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'The Brussels–Halle–Vilvoorde Question: A Linguistic Trap', Patrick Peeters, Jens Mosselmans, Issue 1, pp. 5–16 |
infoPatrick Peeters, Jens Mosselmans, 'The Brussels–Halle–Vilvoorde Question: A Linguistic Trap' (2009) 15 European Public Law, Issue 1, pp. 5–16 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009001 | 
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'The Governmental Commission of Inquiry for the Second Lebanon War, 2007', Suzie Navot, Issue 1, pp. 17–32 |
infoSuzie Navot, 'The Governmental Commission of Inquiry for the Second Lebanon War, 2007' (2009) 15 European Public Law, Issue 1, pp. 17–32 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009002 |
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'Scotland’s Constitutional Future', Tom Mullen, Issue 1, pp. 33–46 |
infoTom Mullen, 'Scotland’s Constitutional Future' (2009) 15 European Public Law, Issue 1, pp. 33–46 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009003 |
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'Beyond Participation: Administrative–Law Type Mechanisms in Global Environmental Governance. Toward a New Basis of Legitimacy?', Francesca Spagnuolo, Issue 1, pp. 49–62 |
infoFrancesca Spagnuolo, 'Beyond Participation: Administrative–Law Type Mechanisms in Global Environmental Governance. Toward a New Basis of Legitimacy?' (2009) 15 European Public Law, Issue 1, pp. 49–62 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009004 |
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'Evidence and National Security: ‘Belief Evidence’ in the Irish Special Criminal Court', Liz Heffernan, Issue 1, pp. 65–88 |
infoLiz Heffernan, 'Evidence and National Security: ‘Belief Evidence’ in the Irish Special Criminal Court' (2009) 15 European Public Law, Issue 1, pp. 65–88 | | Copyright © 2009 Kluwer Law International
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ID: EURO2009005 |
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'A New Status for the ECHR in Italy: The Italian Constitutional Court and the New ‘Conventional Review’ on National Laws', Silvia Mirate, Issue 1, pp. 89–110 |
infoSilvia Mirate, 'A New Status for the ECHR in Italy: The Italian Constitutional Court and the New ‘Conventional Review’ on National Laws' (2009) 15 European Public Law, Issue 1, pp. 89–110 | | The article aims to provide an analysis of the two judgments of the Italian Constitutional Court No. 348 and No. 349 dated 24 October 2007, which considered Article 117, paragraph 1, of the Italian Constitution as a constitutional rule granting superior legal authority to the European Convention over and above ordinary domestic statute law. A domestic law in contrast with the provisions of the Convention, as interpreted by the European Court, violates Article 117, paragraph 1, of the Italian Constitution and it must be declared unconstitutional by the Constitutional Court. In particular, the Constitutional Court has declared unconstitutional Article 5–bis, of the Law No. 359 dated 8 August 1992 (and of the following Article 37, paragraphs 1 and 2, of the Code of Expropriation Provisions, Presidential Decree No. 327 dated 8 June 2001) on the refund for legitimate expropriation and on the compensation awarded for the Italian public administrations’ practice of ‘constructive expropriation’, because they were calculated according to a criterion in contrast with Article 1 of Protocol No. 1 European Convention on Human Rights (ECHR), as interpreted by the Strasbourg case law. The solution, adopted by the Constitutional Court, is very interesting and almost ‘revolutionary’, since it underlines the new place accorded to the ECHR in the Italian legal system in the last years, especially by the ordinary courts and finally by the Constitutional Court too. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009006 |
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'‘Free Speech is not Valued if only Valued Speech is Free’: Connolly, Consistency and some Article 10 Concerns', Paul Wragg, Issue 1, pp. 111–132 |
infoPaul Wragg, '‘Free Speech is not Valued if only Valued Speech is Free’: Connolly, Consistency and some Article 10 Concerns' (2009) 15 European Public Law, Issue 1, pp. 111–132 | | This article suggests that different free speech principles apply in cases involving ‘journalists’ compared to ‘non–journalists’, as in Connolly v. DPP. Strict principles apply when a journalist’s right to speak is threatened because the media exercise a valuable public watchdog role worth protecting even when competing interests exist. When non–journalists speak the same strict principles are absent even though speech of similar public interest may be involved. The justification for allowing interference is that such extreme and unpopular speech is not sufficiently valuable. This distinction, though superficially appealing, is troubling, not least because non–journalists might also act as public watchdog. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009007 |
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'The European Union and its Neighbours – A Legal Appraisal of the EU’s Policies of Stabilisation, Partnership and Integration', Panos Koutrakos, Issue 1, pp. 135–138 |
infoPanos Koutrakos, 'The European Union and its Neighbours – A Legal Appraisal of the EU’s Policies of Stabilisation, Partnership and Integration' (2009) 15 European Public Law, Issue 1, pp. 135–138 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009008 |
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'The Advocate General and EC Law', Constantinos Kombos, Issue 1, pp. 139–142 |
infoConstantinos Kombos, 'The Advocate General and EC Law' (2009) 15 European Public Law, Issue 1, pp. 139–142 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009009 |
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'Freedom of Religion, Minorities and the Law', Javier García Oliva, Issue 1, pp. 143–144 |
infoJavier García Oliva, 'Freedom of Religion, Minorities and the Law' (2009) 15 European Public Law, Issue 1, pp. 143–144 | | Copyright © 2009 Kluwer Law International
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ID: EURO2009010 |
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ISSUE 2 | |
'A New Broom Sweeps Clean? An Attempt to Gradually Change the Austrian Constitution', Walter Schwartz, Irene Mayr, Issue 2, pp. 151–162 |
infoWalter Schwartz, Irene Mayr, 'A New Broom Sweeps Clean? An Attempt to Gradually Change the Austrian Constitution' (2009) 15 European Public Law, Issue 2, pp. 151–162 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009011 |
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'The Lisbon Treaty and the Irish Referendum', G Hogan, Issue 2, pp. 163–170 |
infoG Hogan, 'The Lisbon Treaty and the Irish Referendum' (2009) 15 European Public Law, Issue 2, pp. 163–170 | | The defeat of the Lisbon Treaty in the Irish referendum on 12 June 2008 has sent shock waves throughout the European Union (EU). It is still premature to attempt to evaluate the full consequences of this referendum defeat. Whatever the legal and political merits of the Treaty itself, it is clear that Ireland’s standing within the EU has been diminished. Nor, as a matter of political reality, is Ireland in the position of either France or the Netherlands following the defeat of the European Constitution in those jurisdictions in the summer of 2005. For a start, the Lisbon Treaty was a further compromise – even if it did contain much of what had hitherto been in the ill-fated European Constitution – and the appetite for a wearisome further round of institutional reflection on the part of the Member States had diminished further. Just as critically, even if many voters in Ireland were in denial on this point, there is a difference in terms of realpolitik between a negative decision on the part of two key founder Member States on the one hand and a rejection in a small, peripheral country such as Ireland on the other. Again, irrespective of what one thinks of the merits of the Lisbon Treaty, in practical terms, it is hard to see how one small Member State can refuse to ratify a Treaty deemed essential by the other twenty-six Member States, at least without jeopardizing huge reserves of goodwill. Ireland has, of course, been in this situation before following the first (negative) referendum vote on the Nice Treaty in June 2001. That defeat was highly embarrassing for both the Government and the country. We were the only country to hold a referendum on an innocuous treaty designed to facilitate the accession of new entrants, most of whom had suffered the yoke of communism and Soviet domination. The referendum did not engage the public; the quality of debate was poor and the turnout – 34% – unimpressive. A combination of domestic and EU pressures saw a successful second referendum in the Autumn of 2002. On that occasion, the Government campaign was much better, as was the quality of the political debate. The second referendum passed comfortably with a significantly higher turnout. So far as the Lisbon referendum was concerned, many were of the view that that turnout would prove to be the key. On this occasion, the turnout at 54% was sufficiently high so as to remove the question of turnout as a factor in the defeat of the referendum. And yet despite an active – if at times uninspiring – campaign on the part of the Government and the main opposition parties, the referendum was defeated by 53% to 47%. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009012 |
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'The Model of Executive Power in Poland: Outline of Political Evolution', Bogusław Banaszak, Konrad Nowacki, Issue 2, pp. 171–182 |
infoBogusław Banaszak, Konrad Nowacki, 'The Model of Executive Power in Poland: Outline of Political Evolution' (2009) 15 European Public Law, Issue 2, pp. 171–182 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009013 |
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'Jurimetrics in Slovakia', Milan Vetrák, Issue 2, pp. 185–196 |
infoMilan Vetrák, 'Jurimetrics in Slovakia' (2009) 15 European Public Law, Issue 2, pp. 185–196 | | Legislation is a combination of science and art with a contribution from computer technology. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009014 |
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'Animal Experiment Regulations as a Part of Public Law', Katarina Alexius Borgström, Issue 2, pp. 197–205 |
infoKatarina Alexius Borgström, 'Animal Experiment Regulations as a Part of Public Law' (2009) 15 European Public Law, Issue 2, pp. 197–205 | | This article describes the Swedish rules about experiments on animals and the function of the Swedish animal ethics experimentation committees. A small survey of the rules about experiments on animals in Norway, Denmark, Finland, England and Wales, and the EU, is included. The Swedish rules on animal experimentation are examined in order to see how their form and functions relate to theories about different kinds of decision making in public law. The extents to which the rules agree with the aims of the law and with existing normative patterns are also examined. The difficulties to handle the ethical weighting between the importance of the experiment and the suffering of the animals are discussed. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009015 |
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'Preliminary References by Public Administrative Bodies: When Are Public Administrative Bodies Competent to Make Preliminary References to the European Court of Justice?', Morten Broberg, Issue 2, pp. 207–221 |
infoMorten Broberg, 'Preliminary References by Public Administrative Bodies: When Are Public Administrative Bodies Competent to Make Preliminary References to the European Court of Justice?' (2009) 15 European Public Law, Issue 2, pp. 207–221 | | Under Article 234 of the EC Treaty a ‘court or tribunal’ of a Member State may refer questions on the interpretation and validity of Community law to the European Court of Justice. Article 234 does not define what is meant by a ‘court or tribunal’, but over the years the European Court of Justice has considered this notion in a large number of cases. It follows from these cases that not only bodies which under national law are designated as courts or tribunals can make a reference for a preliminary ruling. Also, in a number of instances, organs that generally qualify as public administrative bodies under national law may be competent to make references. This article identifies the relevant criteria for determining whether an organ is competent to make preliminary references and it examines what types of public administrative bodies that normally may make such references. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009016 |
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'How to Go Ahead as an EU Law National Judge', Andrea Biondi, Issue 2, pp. 225–238 |
infoAndrea Biondi, 'How to Go Ahead as an EU Law National Judge' (2009) 15 European Public Law, Issue 2, pp. 225–238 | | The effective protection of those rights that the EU legal order confers on individuals has traditionally been ensured by a continuous dialogue between the supranational judiciary, the European Court of Justice (ECJ), and all national courts. Such a constitutional settlement, which worked reasonably well for several years, is now considered by some commentators under threat. The obligations imposed on national courts are perceived as too burdensome, and several recent judgments have been regarded as intruding excessively into national procedural autonomy. This article analyzes recent decisions such as Kempter, Impact, and Lucchini, SPA, and argues instead that these fears are unjustified mainly because both the ECJ and national courts are striving to achieve the same aims, namely, the effective application of a given legal system, the fair composition of litigation, the protection of the parties involved, and the promotion of the efficiency of the legal process. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009017 |
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'The Revision of Regulation 1049/2001 on Public Access to Documents', Ian Harden, Issue 2, pp. 239–256 |
infoIan Harden, 'The Revision of Regulation 1049/2001 on Public Access to Documents' (2009) 15 European Public Law, Issue 2, pp. 239–256 | | Regulation 1049/2001 governs the fundamental right of citizens and residents of the European Union to have access to documents held by the EU institutions. Adopted at a political conjuncture favourable to transparency, it has proven itself to be an effective piece of legislation. The Commission has put forward proposals for revision of the Regulation. Some of the proposals are clearly justifiable, but others would represent a step backward for transparency, especially in the light of recent case law of the community courts. The European Parliament seems likely to put forward its own more ambitious plans in the run up to the 2009 European elections. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009018 |
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'Sector-Specific Regulation and Competition Law: Between Convergence and Divergence', Marek Szydło, Issue 2, pp. 257–275 |
infoMarek Szydło, 'Sector-Specific Regulation and Competition Law: Between Convergence and Divergence' (2009) 15 European Public Law, Issue 2, pp. 257–275 | | The present article focuses on the question of mutual relations between sector-specific regulation (existing on the community level) and general competition law (mainly contained in Articles 81 and 82 of the Treaty and in Regulation No. 139/2004). The author examines the above-mentioned relations on the three following planes: (1) aims of both sets of rules, (2) nature of legal norms (legal rules) included in both sets of rules, and (3) the way of application (modus of enforcing) of the legal norms that are included in both of the discussed sets of rules. The final conclusion is that – against many different opinions – there exists a very advanced convergence in that respect, which may even put into question the very need of the existence of the sector-specific regulation. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009019 |
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'De Smith’s Judicial Review: Sixth Edition', Patrick Birkinshaw, Issue 2, pp. 279–280 |
infoPatrick Birkinshaw, 'De Smith’s Judicial Review: Sixth Edition' (2009) 15 European Public Law, Issue 2, pp. 279–280 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009020 |
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'The General Principles of EU Law', Caoimhín MacMaoláin, Issue 2, pp. 280–282 |
infoCaoimhín MacMaoláin, 'The General Principles of EU Law' (2009) 15 European Public Law, Issue 2, pp. 280–282 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009021 |
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'The Integration of Cultural Considerations in EU Law and Policies', Eliza Varney, Issue 2, pp. 283–285 |
infoEliza Varney, 'The Integration of Cultural Considerations in EU Law and Policies' (2009) 15 European Public Law, Issue 2, pp. 283–285 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009022 |
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ISSUE 3 | |
'ENGLAND – A New Wave of Constitutional Reform for the UK?', Stephen Tierney, Issue 3, pp. 289–294 |
infoStephen Tierney, 'ENGLAND – A New Wave of Constitutional Reform for the UK?' (2009) 15 European Public Law, Issue 3, pp. 289–294 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009023 |
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'HUNGARY – On the Constitutional Issues of EU Membership and the Interplay between the ECHR and Domestic Constitutional Law Concerning the Right of Assembly and Freedom of Expression', Marton Varju, Issue 3, pp. 295–306 |
infoMarton Varju, 'HUNGARY – On the Constitutional Issues of EU Membership and the Interplay between the ECHR and Domestic Constitutional Law Concerning the Right of Assembly and Freedom of Expression' (2009) 15 European Public Law, Issue 3, pp. 295–306 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009024 |
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'THE NETHERLANDS – The Roles of the National Parliament and the European Parliament in EU Decision-Making: The Approval of the Lisbon Treaty in the Netherlands', Leonard F.M. Besselink, Brecht van Mourik, Issue 3, pp. 307–318 |
infoLeonard F.M. Besselink, Brecht van Mourik, 'THE NETHERLANDS – The Roles of the National Parliament and the European Parliament in EU Decision-Making: The Approval of the Lisbon Treaty in the Netherlands' (2009) 15 European Public Law, Issue 3, pp. 307–318 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009025 |
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'SPAIN – The Europeanization of National Procedural Rules in the Field of Environmental Protection', C. Plaza, Prof. B. Lozano, Issue 3, pp. 319–331 |
infoC. Plaza, Prof. B. Lozano, 'SPAIN – The Europeanization of National Procedural Rules in the Field of Environmental Protection' (2009) 15 European Public Law, Issue 3, pp. 319–331 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009026 |
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'Case C-133/06, European Parliament v. Council [2008] ECR I-3189', Richard Ball, Christian Dadomo, Issue 3, pp. 335–347 |
infoRichard Ball, Christian Dadomo, 'Case C-133/06, European Parliament v. Council [2008] ECR I-3189' (2009) 15 European Public Law, Issue 3, pp. 335–347 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009027 |
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'Test Case for the Resilience of the EU’s Constitutional Foundations International Sanctions against Individuals: A Test Case for the Resilience of the European Union’s Constitutional Foundations', Christina Eckes, Issue 3, pp. 351–378 |
infoChristina Eckes, 'Test Case for the Resilience of the EU’s Constitutional Foundations International Sanctions against Individuals: A Test Case for the Resilience of the European Union’s Constitutional Foundations' (2009) 15 European Public Law, Issue 3, pp. 351–378 | | Most recently, restrictive measures adopted against private individuals have stirred up a lot of controversy. Essentially, these measures identify natural and legal persons as terrorist suspects, freeze their assets, and impose travel bans against them. On the one hand, sanctions against individuals are considered to be more advanced than trade embargoes against states. Although they pursue the same aim of maintaining international peace and security, they do not indistinctly restrict the rights of whole populations. On the other hand, sanctions against individuals are adopted pursuant to essentially the same procedures as sanctions against states. Consequently, they are heavily criticized for disregarding well-established procedural rights. Certainly, individual sanctions are an illustrative example of how ‘global governance’ dealing with de-territorialized problems of today’s world directly impacts on the rights of individuals. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009028 |
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'Demanding Minority (Linguistic) Rights from the EU: Exploiting Existing Law', Tawhida Ahmed, Issue 3, pp. 379–402 |
infoTawhida Ahmed, 'Demanding Minority (Linguistic) Rights from the EU: Exploiting Existing Law' (2009) 15 European Public Law, Issue 3, pp. 379–402 | | This article is intended to provide a contrast to the criticisms raised by the EU in relation to its lack of concrete protection of minority rights. It explores the potentials of the EU’s existing legal framework in this field. Although competence on linguistic diversity (and indeed other aspects of minority rights) remains firmly with the EU Member States, nonetheless there are a variety of ways in which the EU’s ever-expanding activities can affect those rights. This article takes account of both present and potential impacts of EU law on linguistic rights; the assumption being that the scope of legal provisions as they stand need to be understood thoroughly before one can move on to assessing in a more informed manner the necessity for reform and the content of that reform. This article views the EU’s performance as part of the wider international community and thus, for present purposes, compares the EU’s progress on minority linguistic rights, with that of the Council of Europe and the United Nations. This article does not, however, exclude the value of assessing the EU according to other benchmarks, such as national law, and thus recognizes its contribution constitutes only one angle of a much wider, valuable debate. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009029 |
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'Improving Human Rights through Non-judicial National Institutions: The Effectiveness of the Ombudsman Institution in Turkey', Engin Saygin, Issue 3, pp. 403–428 |
infoEngin Saygin, 'Improving Human Rights through Non-judicial National Institutions: The Effectiveness of the Ombudsman Institution in Turkey' (2009) 15 European Public Law, Issue 3, pp. 403–428 | | In the age of human rights, the value of human rights strategy lies in its effective implementation. Nonetheless, the gap between human rights rhetoric and (non-)action around the world, especially in Turkey, causes serious discussions over the effectiveness of international human rights law and even over its existence. The role of the national human rights institutions in narrowing such a compliance gap has been well understood by human rights practitioners and scholars because compliance with international human rights law is eventually a domestic law issue. However, this article suggests that among these institutions, the Ombudsman institution is an effective but neglected compliance mechanism due to the fact that it lacks the power to issue legally binding decisions not only in Turkey but also in the world. With respect to Turkey, as the Turkish Ombudsman Act has recently passed by Parliament, this article also analyzes the effectiveness of the new Turkish Ombudsman prior to the establishment of the office. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009030 |
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'The Mandatory Contractor Exclusions for Serious Criminal Offences in UK Public Procurement', Sope Williams, Issue 3, pp. 429–444 |
infoSope Williams, 'The Mandatory Contractor Exclusions for Serious Criminal Offences in UK Public Procurement' (2009) 15 European Public Law, Issue 3, pp. 429–444 | | The 2004 EC procurement directives made it mandatory for Member States to support EC policy against serious crime by excluding from public contracts suppliers who had been convicted of serious criminal offences. This article examines the UK’s approach to the implementation of these exclusions and provides a critical assessment of the provisions. The provisions are significant because they establish a principle for the use of public procurement to achieve EC objectives in a manner that is no longer optional for Member States. However, in implementing the provisions, it will be seen that the UK has adopted a ‘copycat’ approach to implementing the exclusions and has not clarified the lacunae in the EC procurement directives. The lack of clarity may affect the effectiveness of the provisions and lead to problems in the practical application of the exclusions. It is suggested that it may be appropriate for the EC to provide guidance to Member States on these issues. Finally, it remains to be seen whether if the mandatory exclusion prove successful, the EC will rely on a similar mechanism in the future to achieve other EC objectives. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009031 |
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'The Temple of Rights: Review Essay of Nina-Louisa Arold', David Nelken, Issue 3, pp. 447–456 |
infoDavid Nelken, 'The Temple of Rights: Review Essay of Nina-Louisa Arold' (2009) 15 European Public Law, Issue 3, pp. 447–456 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009032 |
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'Handbuch Ius Publicum Europaeum', Prof. Dr Florian Becker, Issue 3, pp. 459–464 |
infoProf. Dr Florian Becker, 'Handbuch Ius Publicum Europaeum' (2009) 15 European Public Law, Issue 3, pp. 459–464 | | Copyright © 2009 Kluwer Law International
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ID: EURO2009033 |
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ISSUE 4 | |
'European Court of Human Rights: May 2008–April 2009', Prof. Iain Cameron, Issue 4, pp. 467–500 |
infoProf. Iain Cameron, 'European Court of Human Rights: May 2008–April 2009' (2009) 15 European Public Law, Issue 4, pp. 467–500 | | Copyright © 2009 Kluwer Law International
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ID: EURO2009034 |
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'Recent Developments in Luxembourg: The Activities of the Courts in 2008', Andrea Biondi, Isidora Maletić, Issue 4, pp. 501–511 |
infoAndrea Biondi, Isidora Maletić, 'Recent Developments in Luxembourg: The Activities of the Courts in 2008' (2009) 15 European Public Law, Issue 4, pp. 501–511 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009035 |
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'A Constitutional Crisis in a Teacup: The Supremacy of EC Law in Ireland', Dr Elaine Fahey, Issue 4, pp. 515–522 |
infoDr Elaine Fahey, 'A Constitutional Crisis in a Teacup: The Supremacy of EC Law in Ireland' (2009) 15 European Public Law, Issue 4, pp. 515–522 | | Copyright © 2009 Kluwer Law International
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ID: EURO2009036 |
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'The Transposition and Enforcement of the Services Directive: A Challenge for the European and the National Legal Orders', Henri de Waele, Issue 4, pp. 523–531 |
infoHenri de Waele, 'The Transposition and Enforcement of the Services Directive: A Challenge for the European and the National Legal Orders' (2009) 15 European Public Law, Issue 4, pp. 523–531 | | In the European Union, after a long and arduous struggle, agreement was reached on the adoption of the so-called Services Directive in 2006. This Directive aims to create a level playing field for services and to remove all remaining regulatory and administrative obstacles for service transactions in and between Member States. The present short contribution focuses not on the substantive aspects of the Directive but rather highlights its institutional and constitutional impact. Attention is drawn to the great challenge facing the European and national legal orders when it comes to the successful transposition and effective enforcement of its provisions. In order to rise to this challenge and meet the objective of a fully liberalized services market in Europe, a radical alteration in ECJ caselaw appears all but inevitable. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009037 |
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'Judicial Review of Constitutional Amendments in Turkey', Ergun Özbudun, Issue 4, pp. 533–538 |
infoErgun Özbudun, 'Judicial Review of Constitutional Amendments in Turkey' (2009) 15 European Public Law, Issue 4, pp. 533–538 | | Copyright © 2009 Kluwer Law International
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ID: EURO2009038 |
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'Language Rights as Legal Norms', Xabier Arzoz, Issue 4, pp. 541–574 |
infoXabier Arzoz, 'Language Rights as Legal Norms' (2009) 15 European Public Law, Issue 4, pp. 541–574 | | The discussion on language rights is affected by some confusion on the nature and status of rights. In this paper, a rigorous characterization of language rights is proposed. It is argued that the general assimilation or equation between language rights and human rights is not only erroneous as far as it is inaccurate, but it leads to a distorted image of the relationship between law and politics. While human rights do limit (at least, ideally) state behaviour, language rights are, more often than not, an issue devolved to the political process. The point being made in this paper is that recognition of language rights (as such or as part of minority rights) is based primarily on contingent historical reasons. Some tentative explanations on the poor status or unequal recognition of language rights in international and domestic law will also be offered throughout the paper. The literature on linguistic human rights is very hortatory and at a times strident. It echoes to ‘shalls’ and ‘shoulds’ and ‘musts’ (...). Christina B. Paulston (IJSL 1997: 188) Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009039 |
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'The Notion of Services of General Economic Interest Revisited', Mustafa T. Karayigit, Issue 4, pp. 575–595 |
infoMustafa T. Karayigit, 'The Notion of Services of General Economic Interest Revisited' (2009) 15 European Public Law, Issue 4, pp. 575–595 | | The paper examines the concept of services of general economic interest in the light of delimitation of vertical competences and responsibilities between the Community institutions and the Member States. The concept of services of general economic interest is also analysed in terms of the related concepts of universal service, public service obligations, (public) undertaking and economic activity. Furthermore, limitations on the provision of services of general economic interest arising from the EC Treaty rules and exemptions from these general rules provided for in Article 86(2) are reviewed. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009040 |
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'The Role of the Spanish Constitutional Court in the Judicial Review of Parliamentary Legislation', Prof. Dr Benito Alaez Corral, Abel Arias Castaño, Issue 4, pp. 597–613 |
infoProf. Dr Benito Alaez Corral, Abel Arias Castaño, 'The Role of the Spanish Constitutional Court in the Judicial Review of Parliamentary Legislation' (2009) 15 European Public Law, Issue 4, pp. 597–613 | | This article considers the main procedures established in the Spanish Constitution to carry out the Judicial (Constitutional) Review of Parliamentary Legislation. After briefly describing the institutional role and the organization of the Spanish Constitutional Court, the paper deals with the two main procedures for the review of parliamentary legislation: the appeal of unconstitutionality (a politically rooted procedure) and the questioning of unconstitutionality (that unlike the appeal is a judicially rooted procedure and represents a middle way of judicial review between the American-US Model and the European Model). Each procedure is critically analysed taking into account four different elements: the plaintiffs or applicants, the challengeable legislation, the model used as legal basis for the constitutional scrutiny, and the development of the procedure as such. The article finishes with a concluding section about the main effects of the Decisions of the Constitutional Court in these judicial review procedures. Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009041 |
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'The Influence of the ECJ’s Case Law on Time Limits in the Italian, German and English Administrative Legal Systems: A Comparative Analysis', Mariolina Eliantonio, Issue 4, pp. 615–652 |
infoMariolina Eliantonio, 'The Influence of the ECJ’s Case Law on Time Limits in the Italian, German and English Administrative Legal Systems: A Comparative Analysis' (2009) 15 European Public Law, Issue 4, pp. 615–652 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009042 |
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'A Composite European Constitution by Leonard Besselink (Groningen: Europa Law Publishing, 2007)', Giuseppe Martinico, Issue 4, pp. 655–661 |
infoGiuseppe Martinico, 'A Composite European Constitution by Leonard Besselink (Groningen: Europa Law Publishing, 2007)' (2009) 15 European Public Law, Issue 4, pp. 655–661 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009043 |
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'Executive Measures, Terrorism and National Security: Have the Rules of the Game Changed? by David Bonner (Ashgate, Aldershot, 2007)', Clive Walker, Issue 4, pp. 662–665 |
infoClive Walker, 'Executive Measures, Terrorism and National Security: Have the Rules of the Game Changed? by David Bonner (Ashgate, Aldershot, 2007)' (2009) 15 European Public Law, Issue 4, pp. 662–665 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009044 |
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'Annual Index', Issue 4, pp. 667–679 |
info'Annual Index' (2009) 15 European Public Law, Issue 4, pp. 667–679 | | Copyright © 2009 Kluwer Law International
All rights reserved ISSN: 1354-3725
ID: EURO2009045 |
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