A key feature of the identity of public law is, as Sabino Cassese has just recalled in an I*CON Guest Editorial, its traditional subdivision into constitutional and administrative law – a subdivision which the ongoing process of constitutionalisation relativises, though. Its degree varies from country to country. Moreover, two megatrends impacting European administrative legal orders,...
The identity of Public Law in view of the Constitutionalisation, Deconstitutionalisation and Europeanisation of French Administrative Law
This contribution aims at analysing the paths and the limits of the constitutionalizing process of French administrative law and to which extent the development of EU administrative law questions it. The peculiarity of France is that historically, administrative law used to develop outside the scope of constitutional law. Things started changing from the end of...
The identity of Public Law in view of the Constitutionalisation, Deconstitutionalisation and Europeanisation of German Administrative Law
While constitutionalisation constitutes a common phenomenon of European administrative legal orders, German administrative law may be regarded as probably the most constitutionalised administrative law system, culminating in Fritz Werner‘s understanding of ‘Verwaltungsrecht als konkretisiertes Verfassungsrecht‘ (‘administrative law as concretised constitutional law‘). Against this background, the article in a first step not only elaborates on the...
The identity of Public Law in view of the Constitutionalisation, Deconstitutionalisation and Europeanisation of Italian Administrative Law
After briefly introducing the concepts of constitutionalisation and europeanisation of the Italian administrative law, the paper deals with the relationship between these two processes, stressing on the one hand their substantial convergences (i.e. the europeanisation partially steers the constitutionalisation of administrative law) and on the other hand underling some problematic aspects. Moreover, the effective role...
The identity of Public Law in view of the Constitutionalisation, Deconstitutionalisation and Europeanisation of Spanish Administrative Law
The relation between administrative law and the Constitution is a traditional topic in Spanish public law. The paper explores three perspectives. First, the interaction among administrative law and the Constitution shall be studied. The latter has many effects on the former, but the process also operates the other way around. This is partially fostered by...