EUROPEAN REVIEW OF PUBLIC LAW - Vol. 24, no 2 (84), Summer 2012 - EDITORIAL


In this ERPL issue, the reader will find first the text of the speech given by the Senior Vice President and Group General Counsel of the World Bank Group at the premises of the European Public Law Organization in May 2012 within the framework of the International Lecture "Manuel Chrysoloras". The paper deals with the concept of the rule of law in an international organisation from the perspective of the legal adviser to the World Bank as a whole, which is useful for evaluating how a large and highly visible international development institution internalises the dictates of the rule of law as a concept and how that may be a frame of reference.

Three articles follow. The first article deals with the certification and accreditation system which is a new governance and administrative mechanism increasingly used by global, regional and domestic administrations to serve regulatory goals that can be used as reference fields in the development of an international administrative Verbund. The Verbund is a compound of administrative actors, levels and networks that cooperate in the frame of global governance and its development is accompanied by the emergence of administrative phenomena such as integrated administration and societal administration. The second article presents Informal Administrative Agreements as a good example of how the Public Administration may reach agreements with citizens outside the regular channels of administrative proceedings; thus the Administration turns to cooperative action which leads to multilateral legal relations that place citizens under conditions of relevant equality with the Administration. The third article presents the main points of the reform effected by the statute no. 3852/2010, entitled "Kallikratis", which has modified the Greek system of decentralisation and of territorial self-administration and examines critically its solutions.

In the chronicles section of Constitutional Law, the representation of Cyprus is launched by a short chronicle presenting a summary of the majority opinion of the Supreme Court of Cyprus with regard to the references by the President of the Republic, who addressed the Court for its opinion on the compliance of two amending laws (Municipalities (Amendment) (No. 2) Law 2010 and Communities Law of 1991-2010, by which a distinction was drawn between mayors and presidents of Community Councils on the one hand and members of Municipal and Community Councils on the other), with certain provisions of Articles of the Constitution and the principle of separation of powers.

Another chronicle examines the developments in Italy during the period including the fall of the fourth Berlusconi Government, which were heavily influenced by the economic and financial crisis prevailing in the first months of the Monti Government. In the solution of the crisis, the role developed by the President of the Republic, Giulio Napolitano, has been conclusive.

The constitutional developments in Russia in 2011 are presented in another chronicle, which focuses mainly in the State Duma elections and the resulting necessity for a more wide participation in politics. Other constitutional developments are also presented, such as the seasonal time changing, the liberalisation of criminal law etc. as well as the Constitutional Court's practice for the wider protection of social rights and of the holder of the tool of the administrative offence.

Continuing in the section of Administrative Law chronicles, a wide range of administrative law developments in France are presented, with regard to subjects such as contract litigation, separation of Church and State, jurisdiction of civil courts, administrative justice reform etc.

The bill 32 450 which has been submitted to the Dutch Parliament in 2010 is at the centre stage of the following chronicle, which examines the major issues dealt with in the bill.

The amendments of the administrative law in Russia in 2011 are examined in the last chronicle included in the section of Administrative Law chronicles, focusing on the amedments in the field of state antimonopoly control and in the housing sphere.

Finally, a chronicle on French constitutional jurisprudence is included in this ERPL issue, after a year of interruption, thus covering essentially the years 2009 and 2010. This chronicle examines a new procedure, the "Question prioritaire de constitutionnalité", which revitalises the constitutionality review and, more generally, constitutional law, while at the same time presenting the substantial case law of the Constitutional Council.

As always, book reviews and information on major academic works and studies on public law are published in this ERPL issue.


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I. Constitutional Law / Droit constitutionnel

II. Administrative Law / Droit administratif

III. Jurisprudence




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