EUROPEAN REVIEW OF PUBLIC LAW • NEW ISSUE
CEELS 1 2015

Cover-CEELS1-2015

There are nine articles in the first issue of the Central and Eastern European Legal Studies for the year 2015 coming from Ukraine, Austria, Germany, Turkey, Slovakia, Latvia, Georgia and Lithuania. The first article is devoted to the issues of formation of limited government in a sovereign Ukraine. The analysis of its experience confirms that the existence of democratic institutions and procedures is not sufficient safeguard against the usurpation of power. Attention is focused on the importance of formation of the constitutional system of limited government in Ukraine based on the European model. The second article is about how generating a thorough and trusted status of information is a priority for effective and coordinated disaster management and relief measures delivered by GOs and NGOs in the surroundings of a critical event. The QuOIMA-project, funded by the Austrian Ministry of Transport, Innovation and Technology, focuses on the various possibilities to use publicly available, open source data generated in the sphere of traditional and social media. One of those means is the new and emerging crowd tasking approach, a promising and high potential area for the involvement of community members. The third article is a study of the constitutional and statutory law-provisions as well as the Rules of Procedure of the Constitutional Court of Kosovo, one of the youngest Constitutional Courts in Europe, which reflects the standards of most such modern institutions. The purpose of the fourth article is to introduce the long constitutional solution-seeking period of Turkey by referring to historical, legal and political developments, and to evaluate the constitution-making process after the parliamentary elections in 2011. The fifth article, coming from Slovakia, argues that the addressees of legal norms have a legitimate right to expect that any restrictions on their fundamental rights through the legislation are the result of broad discourse in which all of the participants had been given the opportunity to familiarize themselves with the matter under consideration and to present their informed opinion. In the sixth article, the author explains the theory of the fundamental rights in the Republic of Latvia, the content and basic rules of locus standi to be observed in order to submit to the Constitutional Court a special type of petition - the constitutional complaint. By examining several conclusions, which follow from the case law of the Constitutional Court, the author attributes particular importance to the decisions with ex tunc effect proving that these allow considering the constitutional complaint as a real weapon against the state and unconstitutional laws. The seventh article aims to highlight political and legal issues and media campaigns relevant to the referendum on the so-called traditional family held in Slovakia in 2015, which was deemed invalid because of insufficient turnout. The penultimate article is a broad comparative analysis in the field of rule of law that draws on a wide array of case law from various Central, East and Southeast European Constitutional Courts. It illustrates that those are far more than guardians of national constitutions, but actors in the European Integration process of their countries. The final article deals with the problem of implementation of the principle of long-term budget revenues planning in the Republic of Lithuania. It analyzes the legal definition and the essence of short-term and long-term budget revenues planning and the reasons for transition to long-term revenues planning.

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Vol. 27, no 1 (95), Spring 2015

COVER ERPL 95In this issue, 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'.

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Vol. 26, no 4 (94), Autumn 2014

erpl94

This ERPL issue starts by the speech presented by José Manuel Sérvulo Correia, Professor Emeritus at the Faculty of Law of the University of Lisbon, on the occasion of the ceremony of attribution to Professor Sérvulo Correia of the title of Doctor honoris causa of the National and Capodistrian University of Athens.

In the section of articles, there are five articles treating topical public law issues. The first study describes the current role of the European Court of Auditors in the context of audit on public finances of the States and of the European legal system. The connections between the ECA and the national Supreme Audit Institutions in the light of the Contact Committee's Intervention and the extension of the role of the ECA in the framework of the economic and financial crisis are particularly examined. The second article analyzes the problem of conflicts between national res judicata and an external body of rules (at international or supranational level, within the EU and ECHR systems), focusing more in particular on the different approaches to the solution that are connected to the principles recognizing Member States' procedural autonomy (EU system) and margin of appreciation (ECHR system) and on the similar consequences in terms of the role of the judiciary in the harmonizing process. The principle of institutional balance is examined in the third article in this ERPL issue, which maintains that this principle which has been used by the Court of Justice since the beginning of the European construction, could be used in a more systematic way as it is a key to understanding the institutional system of the Union and its evolutions and it can apply to all new issues originating from the Lisbon Treaty, such as the delimitation between legislative acts, delegated acts and implementing acts. The fourth article provides an evaluation of the legislation, case law and the aftermath of duress that vulnerable asylum applicants experience until their stay has been regularized. The relevant policy in the UK, focusing more on minors, is examined in this article. Last but not least, the final article in this ERPL issue analyzes the basic features of the fundamental rights system of the Greek legal order from four diverse and yet interconnected standpoints: in the framework of the Greek constitutional history; from the standpoint of the influence of International Law, the ECHR and European Union Law; through the presentation of the functions and legal sources for the protection of fundamental rights along with a case study of the mostly litigated in Greece constitutional rights; and the consideration of the system of judicial review in Greece as a guarantor for the application of constitutional and human rights.

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Vol. 26, no 3 (93), Autumn 2014

COVER ERPL 93This ERPL issue starts by an article on social rights and sets out the objectives that have to be attained: the search for real equality; the access to social services assured to all individuals and not only to citizens; universality assured through planning; provision of services taking into consideration the technical and other useful characteristics in order to satisfy the cultural needs of the individuals; and composition of the system by public and private institutions. The importance of autonomy and subsidiarity is underlined in order for the national and local interests to be interrelated. The second article, by way of comparison of the Greek and British systems, tries to evaluate the effectiveness of the Fixed-term Parliaments Act, which was passed in 2011 by the UK Parliament as a response to the abusive recourse to dissolution. The article finally proposes transplanting the Act into the Greek constitutional system in order to limit the actual powers of the Prime Minister and thus devise new checks over the executive power appropriate for the new political reality of coalition governments. The third article looks at the Federal Republic of Germany in comparison with other federations in view of the basic federal idea and the distribution of competences and powers between federation and Länder. The constitutional arrangements for financing federal and Länder levels are explained in detail and a current issue is finally raised: the German Finance Constitution in need of reform. The principle of transparency in EU law is the theme treated in the last article included in this ERPL issue: the principle of transparency obliges public authorities to provide accessible, accurate and comprehensible information, but the concrete obligations derived from the principle vary significantly with regard to whom information should be communicated to, the specific information concerned, and when access should be provided. The reasons behind a given obligation and the manner in which transparency contributes to the realisation of legally recognised goals will determine the answer to these questions.

In the section of chronicles on Constitutional Law, the chronicle coming from Austria discusses the "project of the century": the introduction of administrative courts at first instance on Federal and Länder level, which came into force on January 1, 2014. With the strengthening of the judicial review system by introducing a so-called "law complaint", this change will also be complemented in constitutional court proceedings. With the multi-level debate on reform regarding the expansion of direct democracy instruments as well as the introduction of a new fundamental right of freedom, the Austrian constitutional law remained very animated.

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

COVER EPLS CXVIEuropean Public Law Series, vol. CXVI, New Challenges to Democracy / Nouveaux défis à la démocratie, 652 pp., 2015, ISSN: 2308-8648, ISBN: 978-618-81949-1-5

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'.

 

 
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