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...
Tag: <span>TUESDAY JUNE 26 2018 9:00 AM – 10:30 AM</span>
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...
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 formalization of interoperable networks: constitutionalising information sharing in the AFSJ?
Information sharing has occurred over the years within the AFSJ in the absence of a comprehensive data protection framework; and on the basis of informal agreements between legally and structurally different bodies, equipped with different tasks, often in contrast with the legality principle. This paper investigates whether today, in the design of law enforcement modalities...
The EU as Global Digital Rule-Maker
The EU has established itself as a leading actor in the field of data protection and privacy with the General Data Protection Regulation (GDPR) entering into effect in spring 2018, replacing the outdated 1995 Data Protection Directive, and enshrining the protection of “European data subjects“ everywhere. Further legislation, on e-privacy and trade secrets protection, aspires...
The diversification of concepts in antidiscrimination law: the case of discrimination “by association“ in front of ECJ and ECtHR
The concept of discrimination has substantially evolved since its first applications in the second part of the 20th century. Indeed, while internal law and international conventions only targeted discrimination grasped as rules causing a disadvantage towards a person or a group on the basis of an illegitimate criteria, new distinctions have emerged. The recent introduction...
The concepts of a state necessity in legal theory
The concept of necessity is deeply rooted in legal traditions of many nations. A medieval Latin sentence: “necessitas legem non habet“ has its equivalents in the most of modern languages. Its meaning and importance in private and public law has evolved over hundreds of years. Despite many attempts, there is still no comprehensive juridical theory...
The Chinese Conception of Cyber Sovereignty and its Practical Effect
This paper will unpack the conception of “cyber sovereignty“ put forward by the Chinese authorities from both ideational and institutional perspectives. It will first trace out the evolution of Chinese authorities‘ understandings of the Internet in the past 20 years and put the recent conception of “cyber sovereignty“ in the historical context. Then it will...
The party‘s over
In the new political world in which left and right are no longer the meaningful anchor points they once were, cosmopolitans have a completely different set of political interests than the localists. From trade and immigration to universal values and tolerance of difference, cosmopolitans throw open the boundaries of cozy and closed groups while localists...