In the next article, it is claimed that the Stability and Growth Pact (SGP) sets rigid budgetary frameworks to EU Member States, within which the latter must ensure local authorities adequate financing for their statutory responsibilities as required by the financing principle. It is stated that the financing principle can be interpreted as meaning that the public sector cannot take on more tasks than it can afford, which means that the SGP and the financing principle are not in conflict with each other but rather complement each other. The fourth article on the European Single Supervisory Mechanism focuses on the European Central Bank (ECB), which has been entrusted with prudential supervision of the most important credit institutions of the Eurozone, a process that raises controversial issues. It is concluded that close cooperation between European and national authorities will be essential to ensure the smooth functioning of a very complex supervision system and that the provision of an internal administrative review of the ECB supervisory decisions may play a significant role in protecting stakeholders.

In the section of chronicles on Constitutional Law, the first one deals with the Slovak experience in the semi-presidential system as introduced by the 1999 Amendment to the Constitution. The first part explains the origins of semi-presidentialism in Slovakia and examines the constitutional powers of the President, while the second part analyzes two recent cases of the use of the power of appointment by President I. Gašparovič.

The second chronicle maintains that the "Revolution of dignity" was the starting point of a new stage of constitutional changes in Ukraine, including the adoption of legislation by the "revolutionary wave". The constitutional process was aimed at legal regulation of the new political reality that followed the revolutionary events. The main provisions of this legislation are examined along with developments resulting from the presidential, parliamentary and local elections held in Ukraine in 2014, such as the launching of the procedure for the revision of the Constitution of Ukraine concerning the decentralization of power.

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Vol. 27, no 2 (96), Spring 2015

ERPL96CoverThis volume of the ERPL starts with an article dealing with the reconsideration of public intervention in the financial sphere in connection with the concept of financial exclusion. The national banks of EU Member States, pursuant to Directive 2014/92/EU, will be obliged to offer payment accounts with basic features, which creates the right to open such a payment account, while some precautions are taken in relation to money-laundering. Finally, it is considered whether the banking activity should be understood as an economic service of general interest. The second article claims Public Financial Management has its roots in public policy, economics, law, political science, business studies and is widely considered to be a political and institutional rather than a purely technical and accounting process. Well-structured Public Financial Management systems may certainly help address the challenges of the current global financial crisis and also facilitate the ongoing fiscal adjustment process. In the third article, it is argued that the government and administration of central and local levels are put through difficult trials as far as their financial situation is concerned. Local administration may improve effectiveness and efficiency of budget-keeping by applying modern methods of New Public Management and good Regulatory Impact Assessment. It is the mandate of the legislator to set the frame for autonomous, vital and creative local governments and to empower them - including the provision of financial resources - to master the problems of their citizens. In the next article, it is maintained that Italy has been the first nation worldwide which has imposed the protection of the cultural heritage and of the landscape as a fundamental principle of the Constitution, but planning has always been deficient and therefore the State introduced, starting from the year 2010, a binding opinion on landscape authorization. The conclusions of the article announce the existence of a genuine landscape law. In the fifth article, it is noticed that an increasing number of constitutions contain "unamendable provisions" in order to protect essential characteristics of the constitutional order or principles perceived as being at risk of repeal via the democratic process. The paper studies the text of unamendable provisions in 735 former and current written national constitutions and argues that the limitations are utilized to preserve a core of a nation's constitutional identity, thus comprising its "genetic code". Finally, the sixth article raises the question of the autonomy of the concept of sanction in substantive law, argues that the concept of sanction is making its presence tangible in the jurisprudence of the European Court of Human Rights, while it is also claiming the concept's autonomy in everything we can characterize as the European law enforcement universe.

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European Politeia 2 2015

Cover-Editorial EurPol 2 2015In the second volume of European Politeia for 2015, the focus is once again on the enduring Greek debt crisis, which has been exacerbated by an unconsidered implementation of austerity measures combined with failed efforts to alleviate burdens of state and society and with a political instability that further hinders any idea of investment in the Greek economy. The volume addresses particular aspects of legal, economic and political practice while tackling broader issues likely to shed light on underlying factors of the crisis as a prerequisite of any effective remedy. In the process, we get a better understanding of the European governance under which we are bound to live.

The first issue of this Journal contained two accounts which systematically surveyed the avalanche of the economic and legislative measures which were taken in the context of the EFSF assistance programme for Greece. As previously announced, the section "Praxis" of the present issue of the Journal contains an account which illustrates the reaction of the judiciary to such measures. Theodora Ziamou, Judge at the Greek Council of State, presents a short overview of the "crisis jurisprudence" of the Greek Council of State aiming particularly at setting out the extent of the judicial application of constitutional principles in times of crisis - a crisis that is not only a crisis of the economy, but also a crisis of the law and of the legal institutions known so far (Controlling the Legislator's Intent in the "Crisis Jurisprudence" of the Greek Council of State). Apart from that, the issue at hand features contributions spanning a diverse range of legal and political questions with a special focus on the Greek crisis and its effects. Professor emeritus Nikos Scandamis (Qu'en est-il de la démocratie face au néo-libéralisme? La dette souveraine en termes de gouvernance européenne) presents the ways in which the Greek case illustrates the interaction of the parliamentary democracy of the Member States and the democracy between States on a transnational level, particularly between the States that comprise the Eurozone. Manolis Perakis (The Passive Form of Judicial Activism: Judicial Self-restraint while Balancing Fundamental Rights and Public Interest in the Age of Economic Crisis) and George Karavokyris (Constitution and Necessity in Times of Crisis: An Alternative Way of Understanding the Complicated Relation between Law and Politics) both focus on the stance of the national and international judiciary towards the question of infringement of fundamental rights by the governmental austerity measures during the Greek crisis under the light of the similar concepts of "state of emergency" and "necessity", thereby addressing the issue of the relation between politics/ governance and the law. Katerina Pantazatou and Michail Rodopoulos' joint article (A "Typus" as an Appropriate Legal Tool for the Interpretation of the "No Bail-out" Clause: The 'Private Investor Principle') presents the academic debate on the interpretation of Article 125 TFEU both from the standpoint of the CJEU and that of the Bundesverfassungsgericht. Georgios Poulakos (Quelle autonomie fiscale pour la zone euro?) addresses the enhancement of a legal frame of fiscal consolidation after the adoption of the "Two Pack" (Regulations 472/2013 and 473/2013) taking a critical approach to various attempts undertaken to determine a model of conduct for Member States, related to both their power to design national tax legislation and their right to levy funds by recourse to loans.

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CEELS 2 2015

Cover-CEELS-2-2015Lithuania, Albania, Armenia, Ukraine, Slovakia and Georgia are among the countries represented in the second issue of the Central and Eastern European Legal Studies of the year 2015. The first article is a study on the Accession Process to the European Union in four countries of the Western Balkans: Croatia, Bosnia and Herzegovina, FYROM and Kosovo. Croatia is a member of the EU since 2013, after having succesfully implemented the Copenhagen Criteria, while the three other states are on their way to the EU, with different time horizons. The purpose of the second article is to analyze the features of political parties in the Republic of Lithuania, the procedures of establishment, registration and termination of political parties, and the legal guarantees of activities of political parties. Special attention is given to the legal regulation of financing and control of financial activities of political parties. The third article is about the rethinking of parenting, taking place thanks to the advent of technology that now allows the control of forms and time of birth with techniques of assisted medical reproduction or artificial insemination. The paper proposes a quick study of the historical and cultural reasons that led to this change, which in addition to legal consequences, leads to a real anthropological change in the conception and in the approach of a child. In the fourth article, it is attempted to provide brief answers to some international legal issues concerning the Armenian Genocide. In particular, issues such as whether the Armenian Genocide was a crime under international law, Turkey's responsibility for the committed crime and the opportunity to appeal to the International Court of Justice are examined. The fifth article considers the events that took place in Ukraine and especially in Crimea in February and March 2014 that led to the annexation of Crimea by Russia. The purpose of this article is to determine whether Russia's intervention in Crimea was in compliance with international law. In the sixth article, the author comes to the conclusion of the necessity of incuding the concept of the drug industry in the Criminal Code of the Republic of Armenia as a separate crime, that will give the society, through law-enforcement organs, a possibility to implement in full measure an effective fight against this type of illegal and profitable business. The seventh article focuses on the problem of crime counteraction policy on the ground of modern criminal activity nature in Ukraine. Crime is viewed as a relatively rational, but destructive form of adaptation to the social and economic disparities. It is necessary to shift from combatting crimes to reducing the functionality of deviant social behavior. The eighth article claims that the ECJ has on several occasions confirmed that contracts between contracting authorities cannot be automatically presumed to fall outside the application of EU public procurement law. The rules for the application of in-house exceptions formulated by ECJ were codified in Article 12 of Directive 2014/24/EU on public procurement. The criteria for a public contract to fall outside the scope of public procurement rules are: sufficient control criterion, activity criterion and no private capital criterion. In the ninth article, the author analyzes the methods of public and contractual regulation in the field of labor law in the modern times of menage. It is maintained that the increased role of the contractual adjustment is related to the development of social partnership in Ukraine, the aim of which is the peaceful settlement of the interests of legal subjects, the search of compromise in taking decisions on collective labor disputes, the provision of a social world and a harmonious society. The final article refers to one of the inchoate crime problems, particularly, to the distinction between criminal attempt and mere preparation and general punishment of mere preparation. All mentioned legal issues are analyzed towards Herzog's case, which clearly introduces the paper's supportive approach towards criminalization of general preparation.

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