EUROPEAN REVIEW OF PUBLIC LAW - Vol. 23, no 3 (81), Automn 2011 - EDITORIAL


This ERPL issue opens with an article about the opinion of AG Villalón in the Elchinov Case questioning the applicable practice that a lower, rather than a higher, national court should address preliminary questions to the EU Court. Another article discusses the effect that the case-law of the ECtHR has on the legal system of Portugal. The control mechanism of public expenditure in Greece is another particularly timely article in which the suitability and effectiveness of the current practices are explained and assessed.

Continuing with the chronicles section regarding important public law developments in the national legal order, the current issue publishes a chronicle about the functioning of State powers in Belgium during the prolonged period in which the State did not have a government. There is also a chronicle that provides an evaluation of the Slovak judiciary in the last ten years, focusing on the latest developments within the judiciary, its relations with the executive power and the views expressed by the general public and the media. Another contribution is that concerning the constitutional reform process in Turkey since the adoption of the 1982 Constitution which has so far been amended sixteen times. Emphasis is given to the latest attempts by the ruling party, the AKP, to reform the Constitution, while ulterior motives are noted and wider implications are discussed. Constitutional reform by the works of Parliament and the Constitutional Court in Ukraine is also covered in this section. The chronicle discusses how the reform of State bodies has progressed since the latest political crisis, which has spread to the financial domain, and the growing pressure that has been exercised by public protests.

Moving to the specific area of administrative law, this issue publishes a chronicle in German about the changes in the administrative legal system in Austria in response to the financial crisis, including legislation in areas such as the economy, social law, health and the environment, tax evasion, fraud, financing of terrorism, money laundering, etc. There is also another contribution discussing a number of major economic and administrative measures that have been enacted in Portugal in response to the Memorandum of Understanding between the government and the IMF, the ECB and the EU Commission, the results of which have yet to be evaluated. An analytical presentation of the Belgian Constitutional Court is also included here with valuable discussion on the expansion of its jurisdiction over the years. The section 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 rights of individuals in the various processes of access to justice where important issues in the area of fundamental rights and freedoms are concerned.

Reviews of books from recent important publications are covered in every ERPL. In this issue, the section presents reviews of books that are mostly published in the German and Russian language. There is also information on books from recent catalogues of various publishers.

The current issue provides invaluable information about the current state and development of public law in Europe. The political and financial crises are bringing about critical changes in the legal systems of many European States that are likely to concern us for many years to come.

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I. Constitutional Law / Droit constitutionnel

II. Administrative Law / Droit administratif



II. Jurisprudence


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