Pub Date : 2022-12-01DOI: 10.1017/S1574019622000438
Joana Mendes
Functional comparison of administrative laws – Development of EU administrative law based on a state-matrix of general principles – Jürgen Schwarze’s approach – Choices of object, objectives, method, assumptions and normative implications – Structural features of the EU administration versus the binary liberty-authority of core principles of national administrative law – Liberal normativist approach – Contemporary critical examination of the legacy of comparative administrative law
{"title":"The Foundations of EU Administrative Law as a Scholarly Field: Functional Comparison, Normativism and Integration","authors":"Joana Mendes","doi":"10.1017/S1574019622000438","DOIUrl":"https://doi.org/10.1017/S1574019622000438","url":null,"abstract":"Functional comparison of administrative laws – Development of EU administrative law based on a state-matrix of general principles – Jürgen Schwarze’s approach – Choices of object, objectives, method, assumptions and normative implications – Structural features of the EU administration versus the binary liberty-authority of core principles of national administrative law – Liberal normativist approach – Contemporary critical examination of the legacy of comparative administrative law","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"18 1","pages":"706 - 736"},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45836640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.1017/S1574019622000426
Robin Gadbled, E. Muir
Introduction to the special section – Actors of EU law – Activities of EU actors – Role definition in EU constitutional law – Constitutional theory – Separation of powers –Relationship between public authorities and individuals – Institutional actors – Private actors – Lobbyists – Law and practice – Legal doctrine – Research methods in EU law – Importance of theoretical frameworks in defining the parameters of legal research
{"title":"Actors and Roles in EU Law: Asking ‘Who Does What?’ in the European Union Legal System","authors":"Robin Gadbled, E. Muir","doi":"10.1017/S1574019622000426","DOIUrl":"https://doi.org/10.1017/S1574019622000426","url":null,"abstract":"Introduction to the special section – Actors of EU law – Activities of EU actors – Role definition in EU constitutional law – Constitutional theory – Separation of powers –Relationship between public authorities and individuals – Institutional actors – Private actors – Lobbyists – Law and practice – Legal doctrine – Research methods in EU law – Importance of theoretical frameworks in defining the parameters of legal research","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"18 1","pages":"621 - 636"},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48883682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.1017/S1574019622000402
Anna Beckers
Private actors as non-institutional, and therefore often overlooked, participants in EU legal processes – A specific focus on their role as private regulators – Private actors such as companies, contracting parties and industry associations, play a pivotal regulatory role in the EU legal order – Classifying the existing legal research on private regulation – A legal-doctrinal approach towards private regulation also needed – Theoretical background of a novel legal-doctrinal perspective on private actors – Addressing the most pressing practical methodological challenges – Specific focus on the problem of accessibility and the difficulty of understanding and interpreting private regulation doctrinally
{"title":"EU Law’s Dark Private Legal Space: Researching Private Regulators and the Importance of Legal Doctrine","authors":"Anna Beckers","doi":"10.1017/S1574019622000402","DOIUrl":"https://doi.org/10.1017/S1574019622000402","url":null,"abstract":"Private actors as non-institutional, and therefore often overlooked, participants in EU legal processes – A specific focus on their role as private regulators – Private actors such as companies, contracting parties and industry associations, play a pivotal regulatory role in the EU legal order – Classifying the existing legal research on private regulation – A legal-doctrinal approach towards private regulation also needed – Theoretical background of a novel legal-doctrinal perspective on private actors – Addressing the most pressing practical methodological challenges – Specific focus on the problem of accessibility and the difficulty of understanding and interpreting private regulation doctrinally","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"18 1","pages":"657 - 681"},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42970173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.1017/S1574019622000384
Emilia Korkea‐aho
Putting ‘lobbyists’ and ‘lobbying’ on the EU law map – acknowledging that there is little interest in lobbying by EU legal research – explaining why EU lawyers and especially constitutional law scholars should be interested in lobbying – presenting a framework to study lobbyists as regulated actors under EU law – considering the merits of ethnographically-oriented socio-legal research and the ‘new legal realism’ as methods of studying lobbyists and lobbying.
{"title":"No Longer Marginal? Finding a Place for Lobbyists and Lobbying in EU Law Research","authors":"Emilia Korkea‐aho","doi":"10.1017/S1574019622000384","DOIUrl":"https://doi.org/10.1017/S1574019622000384","url":null,"abstract":"Putting ‘lobbyists’ and ‘lobbying’ on the EU law map – acknowledging that there is little interest in lobbying by EU legal research – explaining why EU lawyers and especially constitutional law scholars should be interested in lobbying – presenting a framework to study lobbyists as regulated actors under EU law – considering the merits of ethnographically-oriented socio-legal research and the ‘new legal realism’ as methods of studying lobbyists and lobbying.","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"18 1","pages":"682 - 705"},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46643914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.1017/S157401962200044X
B. de Witte
Methodological choices in the legal study of the role of EU institutions – The so-called doctrinal legal method is appropriate, provided that it includes the analysis of key elements of non-legal institutional practice – Simple distinction between the study of ‘law in the books’ and that of ‘law in action’ to be qualified – Doctrinal legal scholarship is meaningful only when it acknowledges and incorporates a certain amount of ‘law in action’
{"title":"Legal Methods for the Study of EU Institutional Practice","authors":"B. de Witte","doi":"10.1017/S157401962200044X","DOIUrl":"https://doi.org/10.1017/S157401962200044X","url":null,"abstract":"Methodological choices in the legal study of the role of EU institutions – The so-called doctrinal legal method is appropriate, provided that it includes the analysis of key elements of non-legal institutional practice – Simple distinction between the study of ‘law in the books’ and that of ‘law in action’ to be qualified – Doctrinal legal scholarship is meaningful only when it acknowledges and incorporates a certain amount of ‘law in action’","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"18 1","pages":"637 - 656"},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47128495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.1017/S1574019622000347
Rafael Bustos Gisbert
Judicial independence in the context of rule of law backsliding – a systematisation of case law from the Court of Justice and the European Court of Human Rights – classic dimensions of objective and subjective independence of judges – a new third dimension: the right of judges to their own independence as final safeguard
{"title":"Judicial Independence in European Constitutional Law","authors":"Rafael Bustos Gisbert","doi":"10.1017/S1574019622000347","DOIUrl":"https://doi.org/10.1017/S1574019622000347","url":null,"abstract":"Judicial independence in the context of rule of law backsliding – a systematisation of case law from the Court of Justice and the European Court of Human Rights – classic dimensions of objective and subjective independence of judges – a new third dimension: the right of judges to their own independence as final safeguard","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"18 1","pages":"591 - 620"},"PeriodicalIF":2.1,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42053216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-28DOI: 10.1017/S1574019622000335
Mathieu Leloup, D. Kosař
It is a well-known maxim in the legal world that hard cases make bad law. Yet, this familiar phrase has long been turned upside down as well, as cases that are – by and large – not too difficult may also lead to judgments that are unconvincingly argued or poorly structured. It is especially disheartening to find such judgments in areas where the stakes are high, and even more so when the judgment has been issued through a more authoritative composition, such as a grand chamber. The Grzęda judgment unfortunately checks all of those boxes. Grzęda v Poland1 was the first Grand Chamber judgment of the European Court of Human Rights on the rule of law crisis in Poland, a topic that has been occupying Europe, together with its two main supranational courts,2 for several years now. The case concerned, in essence, the right of access to a court for Mr Grzęda to
法律界有一句著名的格言，即悬案成恶法。然而，这个熟悉的短语长期以来也被颠倒了，因为总的来说，不太难的案件也可能导致难以令人信服的论点或结构不佳的判决。在事关重大的领域发现这样的判决尤其令人沮丧，当判决是通过一个更权威的组成部分（如大法庭）发布时更是如此。不幸的是，格日达的判决勾选了所有这些方框。GrzÉda v Poland1是欧洲人权法院就波兰的法治危机作出的第一个大分庭判决，这一话题已经占据了欧洲及其两个主要的超国家法院2好几年了。本案实质上涉及GrzÉda先生诉诸法院的权利
{"title":"Sometimes Even Easy Rule of Law Cases Make Bad Law","authors":"Mathieu Leloup, D. Kosař","doi":"10.1017/S1574019622000335","DOIUrl":"https://doi.org/10.1017/S1574019622000335","url":null,"abstract":"It is a well-known maxim in the legal world that hard cases make bad law. Yet, this familiar phrase has long been turned upside down as well, as cases that are – by and large – not too difficult may also lead to judgments that are unconvincingly argued or poorly structured. It is especially disheartening to find such judgments in areas where the stakes are high, and even more so when the judgment has been issued through a more authoritative composition, such as a grand chamber. The Grzęda judgment unfortunately checks all of those boxes. Grzęda v Poland1 was the first Grand Chamber judgment of the European Court of Human Rights on the rule of law crisis in Poland, a topic that has been occupying Europe, together with its two main supranational courts,2 for several years now. The case concerned, in essence, the right of access to a court for Mr Grzęda to","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"18 1","pages":"753 - 779"},"PeriodicalIF":2.1,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48409833","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-16DOI: 10.1017/S1574019622000323
Antonio‐Martín Porras‐Gómez
2021–2027 Recovery Plan for Europe and its Recovery and Resilience Facility have altered elements of the EU institutional equilibrium – constitutional consistency of the ensuing design – implications for the constitutional evolution of the EU – analysis of the expenditure of the Recovery and Resilience Facility – new fiscal economic stabilisation function – conditionality attached to the funds – strengthened role of the Council – nuanced multi-level financial governance – the fiscal stabilisation function enshrines a potential form of constitutional mutation – the new institutional framework for the expenditure of the EU funds seems to lean towards an intergovernmental preeminence
{"title":"The EU Recovery Instrument and the Constitutional Implications of its Expenditure","authors":"Antonio‐Martín Porras‐Gómez","doi":"10.1017/S1574019622000323","DOIUrl":"https://doi.org/10.1017/S1574019622000323","url":null,"abstract":"2021–2027 Recovery Plan for Europe and its Recovery and Resilience Facility have altered elements of the EU institutional equilibrium – constitutional consistency of the ensuing design – implications for the constitutional evolution of the EU – analysis of the expenditure of the Recovery and Resilience Facility – new fiscal economic stabilisation function – conditionality attached to the funds – strengthened role of the Council – nuanced multi-level financial governance – the fiscal stabilisation function enshrines a potential form of constitutional mutation – the new institutional framework for the expenditure of the EU funds seems to lean towards an intergovernmental preeminence","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"19 1","pages":"1 - 24"},"PeriodicalIF":2.1,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44353473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-11DOI: 10.1017/S1574019622000311
H. Hogan
In September 2020, ahead of a trip to Dublin, the EU Economy Commissioner, Paoli Gentiloni, described the imposition of austerity in Ireland as a ‘mistake’.1 This remarkable admission caused barely a ripple, either in Ireland or across the European Union. There were no public protests, no outcry from political parties, no complaints from the media or civil society groups. No one seemed to want to know why, less than a decade before, the public had been unequivocally informed that there was no alternative to the punitive cutbacks in state spending that had caused widespread devastation. Perhaps drawing attention to Commissioner Gentiloni’s remarks would be to invite greater scrutiny into the role of political parties, journalists, economists and others who had perpetuated the narrative that austerity was inevitable, that resistance was futile, and helped to legitimise the choices made by political actors during that era. Unravelling the dominant narrative around the Euro Crisis would be to expose those who continue to defend their legacy during austerity years as one in which they, too, had no alternative.
{"title":"Confronting Emergency Politics","authors":"H. Hogan","doi":"10.1017/S1574019622000311","DOIUrl":"https://doi.org/10.1017/S1574019622000311","url":null,"abstract":"In September 2020, ahead of a trip to Dublin, the EU Economy Commissioner, Paoli Gentiloni, described the imposition of austerity in Ireland as a ‘mistake’.1 This remarkable admission caused barely a ripple, either in Ireland or across the European Union. There were no public protests, no outcry from political parties, no complaints from the media or civil society groups. No one seemed to want to know why, less than a decade before, the public had been unequivocally informed that there was no alternative to the punitive cutbacks in state spending that had caused widespread devastation. Perhaps drawing attention to Commissioner Gentiloni’s remarks would be to invite greater scrutiny into the role of political parties, journalists, economists and others who had perpetuated the narrative that austerity was inevitable, that resistance was futile, and helped to legitimise the choices made by political actors during that era. Unravelling the dominant narrative around the Euro Crisis would be to expose those who continue to defend their legacy during austerity years as one in which they, too, had no alternative.","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"18 1","pages":"780 - 792"},"PeriodicalIF":2.1,"publicationDate":"2022-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49223787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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