In This Issue

AuthorAgustín José Menéndez
Publication Date01 Sep 2016
In This Issue
Chiti scans the bits and pieces of European administrative la w to provide a systematic
assessment of its actual functioning. Chiti nds that the mix of law and governance that
makes up Europeanadministrative law is hampering the properconstitution and structur-
ing of administrative power. Thisresults not only in administrativeinstability (and thus in
poor performanceof public authorities) but also in European lawfailing to strike the nec-
essary delicate balance between administrative efciency and the constitutionally man-
dated respect for diversity.
Jotter reconsiders conflicts between economic freedoms and fundamental rights. On
the basis of a reconstruction of the case law of the Court of Justice that is at the
same time sensitive to the int ernalview of the Luxembo urg judges and to the
socio-economic perception of the underlying issues at stake,Jotter criticises the proclivity
of supranational judges to oversimplify conflicts, not taking into account the extent to
which socio-economic subjective rights, collective rights and collective goods cannot be
easily and automatical ly translated into a single i diom crafted in the sembla nce of
economic freedoms.
The core of this issue is made up of a special section on the transformation of Euro-
pean private law. The reader will nd a detailed introduction and o verview in
Comparatosarticle. I would like to emphasise the extent to which the articles that make
up the section contribute not only to their speciceld but are also very likely to be of
interest to all those interested in EU law and integration, even if not particularly focused
on the intricacies of private law. This is so for at least two reasons. One is the extent to
which the authors render explicit the clear relationship that exists between the transfor-
mation of European law in general and that of European private law in particular. This
is a powerful reminder of the fact that ev en if the series of crises that the Europ ean
Union has been undergoing in the last decade may well manifest themselves spectacu-
larly in one speciceld, the said crises are bound to affect European law as a whole
(as Micklitz, Dagan and Svetiev show in their contributions). The second reason is that
the authors provide a contextual analysis of their topics, which is rounded off by a crit-
ical rejoinder by Hesselink.
Some months ago, the editorial board decided to discontinue short book reviews and
replace them with in-depth review articles. This is a difcult genre, but one which seems
to us is more congenial to the ELJ. In this spirit, Lindseth engages in a sympathetic but
highly critical way with Kaarlo Tuoris magisterial reconstruction of the transformation
and content of European co nstitutional law. Lind seth puts forward an empiri cally
grounded criticism of the very constitutional grammar with which not only scholars but
also judges have tended to construct European Union law. In particular, Lindseth chal-
lenges the readiness wi th which Tuori (and a good d eal of EU scholarship) sl ips into
accepting the positive normative implications associated to the characterisation of a legal
order as constitutional. Characterising EU law as ifnot only a constitutional order, but
as ifa democraticconstitutional order may well havealways been a step too far. But the
way Europe livesnow, to paraphrase a British novelist, has renderedthe dangers involved
in such too quick an assumption painfully evident by half.
European LawJournal, Vol. 22, No. 5, September 2016,pp. 572575.
© 2017 JohnWiley& Sons Ltd. 9600 Garsington Road,Oxford, OX4 2DQ, UK
and 350 Main Street, Malden,MA 02148, USA

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