ISSN 2412-8120
Key title: European Politeia (Online)
Abbreviated key title: Eur. polit. (Online)

European Politeia

European Politeia is a bi-annual journal of European law, public affairs and society published by the European Public Law Organization under the scientific supervision of the Greek Center of European Studies and Research (EKEME) of the EPLO. The title of the journal highlights the protean relationship between individual freedom and the common interest; we are in permanent quest for a proper balance between the two. The term Politeia remains a signpost in a European vision with its many-faceted implications for a well structured political regime, the autonomy of citizens, and the bond which links the citizen to political society (Arist. NE Ethics 8.10.1, Pol. 4.4.3, Thuc. 2.37 and 6.104).

This is a European-Greek and Greek-European initiative. It is a Greek initiative but European in its outlook and concerns. The orientation of the journal is to offer a Greek perspective on the European project and European values. The Greek element is fundamental because Greece is on the geographical and symbolic frontier of Europe, at the origin of and the inspiration of European values, uniquely exposed, because of its peripheral location, to the pressures of the current crisis. The European aspect in this journal is embodied by, amongst other things, seeking contributions in widely spoken languages, English, French or German. Indeed anyone who reasons in the Greek language, or another language, should be expressing himself or herself for Europe. The need is constant to reframe elements previously identified as national or European without recreating frontiers among the European societies.

The aim of this publication is to provide an additional forum for the ongoing debates on a broad range of issues and particularly those that transcend individual countries. It will hopefully make relevant voices from the South of Europe more accessible to a broader audience. It will be a rewarding exercise to draw from the expertise of many scholars from Greece and other countries. The publication will be open to various theoretical and political perspectives that spring from different experiences and methodological traditions. We do not intend to narrow the frame of the debates.

 

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European Politeia 1 2016

european-politeia-1 2016 coverIn the Theoria part of this issue, dedicated to Statehood in the European Union, Professor Evangelos Venizelos (Aristotle University of Thessaloniki) deals with Statehood and Sovereignty: The Difficult Equilibrium between European Union and Member States in Crisis Management - Refugee Crisis and Brexit. Starting with his definition of the current crisis in the EU, from the financial one to that of refugee and migration flows but also including the part of the crisis caused by a political initiative (of the UK government) and not by economic or international reasons and turned into an institutional and political crisis of Europe as an entity with community and inter¬governmental characteristics, he puts the question: Who is the most effective crisis manager, the nation state or the EU?

A series of papers, originally presented in a Colloquium held at the University of Luxembourg on 10 December 2013, entitled L'Etat dans l'Union européenne, Passion d'un grand acteur follows, on an article by Professor Emeritus Nikos Scandamis bearing the same title. These papers attempt to explore the rich ground of European Governance or Governance of Europe, taking as a starting point the above mentioned article. Professor Eleftheria Neframi (Université du Luxembourg) introduces the exploration and Professor Nikos Scandamis reports on the state at stake in European integration. Professor Olivier Dubos (Université de Bordeaux), Professor Emilios Christodoulidis (University of Glasgow), Professor Emeritus Michel Troper (Université Paris Ouest Nanterre La Défense), and Professor Johan van der Walt (University of Luxembourg), all dwell into the genealogies and methodologies at the root of the juncture of the national state and the transnational Union and into what the project of a social Europe means today.

In the Praxis section, Professor Dr. Christos Gortsos (Panteion University) examines the impact of the current fiscal crisis in the euro area on the Greek banking system and the measures adopted to preserve its stability. In the same section, a series of interesting judgments dealing with the Debt Crisis and its repercussions are summarised and commented on by members of the judiciary (Council of State): Associate Judge Theodora Ziamou, Nikolaos Vagionakis and Christina Tzemou, Assistant Judges, Nikolaos Nikolakis and Eirini Spanaki, Assistant Judges, and Georgia Skiada, Assistant Judge.

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European Politeia 2 2015

Cover-Editorial EurPol 2 2015In the second volume of European Politeia for 2015, the focus is once again on the enduring Greek debt crisis, which has been exacerbated by an unconsidered implementation of austerity measures combined with failed efforts to alleviate burdens of state and society and with a political instability that further hinders any idea of investment in the Greek economy. The volume addresses particular aspects of legal, economic and political practice while tackling broader issues likely to shed light on underlying factors of the crisis as a prerequisite of any effective remedy. In the process, we get a better understanding of the European governance under which we are bound to live.

The first issue of this Journal contained two accounts which systematically surveyed the avalanche of the economic and legislative measures which were taken in the context of the EFSF assistance programme for Greece. As previously announced, the section "Praxis" of the present issue of the Journal contains an account which illustrates the reaction of the judiciary to such measures. Theodora Ziamou, Judge at the Greek Council of State, presents a short overview of the "crisis jurisprudence" of the Greek Council of State aiming particularly at setting out the extent of the judicial application of constitutional principles in times of crisis - a crisis that is not only a crisis of the economy, but also a crisis of the law and of the legal institutions known so far (Controlling the Legislator's Intent in the "Crisis Jurisprudence" of the Greek Council of State). Apart from that, the issue at hand features contributions spanning a diverse range of legal and political questions with a special focus on the Greek crisis and its effects. Professor emeritus Nikos Scandamis (Qu'en est-il de la démocratie face au néo-libéralisme? La dette souveraine en termes de gouvernance européenne) presents the ways in which the Greek case illustrates the interaction of the parliamentary democracy of the Member States and the democracy between States on a transnational level, particularly between the States that comprise the Eurozone. Manolis Perakis (The Passive Form of Judicial Activism: Judicial Self-restraint while Balancing Fundamental Rights and Public Interest in the Age of Economic Crisis) and George Karavokyris (Constitution and Necessity in Times of Crisis: An Alternative Way of Understanding the Complicated Relation between Law and Politics) both focus on the stance of the national and international judiciary towards the question of infringement of fundamental rights by the governmental austerity measures during the Greek crisis under the light of the similar concepts of "state of emergency" and "necessity", thereby addressing the issue of the relation between politics/ governance and the law. Katerina Pantazatou and Michail Rodopoulos' joint article (A "Typus" as an Appropriate Legal Tool for the Interpretation of the "No Bail-out" Clause: The 'Private Investor Principle') presents the academic debate on the interpretation of Article 125 TFEU both from the standpoint of the CJEU and that of the Bundesverfassungsgericht. Georgios Poulakos (Quelle autonomie fiscale pour la zone euro?) addresses the enhancement of a legal frame of fiscal consolidation after the adoption of the "Two Pack" (Regulations 472/2013 and 473/2013) taking a critical approach to various attempts undertaken to determine a model of conduct for Member States, related to both their power to design national tax legislation and their right to levy funds by recourse to loans.

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European Politeia 1 2015

european politeaEuropean Politeia is a bi-annual journal of European law, public affairs and society published by the European Public Law Organization under the scientific supervision of the Greek Center of European Studies and Research (EKEME) of the EPLO. The title of the journal highlights the protean relationship between individual freedom and the common interest; we are in permanent quest for a proper balance between the two. The term Politeia remains a signpost in a European vision with its many-faceted implications for a well structured political regime, the autonomy of citizens, and the bond which links the citizen to political society (Arist. NE Ethics 8.10.1, Pol. 4.4.3, Thuc. 2.37 and 6.104).

This is a European-Greek and Greek-European initiative. It is a Greek initiative but European in its outlook and concerns. The orientation of the journal is to offer a Greek perspective on the European project and European values. The Greek element is fundamental because Greece is on the geographical and symbolic frontier of Europe, at the origin of and the inspiration of European values, uniquely exposed, because of its peripheral location, to the pressures of the current crisis. The European aspect in this journal is embodied by, amongst other things, seeking contributions in widely spoken languages, English, French or German. Indeed anyone who reasons in the Greek language, or another language, should be expressing himself or herself for Europe. The need is constant to reframe elements previously identified as national or European without recreating frontiers among the European societies.

The aim of this publication is to provide an additional forum for the ongoing debates on a broad range of issues and particularly those that transcend individual countries. It will hopefully make relevant voices from the South of Europe more accessible to a broader audience. It will be a rewarding exercise to draw from the expertise of many scholars from Greece and other countries. The publication will be open to various theoretical and political perspectives that spring from different experiences and methodological traditions. We do not intend to narrow the frame of the debates.

The first issue of the European Politeia has just appeared. For more on this first issue...

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