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What’s New in Public Law


Robert Rybski, Assistant Professor at the Faculty of Law and Administration of the University of Warsaw, Rector’s Plenipotentiary for Environment and Sustainable Development.


In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere. To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. German Federal Constitutional Court backed retroactive application of the law was justified because of the outstanding importance of the matter backing the seizure of 176 million euros from the bank for its involvement in Cum-Ex trades.
  2. Germany on Friday brought a case against Italy before the International Court of Justice on the grounds that after the 2014 judgment of the Italian Constitutional Court that permitted “individual claims by victims of war crimes and crimes against humanity to be brought against sovereign states”, Italy is continuing to claim World War II compensation, thereby “failing to respect its jurisdictional immunity”.
  3. Italy’s Constitutional Court ruled that children should not automatically be given their father’s surname.
  4. In a 4-3 ruling New York’s highest court ruled that new congressional district maps violate the state constitution’s prohibition against partisan gerrymandering and should be tossed out before the 2022 election.
  5. A selection committee unanimously ruled that Worawit Kangsasitiam, president of the Constitutional Court of Thailand, will leave the post after serving nine years or reaching 75, whichever comes first.

In the News

  1. Germany summoned Turkey’s ambassador to protest a sentence of life in prison that a Turkish court handed to a prominent Turkish civil rights activist Osman Kavala.
  2. Turkey’s President Tayyip Erdogan claimed that a ruling by the European Court of Human Rights for the release of Osman Kavala no longer applied after he was jailed for life this week over anti-government protests held in 2013.
  3. Kazakhstan’s President calls for a referendum to vote on his proposed amendments to Kazakhstan’s Constitution.
  4. Peruvian President presented a constitutional reform bill that allows the formation of a Constitutional Assembly and holding a referendum to consult the public about whether the Constitutional Assembly should be tasked with preparing a new Constitution.
  5. Tunisian President Kais Saied announced that the government will form a committee to write a constitution for a “New Republic” in Tunisia.

New Scholarship

  1. Barbara Grabowska-Moroz, How was the “rule of law” dismantled in Poland and what does it mean for the EU? The decision of the Polish Constitutional Tribunal of 7 October 2021 (K 3/21) – the European game changer or a quasi-judicial bluff?,  Unión Europea y el reto del Estado de Derecho (edited by Susana Sanz Caballero), Thomson Reuters Aranzadi 2022, pp. 277-294 (analyses how the rule of law backsliding in Poland led to the decision of the Polish CT of 7 October 2021, K 3/21, and its consequences).
  2. Rita Abhavan Ngwoke, Sogunle B. Abayomi, An Appraisal of the Power of Pardon under Nigerian Law: Lessons from Other Jurisdictions, Beijing Law Review vol.13 No.2 (2022) (discusses the exercise of the presidential pardon power under the Nigerian Constitution).
  3. Nicholas Aroney, Christianity and Constitutional Law, Forthcoming, John Witte and Rafael Domingo (eds), Oxford Handbook on Christianity and Law, Oxford University Press, 2022 (explores the influence of Christianity on constitutional law throughout the history)
  4. Joshua Llyod, Fair Construction to Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Senior Honors Theses item 1183 (2022) (examines a proper method of constitutional interpretation throughout the history of the U.S. Supreme Court)
  5. Ravikiran Shukre, Establishment of Green Tribunal in India: Ideology and Nexus with the Constitution of India, Supremo Amicus vol. 28 (2022) (analyzes the performance of the Green Tribunal in India)

Calls for Papers and Announcements

  1. The University of Sydney invites applications for Julius Stone Postdoctoral Fellow in Jurisprudence from both legal theory/jurisprudence specialists and public law theorists.
  2. IUS Publicum Network Review calls for papers under the title „Effective law, multilevel government and the pandemic test”. Contributions should be no longer than 80.000 characters and can be submitted by sending an email to coordination.iuspublicum@gmail.com.  
  3. The International Association of Constitutional Law calls for papers for its roundtable in Cordoba, Argentina that will focus on “Political sentiments and moral emotions in Constitutional Law”. Interested parties should submit their CV (no longer than one page) in English, French, or Spanish, along with an abstract of their paper (no longer than 500 words) by May 30, 2022 via email to: iacl.aidc.cordoba.rt@gmail.com.
  4. IUS Publicum Network Review calls for contributions to their special issue, “Closing the circle: the role of public law implementing circular economy”. Proposals should be submitted via email to coordination.iuspublicum@gmail.com.
  5. Faculty of Law of Radboud University calls for papers for the 6th Radboud Economic Law Conference: ‘Services of General (Economic) Interest: State of Play and Current Challenges’, which will take place on 7 October 2022 at the Faculty of Law of Radboud University Nijmegen. Abstracts should be submitted by 10 July 2022.
  6. IUS Publicum Network Review invites short proposals for papers to be included in a special issue on Smart Cities: „New Challenges and new solutions: the dawn of smart cities law”. Submissions should contain a title and abstract no longer than 500 words. Proposals should be sent by October, 31st 2022 to coordination.iuspublicum@gmail.com.

Elsewhere Online

  1. Anna Wójcik, Keeping the Past and the Present Apart. The CJEU, the Rule of Law Crisis, and Decommunization, Verfassungsblog
  2. Dragoș Călin, Case C-205/22, C.D.A. Direct application by the national courts of the European Commission reports issued under the Cooperation and Verification Mechanism, Official Blog UNIO
  3. Radosveta Vassileva, Bulgaria’s Failed Specialized Criminal Justice Experiment, Verfassungsblog
  4. Diego Werneck Arguelhes, Public Opinion, Criminal Procedures, and Legislative Shields: How Supreme Court Judges Have Checked President Jair Bolsonaro in Brazil, Georgetown Journal of International Affairs    
  5. Alberto Alemanno, The Court of Justice of the EU goes (almost) public, Verfassungsblog
  6. Jonatan Mitchel Sisco Martinez, Unconstitutional Eradication of Presidential Term Limits: The Case of El Salvador, IACL-Blog
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Published on May 2, 2022
Author:          Filed under: Developments
 

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