Academy of European Public Law Series

ISSN 2312-2234
Key title: Academy of European Public Law series (Online)
Abbreviated key title: Acad. Eur. Public law ser. (Online)
The Academy of European Public Law Series was launched in 2009, aiming at publishing the most representative results of the work of the Academy of European Public Law graduates, produced within the framework of the Academy sessions. This series shows the quality of the work done in this academic environment and aims at encouraging an even better level of quality, as excellence is the only objective of the Academy.


No. 8

aepls8coverPetra Mária Gyöngyi, Fundamental Principles of the European Union and Judicial Reforms in New Member States: Assessing Judicial Reforms in Hungary

Recently, the adoption of the new Hungarian Constitution and subsequent legislative changes concerning the organization of the judiciary triggered a critical international echo. In particular, the accordance of the new rules for judicial organization with the fundamental European principle of rule of law was questioned. Given this background the present study assesses how the common European values enshrined in the Treaties could be translated into minimum standards to which EU Member States from Central and Eastern Europe are bound during their ongoing judicial reforms. The study discusses the possibilities of identifying common minimum standards for judicial organization by refining the liberal-democratic normative framework for judicial organization for new EU Member States and applying it to the context of Hungary. Within the analysis special attention is paid to measures affecting case management.

Petra Gyöngyi is a PhD candidate at the Legal Theory department of the School of Law of the Erasmus University in Rotterdam. Her research concerns judicial reforms in new EU Member States, in particular as concerns judicial management and specialization. The research is supervised by Prof. Dr. Fabian Amtenbrink and Dr. Elaine Mak. She holds and LL.M. in Human Rights from the Central European University in Budapest, Hungary. After obtaining her degrees, she was a trainee at the European Court of Human Rights in Strasbourg, France.


No. 7

aepls7CoverFlavio Guella, La copertura delle leggi di spesa nel contesto della costituzionalizzazione dell'equilibrio di bilancio (2013)

The research concerns the recent constitutional amendment to Art. 81 of the Italian Constitution, with specific regard to the effects of the reform on the Parliamentary acts’ funding clauses. The 2012 reform of Art. 81 both consolidates some Constitutional Court constructions on statutes’ fiscal clauses, as well as shatters some of the juridical foundations of the traditional approach to legislative financial coverage. Indeed, the historical analysis in the first part of the research underlines the synergy between the “formal” nature of the budget approved by the Parliament and the old interpretation of Art. 81, c. 4; as a consequence, the conclusions underline how much the constitutional law n. 1/2012 - introducing a “substantive” budget - indirectly could affect also the traditional approach to statutes’ financial clauses. The author holds a PhD in European and comparative legal studies and is post-doc scholar at the University of Trento, working mainly in the fields of regional law and public finance regulation.


No. 6

cover aeplsVasileios Stathopoulos, 'Les diplomates et les soldats' de l'Union européenne: Le rôle des grandes puissances dans la formulation de la politique étrangère européenne (2011)

This thesis deals, first, with the main axes of the national strategies of each of the powers that form "the triangle of security" within the framework of the ESDP. Second, the analysis focuses on the complex and unprecedented nature of the ESDP, studying the specific and unique processes prevailing during its gestation period, its birth and first stages. A series of the main hypotheses deriving from these considerations follow, whereas at the end, the author tries to reveal the state reservations and the ulterior motives of power in this strategic European project, which proves to produce a multiplying effect in the powers' service rather than a substitute to their national sovereignty.

Νο. 5

AEPLS 5 COVERBruno Carotti, La collaborazione tra Autorità Europee delle Telecomunicazioni (2011)

This thesis deals with a relatively unexplored yet area of the European Administrative Law, in particular with the telecommunications sector framework, enabling not only a comparative perspective, but also an overview at the EU level.
The thesis is divided into four chapters: "La dimensione funzionale della collaborazione", "La dimensione organizzativa della collaborazione", "La dimensione procedurale della collaborazione", and "La collaborazione nella governance europea: Limiti e prospettive". Each chapter corresponds to the different forms of collaboration between the European telecommunication authorities. In general, Dr. Carotti's thesis seeks to analyse the techniques and the instruments of Administrative Law used in the telecommunications sector on the national and the European level.

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