ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

ing attention in the constitutional legisprudence and
regulation scholarship. The constitutional scholarship
is mainly interested in the constitutionality of temporary
legislation and in judicial review of such legislation (particularly,
whether and how the temporary nature of the
law should impact the proper level of judicial deference
in exercising judicial review). The legisprudence scholarship
is mainly interested in the relationship between
temporary of legislation and evidence-based lawmaking
and “quality of legislation.” The regulation scholarship
is mainly interested in the relationship between
temporary legislation and “experimentalist governance”
and “smart regulation” approaches. This study – the
first empirical study on temporary legislation in Israel
– will try to integrate the three perspectives.
Quirin Weinzierl: Böckenförde and the EU – can
the EU guarantee the prerequisites it lives by?
Facing situations such as in Hungary and Poland the
pressing question is whether the EU is by itself able to
guarantee the prerequisites it lives by (The Böckenförde
dilemma). However, Art. 7 TEU which was established
in order to address such situations seems weak due to
its high threshold for application. The European Commission’s
“New EU Framework to strengthen the Rule of
Law” only provides for an informal framework of dialogue
to solve (potential) violations of the rule of law. Although
the relevant terms of a systemic deficit and the principle
of the rule of law are well established enough to form
the basis of a legal analysis Art. 7 TEU and the Framework
are political not legal in nature. The outcome of
the Commissions actions towards Poland and Hungary
shows that the infringement procedure is the only legal
tool at hand. Options proposed such as a “Copenhagen
Commission” will not add any value at the legal level.
The Böckenförde dilemma thus lives on within the EU.
David A. Vitale: Defining Trust in Public Law
Trust is a concept often referred to by public law
scholars but rarely examined in detail. Despite this
oversight, its importance to public law is apparent. Social
scientists have long recognized the significance
of public trust in government to well-functioning democracies.
Legal scholars in other disciplines (including
contract, trusts, medical and fiduciary law) have
stressed the importance of understanding, and have
sought to examine the relationship between trust and
their respective areas of law. As a first step towards
better understanding the relationship between public
law and trust, this paper seeks to define trust in a way
that may be of use to public law scholars. It does so
in a particular sub-context of public law: the public
administration of social goods and services (e.g. housing,
health care, education and welfare benefits) in a
contemporary democracy with a welfare state.
Dejan Pavlović: Constitutional aspects of the ban
on the far right political organizations in Serbia
The paper aims at providing the analysis of the
Serbian constitutional framework and the recent jurisprudence
of the Constitutional Court on banning
several registered and unregistered political organizations
and formations. The common ground for the
assessed organizations and formations was that their
platforms and activities were directed against constitutional
order, as well as on incitement to racial or
ethnical hatred and discrimination.
Banning of a political organization in a democratic
state is an old controversy. Modern constitutions have
strong human rights foundations, but a democracy
should also have a right to protect itself as a system
of governance. The never ending dilemma – how much
freedom should we provide for the enemies of freedom
– has come again into focus of constitutional scholars
and practitioners worldwide. The activism of the
constitutional courts in Spain and Turkey, as well as
the jurisprudence of the ECtHR, are being carefully
monitored, commented and often replicated.
Concurring panels 125