K. Kompos, Studies in European Public Law: Thematic, National and Post-National Perspectives, 2010
The purpose of this book is to mark and illustrate the significant contribution of the process of European Public Law (EPL) to legal scholarship. EPL is defined as the reciprocal and multidirectional exchange of influences between national legal systems and post-national legal orders functioning as common framework systems.
This book consists of interrelated essays on the nature, development of application in thematic areas of public law and in the national legal orders. The contributors were asked to concentrate on the preceding definition of EPL and to examine the effects on that process on certain fields of national law, such as judicial review, principles of review, state liability, standing rules and protection of human rights.
The structure of the book is divided in four parts: contextualisation of EPL, the national legal dimension, the thematic perspective and the prognosis about the future of EPL. In that last part, the assessment of the future of EPL is approached with the conclusion that as long as the essential components of the process remain relatively unaltered, then the process of EPL will continue to perform an important role in the development of legal doctrine especially in the area of administrative law and also in the context of peripheral areas like taxation, migration, government by contract and employment law.
Finally, it must be clarified that the methodology adopted is that provided by the definition of EPL, thus although there is a comparative element, this book is not a comparative treatise. Conclusively, the collection grew out of two conferences organised by the Law Department of the University of Cyprus, a department that was founded only recently, and the objective has been to introduce the process of EPL to this new audience while at the same time presenting the findings of this book to the broader legal community of Europe.
Notes on Contributors
Table of Cases
1. Introducing the Study
PART I: CONTEXTUALISATION OF EUROPEAN PUBLIC LAW
2. Etymological, Ontological and Conceptual Dimensions of European Public Law
3. Administrative Law Beyond Nation-State Administrations: the ‘Europeanisation’ of Public Law
PART II: THE NATIONAL LEGAL DIMENSION
4. Judicial Review in England and Wales and European Public Law – Challenges and Developments.
5. Cyprus Public Law as affected by accession to the European Union
6. The Supreme Court’s of Cyprus Approach to Standing for Judicial Review and to the Preliminary Reference Procedure
PART III: THEMATIC STUDIES IN EPL
7. Public Liability: European Influence and Domestic Change
Mike Varney and Patrick Birkinshaw
8. Fundamental Rights and Fundamental Economic Freedoms: the end of Ordoliberalism and the Right to Collective Action
9. Harmonisation and Direct Taxes-Is it Really Needed?
Christiana HJI Panayi
10. Terrorism, Secrecy and Human Rights
11. The Principle of Proportionality and the Effects of EPL
PART IV: WHAT THE FUTURE HOLDS?
12. Goodbye to All That – The End of the Post 1992 European Legal Order?
13. The ‘End of the Beginning’ for EPL?