EUROPEAN REVIEW OF PUBLIC LAW - Vol. 23, no 2 (80), Summer 2011 - EDITORIAL


In this issue, are published three articles on various aspects of public law of European states with a discussion including comparative insights and supranational influences. Here you will find an evaluation of key characteristics of the French legislative process that is contrasted to those of the German, British, French and Italian parliamentary systems. Next is an article about the Europeanisation of national remedies through the judge-made principle of effective judicial protection and the way by which Swedish courts have applied it in the domestic legal order. There is also an article in the Russian language that deals with the financial monitoring mechanism in the Russian Federation, describing the composition and structure of this system with a particular emphasis on countering money laundering and the financing of terrorism.

In the chronicles sections of constitutional and administrative law, there is detailed commentary and evaluation of the so-called 'Iraq Case' of the Danish Supreme Court, in which the State's military participation in the American-led multinational mission in Iraq was challenged. Issues regarding the constitutionality and independence of the State's Supreme Court are addressed with reference to the dualist position of the State's constitutional arrangements.

There is also a contribution on the main legislative changes in Georgia that have recently been passed as part of the growing effort to improve democracy, social stability and economic growth. Discussion includes the new wave of democratic reforms on constitutional and taxation law. A chronicle (in Italian) on the Italian Public law system that shows the various judicial trends that have emerged there, is also published. From the Italian system, there is also another contribution dealing with the process inter alia of fiscal federalism, university reforms, limitations to trade unions, etc. and with the problems observed in their actual implementation.

Important developments in the order of the Netherlands' public law can be found in this issue as well. Are noted, in particular, key judgments on the equal political treatment of men and women and the decision of the Court of Justice of the European Union on the Dutch soft drugs policy. The new structure of the highest Dutch Administrative Court is also discussed.

Continuing in this section of European chronicles, ERPL readers will find important developments that have increased the influence of supranational law on the domestic public law of the Russian Federation. The discussion revolves around the opposing outcomes reached by the Russian Constitutional Court and the ECtHR in the Konstantin Markin Case. It includes the ensuing legislative attempts seeking to find ways to deal with the increasing influence of supranational law, as a fact that has strongly been felt following the recent accession of Russia into the Customs Union. From the same country, there is another contribution (in the Russian language this time) that covers the latest developments in the national administrative law, with a special focus on the use of natural resources, environmental protection, the State's anti-competition control mechanism and the provision of housing services.

In addition, the ERPL reader will find information and commentary about the latest developments in the French administrative law. Notable is the discussion of the impartiality of administrative judges by the Conseil d'Etat, as well as of those cases in which the hierarchy of norms has been underlined, especially those involving the application and interpretation of supranational law.

As always, book reviews and information on major academic works and studies that have recently been produced in various corners of Europe are published.

The current issue offers unique materials that present critical developments in the public law of European states. The wealth of information that is presented in every ERPL issue provides a very good overview of current realities and emerging judicial and legislative trends in the development and application of public law in Europe.

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I. Constitutional Law / Droit constitutionnel

II. Administrative Law / Droit administratif



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