European public law is under construction, but how has this happened and what is its character? Stirn offers that this European public law is being created by the convergence of three circles: the law of the European Union, the regulation of the European Convention on Human Rights, and the different domestic legal orders. The mutually prominent relationship of these constituents has allowed them to develop, most significantly in the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union.
Towards a European Public Law (PDF) begins by reflecting on the different stages of the development of the European project from the end of the First World War. It summarises the transition from the European Coal and Steel Community to the European Union, in addition to the other institutions contributing to these developments.
The discussion then shifts to the European legal order, which contains the law of the European Union and the European Convention on Human Rights. Stirn studies how, despite occasional false starts and frictions, their association is becoming ever closer, and how their features in law are becoming increasingly similar.
Moreover, Stirn evaluates the relationship between European law and national legal systems. The different approach to domestic incorporation of international law, whether it be monist or dualist is considered, along with the acknowledgment that European law is superior to domestic law. The character especially of EU law, and how it compares to domestic and international law are also discussed, in particular its exceptional features but also the principles it shares with domestic law.
In addition, the ebook examines the existence or not in member states of constitutional courts, the level of jurisdictional orders, and the employment and status of judges. Alike trends across Europe in public administration are also accounted for and subjected to evaluation. Stirn deduces that a European model of public administration is becoming apparent.
Review
“The most evident quality of the ebook is its pedagogical aspect … It is obviously an extraordinary tool for entering into the exploration of its object. On each strategic issue, it offers the essential concrete references – case law ones especially – in European law (EU and ECHR) and in the most
noticeable domestic systems.” — Jean-Bernard Auby, Common Market Law Review
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