EUROPEAN REVIEW OF PUBLIC LAW • NEW ISSUE
Vol. CXV, G. Marković (ed.), Public Law in Bosnia and Herzegovina: Trends and Challenges

COVER EPLS CXVEuropean Public Law Series, vol. CXV, G. Marković (ed.), Public Law in Bosnia and Herzegovina: Trends and Challenges, 344 pp., 2015, ISSN: 2308-8648, ISBN: 978-618-81949-0-8

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.

 

 

 
Central and Eastern European Legal Studies 2/2014

CEELS 2 2014 coverAlbania, Greece, Lithuania, Slovakia, and Ukraine are the countries represented in the seven articles included in the second number of the year 2014 of the Central and Eastern European Legal Studies, 2/2014. The first article, coming from Albania, examines the balance between freedom of expression and protection of reputation. The former is explicitly provided in Article 10 of the ECHR whereas the latter is entailed from the Convention as a limitation to the freedom of expression. However, the European Court of Human Rights ruled several times that both are guaranteed equally, without any hierarchy between them. The second paper examines the constitutional protection of ownership in Slovakia which had occurred in society at the break from socialism to capitalism. Socialist collective ownership existed in two basic forms: State ownership and co-operative ownership. Besides these two basic forms, also small private enterprises and personal ownership of natural persons could have existed. The guaranteed of the State onwership by the legislators of the Constitution of the Slovak Republic are also presented in the article. The third article included in this CEELS number deals with the theme of the general theory of national security, which, according to the author who has analysed numerous research papers on the theme, could alternatively be labelled as natiosecuritology from the Latin 'natio' – a tribe, people; and 'logos' – a science, study, movement, while preference is given to the first title. The author maintains that the general theory of national security represents an essential element of intellectual cultures of the mankind. The next paper is devoted to the pilot friendly settlement in the European Court of Human Rights as a special category of the conciliation procedure, as well as to contemporary problems of execution of decisions of the European Court of Human Rights against Ukraine. Another article discusses the questions of whether it is appropriate to establish the age of consent and related issues in the Ukrainian legislation by analysing the relevant provisions of the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 2007 and the case law of the ECtHR. Prison-privatisation programmes, facilitated by the international economic downturn, is the subject treated in the next paper: Private prisons are examined in three different European legal systems (English, French and Greek). Finally, a paper deals with the problem of the tax advantages in Lithuanian tax law. Special attention is given to questions of the legal definition and to the analysis of the content (legal forms) of tax advantages. According to Lithuanian tax law, the main legal forms of tax advantages are: tax exemption; decrease of the tax basis; diminution of tax and application of preferential tax rate.

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Christos V. Gortsos, The Single Supervisory Mechanism (SSM) - Legal aspects of the first pillar of the European Banking Union

COVER GORTSOSChristos V. Gortsos, The Single Supervisory Mechanism (SSM) - Legal aspects of the first pillar of the European Banking Union, 432 pp., 2015, ISBN: 978-960-562-421-7

This study mainly intends to provide a comprehensive account of the provisions of the conceptually solid, but institutionally complex, framework pertaining to the European Single Supervisory Mechanism (SSM), which is the first pillar of the European Banking Union (EBU) and became operational on 4 November 2014. It is structured in seven (7) sections.

The institutional framework of the SSM forms part of the new European Banking Law, which has been (and is still being) formulated gradually since 2008 in order to address in a systematic and efficient manner the problems identified during both the recent (2007-2009) international financial crisis, and the current and ongoing euro area fiscal and debt crisis. In view of the latter, the need for a further Europeanisation of the "bank safety net" was deemed necessary, resulting in the establishment of the EBU. In this framework, the Council Regulation governing the SSM (1024/2013) confers on the European Central Bank "specific tasks" with regard to the micro-prudential supervision of credit institutions, thus converting it, in essence, to a banking supervisory authority, in addition to its monetary policy and other tasks.

This study will prove a useful tool for jurists and economists aiming at understanding in depth the functioning of the first pillar of the EBU, and in general seeking up-to-date information concerning the general directions of the European financial policy. It is also of interest to students of law, economics and political studies, who wish to deepen their knowledge of European Banking Law.

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

Vol CXIV coverPublic 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.

 

 

 
Vol. 26, no 2 (92), Summer 2014

erpl 92This ERPL issue starts by the speech presented by Jean-Paul Costa, President of the International Institute of Human Rights and former President of the European Court of Human Rights, on the occasion of his award with the "Prix de la tolérance Marcel Rudloff" in March 2014. In this speech, President Costa examines the complex notion of tolerance, which according to him is a great virtue, however not unlimited. He also maintains that one has to distinguish between the form and the substance of tolerance.

In the section of articles, there are six articles on different public law issues. The first study builds on the rereading of Weber that renders legitimization a complex process by associating legitimacy claims of different origins and intends to account for the movement by means of which arise new modes of legitimization in which the administration seeks to anchor its legitimacy directly in citizens. It is in that double perspective that the transformation of modes of consent towards administrative action and the scope of modes of treatment of regulation aiming at obtaining citizens' consent are successively analysed. The second article maintains that in a globalized world, administrative decisions concerning an individual are likely to be determined not only by legal norms originating from the national legal order but also from international institutions or other non-state actors and that the evaluation of the legitimacy of such intertwined decisions requires the detection of interfaces where contributions of different actors are endowed with binding force in another legal theory. This article gives an overview of the circumstances under which such interfaces can be formed and it develops a scheme which allows for the identification of such interfaces in the course of the coming into being of an administrative decision. 

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