2008 LRNC Theme

Public Governance and Private Interests and Law

European welfare states have developed into regulatory states with final instead of direct responsibility. The withdrawal of the state goes together with a stronger own responsibility for civil organizations, companies and individuals, which concerns private as well as public matters. New institutions take position in the framework of a new relation between public and private domain and public and private law. Instead of legislation, alternative instruments as protocols and supervision are used. These developments are obviously also influenced by European law.

The shift in relation between state and society has organizational, normative and procedural dimensions. Changes may appear on different dimensions at the same time. Such a shift has consequences for the legitimacy, effectiveness and efficiency of governmental policy and legal instruments. It may also influence law itself. The coherence of law may decrease. Notions as the principle of legal equality and fair-play are at stake.

Questions that may arise are:

· What are public interests?

· Is there a hierarchy of public interests?

· What type of regulation is suited best for securing public and private interests?

· How can the coherence of law be guaranteed?

Researchers are invited to send in their work on these and related issues to the conference organization (see below). Please note the text above is not meant to constrain researchers in their choice of an issue, but to illustrate its scope.

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