Ius publicum europaeum
The term ius publicum europaeum ( Latin for: European public law ) is used to describe various current and historical legal phenomena. It is currently used to describe the development of a new state organization law under the sign of European integration . Particular mention should be made of the SIPE (Societas Iuris Publici Europaei) , i.e. the Society for European Public Law and the Ius Publicum Europaeum manual project .
Historically, the term was used early by Joachim Hagemeier. Jus Publicum Europaeum served as the title for a series of country reports on public law in Europe, which appeared between 1677 and 1680.
In addition, the historical droit public de L'Europe and the droit public européen should be emphasized, which includes in particular the Eurocentric international law of the “French era” of international law. However, the understanding of droit public de L'Europe sometimes also included elements of national public law. The designation of the droit public de L'Europe as Jus (or Ius) Publicum Europaeum, which is still widespread in the history of international law today, can be traced back to Carl Schmitt's influence. The decisive factor for this was Schmitt's Nomos der Erde, published in 1950, in the international law of the Jus Publicum Europaeum. However, the concept of a Jus Publicum Europaeum represented therein was not identical to the historical droit public de L'Europe or droit public européen. Rather, it was heavily influenced by Schmitt's writings from the early 1940s, which is particularly evident from the outstanding role of space for the understanding of law.
Both the comparative law and the intergovernmental dimension of earlier uses are reflected in the renaissance of the term against the background of the European legal area. In contrast to the historical conceptions, however, this “new” Ius Publicum Europaeum expresses a European order based on the democratic rule of law.
Individual evidence
- ↑ SOCIETAS IURIS PUBLICI EUROPAEI eV (SIPE)
- ↑ https://www.cfmueller.de/Juristische-Wwissenschaft/Staats-und-Verfassungsrecht-Grund-und-Menschenrechte/Allgemeines/Ius-Publicum-Europaeum-Hardcover.html#t-bersichtderbnde
- ^ Armin von Bogdandy, Stephan Hinghofer-Szalkay, The somewhat uncanny Ius Publicum Europaeum. Conceptual historical analyzes in the area of tension between the European legal area, droit public de l'Europe and Carl Schmitt. In: Journal for Foreign Public Law and International Law (ZaöRV) 73/2, 209–248 (2013), http://www.zaoerv.de/73_2013/vol73.cfm .