What’s New in Public Law

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—Claudia Marchese, Research Fellow in Comparative Public Law at the University of Sassari (Italy)

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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. On 9 February 2023 the Spanish Constitutional Court deemed constitutional the abortion law in force since 2010.
2. For the second time the Portuguese Constitutional Court has rejected a bill aimed at legalising euthanasia.
3. On 24 January 2023 the Federal Constitutional Court of Germany ruled that the increase in state funding of political parties voted in 2018 is unconstitutional because it violates the principle that political parties be sufficiently free from state interference.
4. With the decision no. 14/2023, published on 9 February 2023, the Italian Constitutional Court ruled that the provision of vaccination obligations for healthcare personnel do not constitute an unreasonable nor disproportional measure if the goal is to prevent the spread of viruses and to safeguard the functionality of the healthcare system.
5. On 12 January 2023, the Belgian Constitutional Court judged that article 108 of the Law on the establishment of the Data Protection Authority is unconstitutional because it does not grant interested third parties the right to lodge an appeal against a decision of the Litigation Chamber of the Belgian Data Protection Authority.

In the News

1. Turkish President Recep Tayyip Erdoğan declared a state of emergency in regions devastated by earthquakes, thus giving the government wide-ranging powers to intervene.
2. On 9 February 2023 South Africa’s President has declared a state of disaster to deal with an unprecedented energy crisis.
3. On 9 February 2023 the Ukrainian President Volodymyr Zelensky reached the European Parliament in a formal sitting. In the same day, Parliament’s Conference of Presidents (EP President and leaders of political groups) reaffirmed its solidarity with the people of Ukraine and support for Ukraine’s independence, sovereignty and territorial integrity.
4. On 19 January 2023 the European Parliament called for more sanctions against Iranian regime considering the massive violations of human rights.
5. On 9 February 2023 Government of Nicaragua released 222 political prisoners which were welcomed by the United States.

New Scholarship

1. Richard Albert, Multi-Textual Constitutions, 109 Virginia Law Review (forthcoming 2023) (This new article explains, illustrates, and theorizes the design and operation of multi-textual constitutions with reference to current and historical constitutions all around the world).
2. Matej Avbelj (ed.), The Future of EU Constitutionalism (2023) (This book questions the future of the European project considering the recent challenges to EU constitutional law, namely the pandemic and the political schisms emerging across the European Union).
3. Samuel Issacharoff, Democracy Unmoored. Populism and the Corruption of Popular Sovereignty (forthcoming 2023) (This volume shows in detail how populism is eroding political institutions in democracies around the world).
4. Conrado Hübner Mendes, Roberto Gargarella, Sebastián Guidi (eds.), The Oxford Handbook of Constitutional Law in Latin America (2022) (This book explores the constitutional law landscape in Latin America, adopting a multi-jurisdictional approach to the analysis of constitutions and constitutional traditions in seventeen Latin American countries).
5. Florian Meinel, Germany’s Dual Constitution. Parliamentary Democracy in the Federal Republic (2023) (This book offers a compelling and persuasive framework for understanding the German constitutional system deepening the institutional structure and the parliamentary democracy).
6. Ignatius Yordan Nugraha, Protection of Constitutional Identity as a Legitimate Aim for Differential Treatment: ECtHR 9 June 2022, No. 49270/11, Savickis and Others v Latvia (2023), European Constitutional Law Review (exploring a landmark case where protection of constitutional identity is recognised as a legitimate aim for differential treatment)
7. Thomas Verellen, Foreign Relations Federalism. The EU in Comparative Perspective (forthcoming 2023) (This book explores the foreign affairs constitution of four federal unions, including the EU, within an integrated theoretical framework).

Calls for Papers and Announcements

1. Columbia Law School invites submissions for a workshop in comparative constitutional law that will focus on themes linked to the theory and practice of constitutionalism in the Global South. The workshop will be held on 20-21 October 2023 at Columbia Law School in New York. The deadline to submit an abstract is 1 March 2023.
2. The Max Planck Foundation for International Peace and the Rule of Law will host online the formal launch event for Volume 25 of the Max Planck Yearbook of United Nations Law (UNYB) on 24 March 2023.The online discussion will be dedicated to “The Lasting Legacy and Future of the United Nations and International Law”.
3. The Italian Association “Diritto pubblico comparato ed europeo” (DPCE) is pleased to announce the call for papers for the 9^th Annual Conference, to be held at the University of Milan on 15-16 September 2023, on the following subject: “Constitutional Jurisdictions and Political Powers: A Comparative Perspective”. The deadline to submit an abstract is 10 March 2023.
4. Eurac Research is organizing a Marie Skłodowska-Curie Week, taking place online from 15 to 19 May 2023. During this week, researchers will work on their applications for the MSCA Postdoctoral Fellowship together with senior researchers at Eurac Research and will be trained by MSCA experts and evaluators on the dos-and-don’t of the MSCA fellowship proposal. The deadline for the application to participate in this training week is 27 March 2023.
5. DIPEC, Research Group on European and Comparative Public Law at the University of Siena, convened a conference on “The Principle of Equality: New and Old Challenges” that will be held on 15-16 June 2023. Conveners encourage submissions from both PhD candidates and young scholars at the early stage of their academic careers by 15 March 2023.
6. The Foundation Maison des Sciences de l’Homme (FMSH) promotes the “Directeurs d’Études Associés” (DEA) program which is aimed at providing financial support for the mobility in France of foreign professors for a period of four to six weeks in order to carry out a research in social sciences. Applications can be sent by 31 March 2023.
7. Maastricht University has organized an online discussion, entitled “European Administrative Law Dialogues”, to be held on 3 March 2023. This discussion seeks to set the scene for further discussions about the intellectual, conceptual, social, legal and practical interactions between comparative administrative law in Europe on the one hand and European administrative law on the other hand. 
8. Until 30 April 2023 it is possible to apply to spend a period between two and eleven months as visiting fellows at the Robert Schuman Centre for Advanced Study of the European University Institute.

Elsewhere Online

1. Rodrigo Kaufmann, The Chilean Constituent Process: Take 2, Verfassungsblog.
2. Joseph H.H. Weiler, Israel: Cry, the Beloved Country, Verfassungsblog.
3. Alberto Alemanno, Qatargate: A Missed Opportunity to Reform the Union, Verfassungsblog.
4. Toby S. James, Paul Bernal, The UK needs an electoral data revolution to boost turnout and democracy, LSEblog.
5. Merel Vrancken, Beating Brown v. Board of Education? Overrepresentation and desegregation measures in Elmazova and Others v. North Macedonia, Strasbourg Observers.