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Subsidiarity v. Autonomy in the EU 欧盟的辅助性与自治性
IF 0.6
European Public Law Pub Date : 2022-05-01 DOI: 10.54648/euro2022014
C. Panara
{"title":"Subsidiarity v. Autonomy in the EU","authors":"C. Panara","doi":"10.54648/euro2022014","DOIUrl":"https://doi.org/10.54648/euro2022014","url":null,"abstract":"The principle of subsidiarity as construed by the Court of Justice and the Advocates General (AG) is not an autonomy clause. Article 5(3) Treaty on the European Union (TEU) aims to promote the efficiency of governance rather than the autonomy of the Member States (MSs) and of the subnational governments. Although a number of scholars emphasize the potential role of federal proportionality for the protection of the autonomy, the effectiveness of this principle is limited in practice due to the Court’s judicial self-restraint. In the EU the autonomy of national and subnational governments is protected primarily by the legal bases in the Treaty. The reasoning of the Court to delimit these legal bases largely overlaps with and absorbs considerations of subsidiarity that acquire a merely ancillary role.\u0000Subsidiarity, Court of Justice of the European Union, legislative competences of the European Union, legislative autonomy of the Member States, legal bases for the actions of the European Union, regions and local authorities in the European Union, efficiency of governance, federal proportionality","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46125047","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}
引用次数: 0
Civil Society and Rule of Law Backsliding in the EU 欧盟的公民社会与法治倒退
IF 0.6
European Public Law Pub Date : 2022-05-01 DOI: 10.54648/euro2022013
Antonia-Evangelia Christopoulou
{"title":"Civil Society and Rule of Law Backsliding in the EU","authors":"Antonia-Evangelia Christopoulou","doi":"10.54648/euro2022013","DOIUrl":"https://doi.org/10.54648/euro2022013","url":null,"abstract":"In the realm of the rule of law crisis taking place in several Member States of the European Union (EU), illiberal governments attempt to dilute institutional and non-institutional checks and balances with the aim to unrestrainedly exercise the state power. In this context, civil society, a sphere autonomous from the state where public interests are being expressed and formulated, is constantly undermined. This article tries to illustrate the relation between civil society and the rule of law and its backsliding. In this regard, a theoretical framework indicating the connections of the dominant civil society theories with core rule of law elements will be developed and the points of friction with rule of law backsliding will be indicated. This theoretical framework will, then, be tested in EU institutional practice through the examples of the EU Annual Rule of Law Report and the case Commission v. Hungary (Transparency of Associations, C-78/18).\u0000civil society, rule of law backsliding, fundamental rights, participation in decisionmaking, Annual Rule of Law Report","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47324088","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}
引用次数: 0
From an Illiberal Posture to an Anti-liberal Other: The Changing Composition and Jurisprudence of the Turkish Constitutional Court 从非自由的姿态到反自由的他者：土耳其宪法法院的组成和法理变化
IF 0.6
European Public Law Pub Date : 2022-05-01 DOI: 10.54648/euro2022012
Serkan Yolcu, Barış Bahçeci
{"title":"From an Illiberal Posture to an Anti-liberal Other: The Changing Composition and Jurisprudence of the Turkish Constitutional Court","authors":"Serkan Yolcu, Barış Bahçeci","doi":"10.54648/euro2022012","DOIUrl":"https://doi.org/10.54648/euro2022012","url":null,"abstract":"This article reveals the change in the Turkish Constitutional Court’s (TCC/Court) jurisprudence due to the transformation in its structure. We develop our arguments on the assumption that the Court’s ideological attitude is determined according to interaction with political actors and argue that from 1980 onwards, two facts were determinant: (1) the role of the constitutional amendment in 2010 in relation to court-packing aim and (2) the role of President of Turkish Republic due to his appointment power. To this end, we examine the changing ideological line of the TCC by focusing on selected rulings delivered during Court’s two eras divided by 2010 constitutional amendments. We argue that the TCC dramatically changed direction from liberal towards anti-liberal line in its decisions and structure. Before 2010, members who did not act in line with the president who appointed them and did not have a sharp ideological stance were encountered. This situation was reflected in the voting behaviour of the members and brought ambivalent attitudes. After 2010, this situation was reversed and especially as of 2017, some members became loyal to the president, and it was seen that the court acted with a sharper division in critical decisions and transform into an anti-liberal stance in its jurisprudence.\u0000constitutional review, Turkish Constitutional Court, judicial behaviour, constitutional judges, decision-making in constitutional courts","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47333794","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}
引用次数: 0
Book Review: Federalism and Constitutional Law: The Italian Contribution to Comparative Regionalism, Erika Arban, Giuseppe Martinico & Francesco Palermo (eds). London and New York: Routledge. 2021 书评:联邦制和宪法:意大利对比较地区主义的贡献，Erika Arban, Giuseppe Martinico和Francesco Palermo(编)。伦敦和纽约:Routledge出版社，2021
IF 0.6
European Public Law Pub Date : 2022-05-01 DOI: 10.54648/euro2022016
Annamaria Gamper
{"title":"Book Review: Federalism and Constitutional Law: The Italian Contribution to Comparative Regionalism, Erika Arban, Giuseppe Martinico & Francesco Palermo (eds). London and New York: Routledge. 2021","authors":"Annamaria Gamper","doi":"10.54648/euro2022016","DOIUrl":"https://doi.org/10.54648/euro2022016","url":null,"abstract":"","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46746494","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}
引用次数: 0
The Tragic Choices During the Global Health Emergency: Comparative Economic Law Reflections 全球突发卫生事件中的悲剧性选择:比较经济法思考
IF 0.6
European Public Law Pub Date : 2022-05-01 DOI: 10.54648/euro2022010
Pierre de Gioia-Carabellese, Camilla Della Giustina
{"title":"The Tragic Choices During the Global Health Emergency: Comparative Economic Law Reflections","authors":"Pierre de Gioia-Carabellese, Camilla Della Giustina","doi":"10.54648/euro2022010","DOIUrl":"https://doi.org/10.54648/euro2022010","url":null,"abstract":"The health emergency sparked off by the spread of the pathogen COVID-19, has led, especially during its first phase, to a situation of scarcity of resources. The problem, in other words, consisted of a disproportion between the demand from individuals who needed to receive emergency care and a situation of limited resources, including health personnel, beds and necessary machinery. Therefore, the multifarious scientific societies have drawn up guidance documents to define access criteria on the basis of the ethical principles developed by Beauchamp and Childress. In light of such a background, the analysis focuses on the legal analysis of the first recommendations adopted in Italy (recommendations and guidelines elaborated first by Italian Society of Anaesthesia, Analgesia, Resuscitation and Intensive Care (SIAARTI) and then amended by SIAARTI Società Italiana Medicina Legale e delle Assicurazioni (SIMLA)). In this scenario, critical issues are identified and later analysed, also in the light of what was decided by the Swiss Academy of Medical Sciences (ASSM), as well as the British counterpart, the National Institute for Health and Care Excellence (NICE). Ultimately, bio-law is at the mercy of a less reputed, yet more strategic, factor: bio-law-and-economics. Covid-19, health resources management, Italian law, UK legislation, a comparison","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46984046","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}
引用次数: 0
The ‘Then’ and the ‘Now’ of Forced Relocation of Indigenous Peoples: Repercussions in International Law, Torts and Beyond 强迫土著人民迁移的“当时”和“现在”：国际法、侵权行为及其后果
IF 0.6
European Public Law Pub Date : 2022-05-01 DOI: 10.54648/euro2022011
M. Holle
{"title":"The ‘Then’ and the ‘Now’ of Forced Relocation of Indigenous Peoples: Repercussions in International Law, Torts and Beyond","authors":"M. Holle","doi":"10.54648/euro2022011","DOIUrl":"https://doi.org/10.54648/euro2022011","url":null,"abstract":"Forced relocations of tribal and indigenous peoples may seem a thing of the past, as few still defend colonialism. It is therefore seen as a historical trait that has reached its conclusion. Nevertheless, forced relocations of peoples still happens to this day, and may happen again; in the Arctic, for instance, several superpowers of this world express much interest in a strategic presence in this specific area. Today, a number of European countries have indigenous peoples on their territories. This article discusses this topic, taking its starting point in a case on forced relocation, which lasted for six decades. This article also discusses how forced relocation is regulated and possibly could be better handled today.\u0000Indigenous People, Tort law, Human rights, Forced relocation, Expropriation, The Thule Tribe, Greenland, Public Liability, Leniency, Compensation Schemes","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43465926","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}
引用次数: 0
‘Respect for Religious Feelings’: As the Italian Case Shows, Fresh Paint Can’t Fix the Crumbling Wall of Blasphemy “尊重宗教情感”:正如意大利案例所示，新油漆无法修复亵渎神明的摇摇欲坠之墙
IF 0.6
European Public Law Pub Date : 2022-05-01 DOI: 10.54648/euro2022015
Tommaso Virgili
{"title":"‘Respect for Religious Feelings’: As the Italian Case Shows, Fresh Paint Can’t Fix the Crumbling Wall of Blasphemy","authors":"Tommaso Virgili","doi":"10.54648/euro2022015","DOIUrl":"https://doi.org/10.54648/euro2022015","url":null,"abstract":"This article examines the relation between free speech and blasphemy laws and assesses whether the latter may still have a place in secular, liberal democracies. After a theoretical introduction on free speech, its function in a liberal society and the possible grounds for restrictions, the analysis will focus on Italy – prototypical case of a country that has experimented with diverse ways of outlawing blasphemy. The article argues that blasphemy laws, even when wrapped in the new clothes of the ‘protection for religious feelings’, perpetuate a favour toward institutionalized religions that is hardly justifiable today from a constitutional or even logical perspective. The privilege enjoyed by stronger religious denominations, the discrimination between different expressions of individual conscience, the chilling effect on free speech in the name of dogmas – these are all issues of serious concern inextricably linked to blasphemy laws that are intolerable in secular, liberal democratic societies.\u0000blasphemy, free speech, freedom of expression, religious feelings, religious sensibilities, freedom of religion, Italy","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43119326","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}
引用次数: 0
Regulating the Smart City in European Municipalities: A Case Study of Amsterdam 管理欧洲城市智慧城市:以阿姆斯特丹为例
IF 0.6
European Public Law Pub Date : 2022-02-01 DOI: 10.54648/euro2022008
Astrid Voorwinden
{"title":"Regulating the Smart City in European Municipalities: A Case Study of Amsterdam","authors":"Astrid Voorwinden","doi":"10.54648/euro2022008","DOIUrl":"https://doi.org/10.54648/euro2022008","url":null,"abstract":"This article studies how local governments interface with the adoption of smart city initiatives, and the challenges this poses from a public law perspective. Although every smart city develops within an administrative territory regulated by a local government, this dimension often remains overlooked in legal and smart city literature. Municipal governments can act as regulators through their existing competences in spatial planning, environmental protection, local by-laws, financial subsidies, and partnerships. However, through an analysis of the Amsterdam Smart City program, this article shows that the smart city challenges this traditional role as regulator. Specifically, it observes four elements: (1) fragmentation, (2) networked governance, (3) multilevel governance, and (4) experimentation. These elements illustrate four challenges for the role and position of municipalities in the smart city: (1) collaborating across municipal departments, (2) steering smart city programs through public-private networks, (3) navigating the limits of local government’s powers on smart city issues, and (4) experimenting with new forms of public procurement. These challenges push municipal governments to find new ways to fulfil their role as public authorities, such as the creation of new municipal departments, the development of soft law instruments, and the use of innovative procurement. Legal research needs to examine these shifts in a context where citizens’ rights are put under pressure.\u0000smart city, municipal government, local government, public-private partnerships, networks, governance, privatization, digitization","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42040508","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}
引用次数: 1
Kosher and Halal Slaughtering Before the Court of Justice: A Case of Religious Intolerance? 法院审理的犹太和清真屠杀:宗教不容忍的案例?
IF 0.6
European Public Law Pub Date : 2022-02-01 DOI: 10.54648/euro2022003
Arie Reich, G. Harpaz
{"title":"Kosher and Halal Slaughtering Before the Court of Justice: A Case of Religious Intolerance?","authors":"Arie Reich, G. Harpaz","doi":"10.54648/euro2022003","DOIUrl":"https://doi.org/10.54648/euro2022003","url":null,"abstract":"In December 2020 the Court of Justice of the EU approved the legality of a decree, adopted by the Flemish Region in Belgium, which introduced an outright ban on slaughtering of animals by means of traditional Jewish and Muslim rites. The Court, which did not adopt the opinion of Advocate General Hogan, effectively nullified an express derogation for ritual slaughtering found in the EU’s regulation on slaughtering. This article will critically examine the Judgment, arguing that it has not only misinterpreted EU regulations, but also compromised the rights of European minorities to religious freedom under the Charter on the basis of questionable and inconsistent arguments of animal welfare.\u0000Animal Welfare, Kosher Slaughtering, Halal Slaughtering, Religious Freedom, Religious Minorities in Europe, European Court of Justice","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42203529","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}
引用次数: 0
EUIPO Boards of Appeal in the Light of the Principle of Fair Trial 公平审判原则下的欧盟IPO上诉委员会
IF 0.6
European Public Law Pub Date : 2022-02-01 DOI: 10.54648/euro2022002
G. Greco
{"title":"EUIPO Boards of Appeal in the Light of the Principle of Fair Trial","authors":"G. Greco","doi":"10.54648/euro2022002","DOIUrl":"https://doi.org/10.54648/euro2022002","url":null,"abstract":"The EUIPO’s Boards of Appeal are called upon to decide on appeals against decisions by the bodies of ‘first instance’.\u0000However, their judicial function has always been denied. Conversely, the essay tends to place the Boards of Appeal of the EUIPO in any case within the concept of ‘court’, as defined by the ECtHR, within the framework of Article 6 ECtHR, because it assesses their independence, impartiality, and in general the guarantees required by the ‘fair trial’, until concluding that it is a paradigmatic model in the overall administration and judicial system.\u0000EUIPO Boards of Appeal, European Court of Human Rights, Court of Justice of the Eurpean Union, EU Charter of Fundamental Rights, Fair trial","PeriodicalId":43955,"journal":{"name":"European Public Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43366530","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}
引用次数: 0
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