EPLS CVII
Public Law and the Economic Crisis / Le droit public et la crise économique
In this EPLS volume, are published the proceedings of the annual Conference of the EGPL organised from the 14th to the 16th of September 2012, on the subject "Public Law and the Economic Crisis". Many prominent law scholars from all over Europe and the world participated in this Conference and contributed to the dialogue on the theme.
The Opening Address was given by the President of the Italian Council of State, Dr. G. Coraggio.
Under the heading "General Introduction: Public Law, the Crisis, the Current Crisis", first a paper maintains that the Economic Crisis is a crisis of the rule of law and democracy and that in order to overcome the crisis, we need various measures and a paradigm shift as well as a legal way, since Law is essential to protect freedom and equality. Also, under this heading, another contribution examines the crisis erupted in 2008, which is "different" not only in economic terms but also in legal and institutional ones due to the existing constraints deriving from international and European treaties and from national Constitutions and which influenced deeply the legal reactions to the present crisis. Finally, under the same heading, a contribution is presenting the legal definition of public international financial law, its delimitation vis-à-vis other branches of international law as well as its branches, the historical evolution of public international financial law since 1971 and the levels in its making and enforcement.
Another heading is dealing with the theme of "Public Law and the Current Crisis: Institutional Arrangements and Instruments of Action", under which a paper on the institutional changes deriving from the current crisis is published. The paper notes however that instruments of action have not been profoundly modified.
Under the heading "Public Law and the Current Crisis: From Local Governments to the World", a paper studies the impact of the economic crisis on public institutions and public law focusing on procedures and decision-making bodies. Another paper under the same heading deals with the "variable geometry" of some public law principles in the context of a crisis, from the example of the "competition principle" emerging from the public procurement rules and the question of whether that variable geometry is or is not desirable.
National reports follow this heading, coming from Albania, Bulgaria, Latvia, Poland, Portugal, Romania, Serbia, Slovakia, Spain, Sweden and Turkey. These are based on a questionnaire elaborated on the theme of the Conference included in this EPLS volume.
A Case Study is then providing an overview of the global economic crisis by laying down the causes that brought USA and EU into crisis. Further, legal responses to the crisis are set forth. In this context, both sides of the Atlantic tried to promote economic growth, struggle with and make a way out of the crisis and strengthen economic governance. The Case Study concludes that in this sense a number of critical issues are encountered, that have to be carefully considered in the course of economic intervention of the State.
The Conclusions present the four different legal discourses arising from the economic crisis and maintains that the current crisis is changing both Public Law and Public Law Scholarship and represents an opportunity of intellectual refreshment and cultural innovation based on the interdisciplinarity between law, political science and economics.
TABLE OF CONTENTS
SUMMARY / SOMMAIRE
FOREWORD / AVANT-PROPOS
OPENING ADDRESS / ALLOCUTION D'OUVERTURE
G. CORAGGIO, Président du Conseil d'Etat, Italie
GENERAL INTRODUCTION:
PUBLIC LAW, THE CRISES, THE CURRENT CRISIS /
INTRODUCTION GÉNÉRALE:
LE DROIT PUBLIC, LES CRISES, LA CRISE ACTUELLE
G. KIRCHHOF, Public Law, the Crises, the Current Crisis - General Introduction
G. NAPOLITANO, "This Time is Different" for Public Law Too: Shifts of Sovereignty and Power During and After the "2008-? Crisis"
C.V. GORTSOS, Definition, Historical Evolution and Levels of the Making and Enforcement of Public International Financial Law
PUBLIC LAW AND THE CURRENT CRISIS:
INSTITUTIONAL ARRANGEMENTS AND INSTRUMENTS OF ACTION /
LE DROIT PUBLIC ET LA CRISE ACTUELLE:
ARRANGEMENTS INSTITUTIONNELS ET INSTRUMENTS D'ACTION
G. KALFLÈCHE, Le droit public face à la crise économique: Modifications institutionnelles et instruments d'action
PUBLIC LAW AND THE CURRENT CRISIS:
FROM LOCAL GOVERNMENTS TO THE WORLD /
LE DROIT PUBLIC ET LA CRISE ACTUELLE:
DES TERRITOIRES AU MONDE
E. MALARET, Le malaise de la globalisation, la crise économique et les déséquilibres dans la structure des pouvoirs de décision. Pour un constitutionnalisme économique européen ouvert
M. KIRKBY, Public Contracts at the Epicenter of the Crisis: Pondering the Variable Intensity of the Competition Principle
ELEMENTS OF COMPARISON / ÉLEMENTS DE COMPARAISON*
M. LESKOVIKU / D. LESKOVIKU, Public Law and the Economic Crisis: An Approach under the Human Rights Perspective: Albania
R. STEFANOV, Public Law and the Economic Crisis: Bulgaria
A. RODIŅA / J. PLEPS / D. AMOLIŅA, Public Law and the Economic Crisis: Republic of Latvia
G. KUCA, Public Law and the Economic Crisis: Poland
J. LOURO E COSTA, Public Law and the Economic Crisis: Portugal
L. MATEI / A. MATEI / C. LAZĂR, Public Law and the Economic Crisis: Romania
M. BABIN / M. ERIĆ / T. PAPIĆ, Economic Crisis in Serbia: Hanging Over the Old Cliff
M. PATAKYOVÁ / L. CUNDERLIK / M. GALANDOVA / K. ILANOVSKA / V. MICATEK, Public Law and the Economic Crisis: Slovak Republic
A. BUENO ARMIJO / N. MAGALDI MENDAÑA / M. IZQUIERDO CARRASCO, Development of Public Law Facing the Spanish Financial and Economic Crisis
G. EDELSTAM, Public Law and the Economic Crisis: Sweden
H. BURAK GEMALMAZ / A. UZUN, Crisis, State Activities and Human Rights in Turkey
ANNEX, Questionnaire
CASE STUDY / ÉTUDE DE CAS
N. ARAT, Public Law Responses to Economic Crises: Case Study
GENERAL CONCLUSIONS / CONCLUSIONS GÉNÉRALES
G. NAPOLITANO, Public Law and the Economic Crisis: General Conclusions - Economic Crisis and Legal Discourses
INFORMATION
