SPECIAL EDITION

European Public Law Series
 
The European Public Law Series created in 1998 by and in the light of the European Review of Public Law, on the occasion of its 10th anniversary, and in association with the European Public Law Center (now European Public Law Organization), is constituted of a series of books, monographs and essays purporting to contribute, through research or reflection thereby taking place, to the creation of a European public law - in particular through the systematic study of the different aspects of national legal systems in the Member States of the European Union, in the European Union itself, as well as of their evolution and their convergence.

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Volume CXVI

Vol. CXVI, New Challenges to Democracy / Nouveaux défis à la démocratie

COVER EPLS CXVI
In this volume, are published the proceedings of the annual Conference of the EGPL organised from the 12th to the 14th of September 2014, on the subject "New Challenges to Democracy". Many prominent law scholars and legal personalities from all over Europe and the world participated in this Conference and contributed to the dialogue on the theme.

Under the heading "General Introduction: Judicial and Political Power - Where is the Dividing Line?", first a paper considers the role of judges which has been expanding worldwide, even on constitutional and political issues and concludes that the judges should use their wide powers with a wise moderation. Under this same heading, a second paper examines the growing power of judges, which influences the concept and organisation of the separation of powers and concludes that it is through the requirement of impartiality as a point of departure that the relationships between politics and justice can be redefined.

Another heading is dealing with the theme of Constitutional Imperatives, that is Transparency, Participation and Legal Certainty. The first paper under this heading maintains that democracy requires maximal transparency of 'public information' while, on the contrary, limiting transparency of 'personal information'. The digital era generates threats for democracy and the Rule of Law and therefore there is a need for an adequate protective legal framework and for the main legal protagonists to face the new informational and societal challenges. Dealing with the same theme of Constitutional Imperatives, another paper examines the useful effects but also the dark side of transparency, participation and legal certainty, which are fundamental cornerstones of a civil-rights based, procedural vision of administrative action. Under this heading, an Intervention also presented at the Conference follows, which provides an overview of a discussion on democratic legitimacy and accountability in the EU's economic governance that has been engaged since 2012 between EU institutions and Member States and distinguishes five successive strands and stages of debate: proposing general designs for a 'genuine EMU', the enquiry on the 'Troika', the Expert Group on joint issuance of public debt, the judicial dialogue between the Bundesverfassungsgericht and the European Court of Justice on ECB action, and the politicisation of the Commission through the 'Spitzenkandidaten'.

Under the heading "Does More Law Mean Less Democracy?", a paper discusses the gradual developments regarding the integration process of the EU and, in that connection, the democratic character of the EU decision-making and draws conclusions as to the perspectives of further integration in Europe as well as the degree of democracy, efficiency and effectiveness of the EU decision-making process.

National reports follow this heading, coming from Albania, Armenia, Cyprus, Denmark (two reports), Georgia, Greece, Poland, Portugal, Serbia, Slovakia, Turkey and Ukraine. The authors of the national reports based their contributions on a questionnaire on "New Challenges to Democracy" divided in three sections. The questionnaire is included in this EPLS volume.

A Case Study uses the national reports as a basis on which the new challenges to democracy can be discussed in a practical and realistic manner and presents the overall impression in a brief manner, a more detailed analysis having already been provided by the individual reports.

The Conclusions maintain that democratic government cannot deliver freedom and fairness on its own. The judges are the guardians of three essential standards: reason, fairness and the presumption of liberty and their authority depends only on the quality of their reasoning. They must exercise restraint in human rights issues but they also must be robust in ascertaining and defining the constitutional authority of the European Union.

Last but not least, in this EPLS volume, the speeches presented on the occasion of the Laudationes to Professors Gérard Timsit (speeches presented by J.-P. Costa, S. Ktistaki, Sir John Laws, A. Masucci, E. Spiliotopoulos and Acknowledgements by Prof. Gérard Timsit), to Prof. J.M. Sérvulo Correia (speeches presented by D. Duarte, G. Anthony, J.-B. Auby and Acknowledgements by Prof. J.M. Sérvulo Correia) and to Prof. E. Schmidt-Assmann (speeches presented by H.-H. Trute, A. Pantelis and E. Prevedourou), are included.


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Volume CXV

Vol. CXV, G. Marković (ed.), Public Law in Bosnia and Herzegovina: Trends and Challenges

COVER EPLS CXV

The European Public Law Organization (EPLO) and the University of East Sarajevo (more precisely its Faculty of Law) decided to publish this collection of papers on public law in Bosnia and Herzegovina as a continuation of the efforts of the EPLO to present to the European scientific and academic community public law systems of different countries.

This book Public Law in Bosnia and Herzegovina: Trends and Challenges contains the works of professors and teaching assistants of the Faculty of Law, University of East Sarajevo as well as of professors from other universities in Bosnia and Herzegovina, who have presented various aspects of and opinions on the systems of public law in Bosnia and Herzegovina. The intention of the publishers of the book is to present basic features of public law in Bosnia and Herzegovina to European readers, especially to academicians. We believe that it is not just of scientific importance for those who explore different legal systems but also that the Bosnian-Herzegovinian public law system can offer some interesting solutions.

Goran Marković is assistant professor of Constitutional Law at the Faculty of Law, University of East Sarajevo. Since 2011 he has been Vice Dean for Scientific Research at his faculty. He is a member of the Board of Directors of the European Public Law Organization (EPLO), as a representative of the University of East Sarajevo, and a member of the International Institute for Self-Management. He is a member of the Editorial Board of the Yearbook of the Faculty of Law in East Sarajevo as well as a member of the Editorial Board of the Journal of Contemporary Central and Eastern Europe, based in London.


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Volume CXIV

Vol. CXIV, Thomas Gross (ed), Public Participation in Infrastructure Planning - Comparative Analysis of 10 European Countries

Vol CXIV cover

Public participation in planning procedures is a topic of political debate in many European countries. Although there is some common ground in the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, known as Aarhus Convention, and in the EU Environmental Impact Assessment (EIA) Directive, the national rules on participation are quite divergent and often difficult to find.

This book provides a collection of national reports covering ten European countries (the six largest Member States of the EU and four other countries with particular legal traditions: Austria, France, Germany, Italy, The Netherlands, Poland, Spain, Sweden, Switzerland, United Kingdom) and a comparative analysis of the similarities and differences in the respective legal orders.

In order to find a compromise between the respect for the national roots of all legal orders and the accessibility of the collected information, the three major languages in the EU, English, German and French were chosen. Therefore only half of the contributors had to write in a foreign language. All national reports include an abstract in English and further references.

Thomas Gross studied law in Tübingen, Geneva and Heidelberg, where he received his doctorate and habilitation. After being professor in Giessen and Frankfurt/Main, he is now professor of public law, European law and comparative law in the European Legal Studies Institute of the University Osnabrück. He is a member of the European Group of Public Law since 1999.


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Volume CXIII

Vol. CXIII, Theodoros Fouskas / Vassileios Tsevrenis, Contemporary Immigration in Greece

This book:vol cxiii

• Offers insights on immigration in Greece and Southern Europe highlighting its growing relevance for the worldwide discussion on migration and immigration policies
• Combines policy, law, and qualitative and quantitative research, with theory
• Develops arguments in relevance to the history and contemporary politics of immigration in Greece
• Provides motivation and guide for future research in the area of immigration
• Consists of interdisciplinary, international authorship

This book examines the immigration phenomenon which constitutes a major concern to modern societies like Greece. It is directly associated with a multitude of parameters affecting the reception societies, their institutions, and immigrants' distinctiveness and particularities. Greece has developed, from a once sending country of immigrants who moved in the first half of the 20th century to overseas countries and during the post-war period to Western European countries after the fall of their respective regimes, to a receiving country of immigrants. For the very first time, Greek society had to deal with immense immigrant flows from the neighbouring Balkan countries, the Republics of the former Soviet Union as well as considerable numbers of immigrants from African, Middle East and Asian countries.

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