The following was recently sent by the Editor-in-Chief of the German Law Journal:
Dear
Readers,
We are pleased
to announce the publication of the July issue of the German Law
Journal:
“Pas d’ Europe
sans d’Allemagne.”
In an essay
published in Le Monde in September, 1947—amid the still smoldering embers
of the war—the French jurist and sociologist Maurice Duverger raised the
challenging prospect that there could be no Europe without Germany. That may be
truer today than ever before. One of the pistons firing in the German engine at
the heart of today’s Europe is the country’s influential jurisprudence. As long
as this is true, the German Law Journal’s coverage will account for the
intersection of German and European law. We have done that in remarkable
fashion in this, the fourth issue of volume fifteen. Peter
Lindseth, in his
provocative and insightful article, responds in part to the claims former German
Constitutional Court Justice Udo Di Fabio has made about the limits on the
democratic possibilities of a united Europe. Lindseth is referring to a German
debate and by doing so he is helping frame the broader discussion about European
democracy. Roderic
O’Gorman can point, in
part, to German policy in the Eurozone crisis as a basis for the difficult
austerity program Ireland is pursuing. And with some well-placed academic
irony, O’Gorman resorts to the German constitutional jurisprudence recognizing a
right to a subsistence minimum of social welfare support as the basis for
criticizing the German insistence on austerity as part of the Eurozone
recovery. Stefan
Thiel surveys
European constitutional courts’ Lisbon Treaty judgments, including the decisions
of the Czech Constitutional Court, the French Conseil constitutionnel, and the
Polish Constitutional Tribunal. But the German Constitutional Court’s seminal
2009 decision helped set the tone and framework for these dramatic domestic
constitutional engagements with Europe. That decision is given thorough
treatment in Thiel’s article. Even Gábor
Spuller’s article on
developments in Hungarian constitutional law recognizes that this is both a
European story as well as a story about the influence of German law and legal
institutions, if only as models, in Hungary.
The Developments
section has two remarkable contributions as well: Marc
Englehart’s survery of
economic criminal law; and Robert
Muharremi’s thoughtful
examination of Kosovo’s nascent constitutional law and its possible conflicts
with international law.
As ever, we hope
you will enjoy reading this collection and that it will inspire you to offer the
German Law Journal your work for publication. Submit special issue
proposals, articles, commentary, case-notes, reviews and reports at: GLJ-Submit@wlu.edu. The
Journal enjoys a wide readership around the world and continues to
demonstrate its ability to stir debate and impact developments in the law with
an impressive “impact factor” score and the citations it attracts.
We are also
pleased to announce, in conjunction with the Centre for
Security and Society at the
University of Freiburg, a two-day symposium under the title “Privacy and
Power: A Transatlantic Dialogue in the Shadow of the NSA.” The event will
be held in Freiburg on 8-9 July 2014 and will feature commentary and scholarly
presentations from a number of European and American experts in the fields of
security and the legal protection of liberty. The German Law Journal has
often served as a platform for transatlantic dialogue amongst lawyers, jurists
and legal scholars at points of significant disagreement.
Finally, I am
once again obliged to acknowledge the conscientious and professional work of the
student editors at Washington & Lee University. Without their dedication
the German Law Journal could not publish.
As ever – happy
reading – in what I hope has turned out to be both a restful and productive
(despite the compelling spectacle in Brazil!) summer.
Russell
Miller
Editor-in-Chief
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