EUROPEAN REVIEW OF PUBLIC LAW - Vol. 24, no 3 (85), Automn 2012 - EDITORIAL


This ERPL issue opens with a section comprising the texts of the speeches given on the occasion of the Manuel Chrysoloras International Lecture, which was organised in the EPLO premises in Athens, Greece, on 21 October 2011. Within the framework of this lecture, M. Jaeger, President of the General Court of the European Union presents an article on the control by the General Court of decisions concerning the anti-competitive (or not) character of the behaviour of enterprises, which even if it is limited, is nevertheless intense and precise. The article proposes an interpretation consisting in applying this limited control only to the cases where the Commission has expressed a choice of economic policy.
I. Pelikánová, President of the 4th Chamber of the EU General Court, focuses in her presentation on the relationship between public and private law in the framework of EU law. The paper shows that legal security is limited given the fact that the Court cannot rely but on general principles of law.
In the framework of the speeches given on the occasion of the abovementioned Manuel Crysoloras Lecture, S. Papasavvas, President of Chamber, General Court of the EU, deals in his paper with the right of access to documents of the European Union and its interaction with the specific right of access to the administrative file in competition cases.
In the section of Articles, a paper is dealing with the issue of how a country can deal with the past and future after grave transitions in its social and constitutional conditions using two different approaches: application of Criminal Justice and application of "Constructive Justice", namely consolation, reconciliation, remorse. Another article focuses on the institutional aspects of the financial crisis in Europe by first revealing the reasons of political default, then by setting out the political and social impact of the economic default on European cohesion. It finally states that the current depression is both a disaster and an opportunity for Europe.
Continuing with the chronicles section regarding important constitutional law developments in the national legal order, the current issue publishes a chronicle about the various changes in the Austrian federal constitutional law, which are thoroughly examined. Another chronicle analyses rights of parliamentary opposition in Slovakia between 1994 and 2012, a period that includes five complete legislative terms. There is also a chronicle devoted to the constitutional developments in Ukraine occurred in 2011, focusing on the presentation of tasks, functions and importance of the newly established authority on the elaboration of amendments to the Constitution, namely the Constitutional Assembly.
Moving to the specific area of administrative law, a chronicle concerns the developments in Austrian administrative law and more in particular in areas such as the financial policy, which has been dominated by the developments in the international financial markets, the environmental law, the public health and social law, and other important areas stating that in all areas of public law there have been continuous efforts to improve international cooperation between administrative bodies. In the field of Belgian administrative law, two important decisions of the Belgian Constitutional Court are examined: one of them concerns the constitutionality of independent administrative authorities; the other the power to modulate the effects in time of the annulments pronounced by the Council of State against regulatory acts. This issue publishes also a chronicle dealing with legal acts enacted in Portugal during the course of 2012, the great majority of which being largely influenced by the Financial Assistance Program and by the economic constraints and recession faced in 2011 and 2012. Finally, in the area of administrative law, the most important amendments in this field in the Slovak Republic are presented in a chronicle focusing on the amendments in the area of owning and using firearms while reflecting the tragedy in Bratislava. Other laws, dealing with the necessity to amend the Act on Universities or the electronisation of administration in Slovakia are presented. In addition, the decision of the Slovak Supreme Court on the obligation to order and call a public hearing before the administrative body in administrative proceedings is analysed.
The section of chronicles closes with the presentation of a number of important developments in the jurisprudence of the Court of Justice of the EU that focuses on the citizen as the common thread of the various cases under examination. These cases cover of course major issues related to the European citizenship itself and to some of its main aspects, like the access to justice.
Reviews of books from recent important publications are covered in every ERPL issue. In this issue, the section presents reviews of books that are published in Austria and Ukraine. There is also information on books from recent catalogues of various publishers.
Once again, the current issue analyses and gives valuable information on the development of public law in Europe, which is increasingly influenced by the political and financial crises.

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I. Constitutional Law / Droit constitutionnel

II. Administrative Law / Droit administratif

II. Jurisprudence


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