European Constitutional Law Association最新文献

{"title":"Public Health Crisis and the Role of the Commission: the case of France","authors":"C. Kwon","doi":"10.21592/eucj.2023.41.155","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.155","url":null,"abstract":"Needs for effective and prompt actions in public administration of contemporary nations call for almost inevitably diversified and specialized managements in the form of committee system. It is frequently employed by many nations, more prominently in the field of science and technology. Second half of the 20th century saw to it that science drove the flow of the national economy, culminating in intensive developments including international standardization in various fields. Above all, the constitutional basis for this was established finally. and the National Science and Technology Advisory Council Act was enacted in 1991 to provide advice on innovation in science and technology. With the institutional framework on this matter being established, for instance, in the event of infectious diseases such as the coronavirus comes infectious, expert scientific opinion is required mandatory prior to the government's policy formulation and execution. By now the ptactice is solid, and the advices and technical opinions in almost all cases are formed by way of committees. In France, in order to maintain public health in general and respond to crises such as the recent pandemic like Corvid-19, the Ministry of Health is responsible for healthcare policy formulation, execution of it, and let alone research and development. The last part, R&D is shared by an independent administrative agency, the Higher Health Agency, along with various technical institutes and networks of healthcare professionals. In particular in view of the gravity of the Corvid-19 problem the government established a temporary organization on top of the 120-year-old Higher Committee on Public Health and the National Ethics Advisory Committee, which deals with ethical issues and other existing committees. These organizations seek and strive for transparency and fairness in their activities through committee composition, disclosure of committee activities, oaths of professional ethics of members, and ensuring citizen participation.","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122944680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"French Constitutional Court's control over French finance law","authors":"Dong Hoon Han","doi":"10.21592/eucj.2023.41.331","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.331","url":null,"abstract":"The French Constitutional Court has reviewed most of the finance laws. The control of the French Constitutional Court can be divided into ⅰ) control under Article 40 of the French Constitution, ⅱ) control of legal regulations unrelated to the purpose of finance laws, ⅲ) control of discussion procedures in parliament, and ⅳ) control of the contents of finance laws. France's current finance laws should not just be an expression of the general will of the people, but also comply with the constitutional order prescribed by the Constitution of the Fifth Republic of France. The attitude of the French Constitutional Court to control finance laws needs to be actively reviewed and accepted in discussions for the introduction of legislation- based budget system, especially in the specific design of the constitutional amendment. Therefore, in the case of introducing legislation-based budget system through constitutional amendment, the enactment of finance laws should not be discussed only in terms of the distribution of power between the parliament and the government, and the Constitutional Court's control over finance laws should also be guaranteed.","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122856571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on Japan's Infectious Disease Response System and Scientific Advisory","authors":"Y. Park","doi":"10.21592/eucj.2023.41.105","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.105","url":null,"abstract":"In the public health crisis situation that occurred with the onset of the 2020 novel coronavirus infection (COVID-19) pandemic, Korea is evaluated as having succeeded in initial response compared to other countries. At the time, the government's active strategy to respond to infectious diseases, called preemptive testing, tracking, and treatment(3T), attracted global attention. The success of these infectious disease response policies can be said to have played a significant role in scientific advisory. However, it is questionable whether the current scientific advisory system can effectively deal with another crisis in the future. Therefore, a review of overseas scientific advisory is required. In particular, in Japan, since various problems with the method of scientific consultation were pointed out at the time of the Great East Japan Earthquake in 2011, systematization and theorization in this regard have progressed considerably. However, it has been pointed out that Japan's scientific advisory related to Corona 19 did not function sufficiently in an emergency. Therefore, in this paper, we drew implications in Korea by examining Japan's infectious disease response system and scientific advisory at the time of COVID-19.","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121954386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reconstruction of the status of migrants in the interpretation of the Constitution","authors":"Sooin Yun","doi":"10.21592/eucj.2023.41.241","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.241","url":null,"abstract":"As the number of migrants residing in Korea gradually increases and they are active in various fields, migrants form political and socio-economic interests within the Republic of Korea, while fulfilling the role of bearing various rights and obligations provided by the state. It functions as a member of the national living community. This reality requires understanding the problem of migrants as a change in the structure and character of our society, not simply as a minority culture for mainstream society, and requires a fundamental discussion on this. The legal status of migrants is the starting point of these discussions, and it has a correlation with the subject matter ofalien‘s constitutional rights. The Constitution does not directly mention whether migrants can become subjects of basic rights. Therefore, the issue of whether migrants can enjoy the basic rights of our Constitution in a position similar to that of Korean citizens and if they can, whether the object of such enjoyment will be all the basic rights enjoyed by Korean citizens is a matter of constitutional interpretation. Nevertheless, the Constitutional Court recognized the subjectivity of basic rights only in terms of ‘human rights’ in the case of migrants who are in a ‘status similar to that of the people’ without specific grounds, but these ‘human rights’ are limited for the ‘interest of the people’. It can be, only a contradictory attitude. In the first place, if the Constitutional Court acknowledged a ‘status similar to that of the Korean people’ because it could not treat Koreans who had lost their nationality after moving abroad before the establishment of the Korean government as mere ‘aliens’, then in today’s multicultural society, members of the national living community of the Republic of Korea. It is necessary to seriously think about how to fulfill the “obligation to confirm and guarantee the basic inviolable human rights of individuals” stipulated in Article 10 of the Constitution for the numerous migrants living in a ‘status similar to that of citizens’. In addition, Article 6(2), Article 10 second sentence, and Article 6(1) of the Constitution should be actively interpreted to guarantee the legal status of migrants not only as legal rights but also as constitutional rights. In order for Korea, which is facing a low birth rate and an aging society, to develop sustainably, it is time to recognize various lifestyles and cultures of migrants, use human, economic, and cultural resources brought by migrants as new growth engines, and use diversity as a resource for innovation and creativity. The legal status of migrants should be considered in the task of a multicultural society.","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133940978","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Guarantee of the Right to Safety as a Constitutional Fundamental Right","authors":"In-Seok ko","doi":"10.21592/eucj.2023.41.441","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.441","url":null,"abstract":"Disasters caused by large-scale disasters and infectious diseases have fatal consequences for human social life and health, leading to enormous social and economic losses and the creation of an unstable social environment. Despite human's constant desire for safety and the establishment of a legal and institutional safety management system, the frequency of large-scale disasters and disasters is increasing and turning human society into a dangerous society that will be processed. Without explicit grounds for security rights as a fundamental right under the Constitution, the legal system and legal contents of the state's safety protection and security are formed with safety-related sub-laws, adding to legal confusion in practice related to safety protection and security. In the process of developing into advanced countries, social safety insensitivity is still prevalent, and the industrial environment based on performanceism remains the same, and safety-related social expenses account for a significant portion of the national finance. As for safety issues, post-disaster safety management is also important, but it is essential to reduce disaster and disaster- related social costs through proactive safety management. Pre- and post-safety management related to disasters and disasters should be accompanied by introducing it as a constitutional fundamental right as an independent regulation of the right to safety and the realization of the right to safety through individual laws. It is necessary to be faithful to the pursuit of happiness and security guarantees of the people by introducing constitutional safety right, creating a safety environment through the realization of safety rightsthrough individual laws, and establishing a systematic safety management system. The protection and guarantee of constitutional safety right guarantees the people's enjoyment of fundamental constitutional right, while also practicing the obligation to guarantee safety as a fundamental right of the state. This paper presents an alternative to systematizing constitutional theory to protect and guarantee the right to safety as a fundamental right to facilitate the performance of the state's security guarantee obligations under the Constitution through research and analysis on the basis of the right to safety in our Constitution. In addition, when the constitution is revised in the future, we would like to propose a plan to embody it as a constitutional regulation when introducing the right to safety.","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116703329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Les objectif de valeur constitutionnelle en droit français","authors":"Hakseon Jeon","doi":"10.21592/eucj.2023.41.407","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.407","url":null,"abstract":"En droit français, un objectif de valeur constitutionnelle (ou objectif à valeur constitutionnelle) est un objectif dégagé par le Conseil constitutionnel auquel ce dernier reconnaît une valeur constitutionnelle. Ces objectifs trouvent leurs fondements dans le bloc de constitutionnalité constitué de la constitution elle-même, la déclaration des droits de l'homme et du citoyen, le préambule de la constitution de 1946 ainsi que de la charte de l'environnement de 2004. Les objectifs de valeur constitutionnelle sont des orientations dégagées par le Conseil constitutionnel données au législateur. Ces objectifs n'énoncent pas de droits. Ils permettent au Conseil constitutionnel de limiter certains principes constitutionnels dans le but de rendre certains autres droits constitutionnels effectifs. Les objectifs de valeur constitutionnelle ont pour fonction de permettre au Conseil constitutionnel de concilier différents principes constitutionnels. Ils sont des instruments de limitation des droits fondamentaux afin de rendre effectifs les droits et libertés constitutionnels. Les objectifs de valeur constitutionnelle ne doivent pas porter une atteinte excessive à ces droits en les dénaturant. Sans disposer d'une pure valeur normative, les objectifs de valeur constitutionnelle visent avant tout à assurer la conciliation des droits fondamentaux et des principes constitutionnels par un travail de qualification juridique. Les objectifs de valeur constitutionnelle tiennent une place particulière au sein du système juridique français. S'ils peuvent être considérés comme des composants du bloc de constitutionnalité, force est de constater que ceux-ci ne réfèrent en eux-mêmes à aucune norme constitutionnelle déterminée. La grille de lecture que le Conseil constitutionnel a souhaité accorder au législateur renvoie néanmoins à une volonté d'assurer une meilleure effectivité des droits et des libertés ainsi que des principes faisant partie de la tradition républicaine.","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134313618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Comparative Legal Study on Fine Dust Responses between Korea and the European Union","authors":"Jong-Woo Kim","doi":"10.21592/eucj.2023.41.533","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.533","url":null,"abstract":"Entering the 21st century, the whole world is paying much attention to environmental issues. In the past, environmental problems were regarded as national laws and policies or subjects of discussion by experts, but as the general public gradually began to feel environmental problems, it became a problem for all levels of the world to seek solutions. As a representative example, disasters such as floods and droughts have occurred all over the world due to the impact of the climate crisis, and many people are suffering damage, which also affects crops and fruit yields, resulting in economic problems. In Korea, record- breaking heavy rains fell in 2022, and as many people began to suffer damage, it became an opportunity to have a lot of interest in environmental issues. Another problem is that of fine dust. Fine dust refers to extremely small particles floating in the air in a solid or liquid state. Fine dust originally began to be managed comprehensively as one of the elements of air quality pollution. It began to be separately regulated and managed through the Special Act on Dust Reduction and Management”. Fine dust meant particles of 10 μm or less, but since the smaller the fine dust, the greater the damage, the ultra-fine dust of 2.5 μm or less was separately defined and started to be managed. Fine dust was also a field that was not of great interest unless those involved were involved, but around 2018, many articles on the effect of fine dust were published, and poor air quality was observed every day, The general public has come to regard fine dust as a serious problem. As a result, the demand for air purifiers among home appliances continues to rise due to the influence of fine dust, and interest in KF masks has also increased due to the corona crisis. In Korea, fine dust is managed through so-called ‘Eight Fine Dust Acts’. They are the ｢Special Act on the Reduction and Management of Fine Dust｣, ｢Indoor Air Quality Control Act｣, ｢Special Act On The Improvement Of Air Quality In Air Control Zones｣, ｢Clean Air Conservation Act｣, ｢School Health Act｣, ｢Framework Act On The Management Of Disasters And Safety｣, ｢Safety Control And Business Of Liquefied Petroleum Gas Act｣, ｢Special Act On The Improvement Of Air Quality In Port Areas｣ However, due to the nature of fine dust spreading through the air, it is difficult to say that it is a problem unique to one country and must be resolved through international cooperation. In consideration of this point, matters regarding international cooperation have been added to fine dust-related laws in Korea, but this is still a matter that requires further discussion. In the European Union, there are laws related to fine dust such as ｢European Climate Act｣, European Green Deal, National Emission Ceiling Directive, Ambient Air Quality Directive, Clean Air Policy Package for Europe, Directive on Ambient Air Quality and Cleaner Air for Europe. The European Union manages fine dust through these air quality guidelines","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121980797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Indemnification and Compensation for loss according to the transition from Pandemic to Endemic","authors":"Hoon Jeon","doi":"10.21592/eucj.2023.41.269","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.269","url":null,"abstract":"The transition from Pandemic to Endemic requires a new task for compensation for loss after police restriction for public order. The government recognizes loss compensation for small business owners and small and medium-sized business operators who have been closed or suspended due to collective bans or restrictions caused by COVID-19 through the Infectious Disease Prevention and Management Act and the Small Business Protection and Support Act. In this regard, major previous researches have been conducted on whether to apply traditional discussions on property rights guarantees to new situations. We study whether the current loss compensation due to the pandemic can be understood as public compensation or support for socialization of responsibility under the Disaster law from a different perspective from previous studies discussed mainly on German property rights guarantee and loss compensation. In addition, we reviewed the French Constitution, related laws, and Constitutional Court decisions, which were rare to discuss in Korea, and considered the possibility of interpreting the meaning of loss compensation(SON-SIL-BO-SANG) from a perspective other than boundary/separation theory on property rights.","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125605268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Protestantismus und Demokratie","authors":"루돌프 스멘트, 효진 김","doi":"10.21592/eucj.2023.41.1","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.1","url":null,"abstract":"<jats:p />","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117254941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Germany's Academic Policy Advisory System in Response to COVID-19","authors":"Jae-Hoon Lee","doi":"10.21592/eucj.2023.41.69","DOIUrl":"https://doi.org/10.21592/eucj.2023.41.69","url":null,"abstract":"The Corona Pandemic served as an opportunity to highlight the need for academic policy advice. In the case of Germany, it can be said that it has operated various types of academic policy advisory bodies in relation to socially important issues before the Corona Pandemic; various advisory committees for social and political issues have been frequently operated without being prescribed by Act, e.g. Ethics Committee for the Self-Driving Vehicle, the Data Ethics Committee, and the Competition Act 4.0 Committee for competition policy advice, etc. In line with this administrative and practical trend, Germany's federal government has established and operated an academic policy advisory committee called the Federal Corona Pandemic Expert Committee in relation to the COVID-19. Meanwhile, the German federal government has established and operated the Robert-Koch -Research Institute, which can be called a federal-level specialized institution, for the purpose of accumulating health-related expertise that can respond professionally to various diseases. Although the RKI has the status of a federal administrative agency, it is an administrative agency in charge of information collection, academic promotion, and data disclosure and evaluation related to various diseases. In addition, to enhance expertise in the field, RKI separately organizes and operates 18 expert advisory committees, and operates a standing vaccination committee and an expert advisory committee on epidemic respiratory infections in connection with the COVID-19 pandemic. This paper aims to analyze the governance structure related to German academic policy advice and the legal effect of academic policy advice, and through this process, it aims to derive domestic implications for academic policy advice.","PeriodicalId":232789,"journal":{"name":"European Constitutional Law Association","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123603951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}