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PUBLIC LAW AS A VICTIM OF THE ECONOMY

Keywords: public law , private law , economy , legitimization , victim

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Abstract:

Every day of 2009 has a common speech: economic crisis and its consequences, not only in economic topics, but also in few others domains, connected with the real economy.However, in this public speech, it was a problem: we must find a guilty element, because it must be someone who was not able to function correct, to not respect some rules that was good many years, but not in first years of 21st century. And, as always, every specialist and whole political class offered an answer. But this is not enough: a crisis has not only causes, but t has its victims.The globalization was one of them; human rights – in few states, young generation is a perpetual victim. In legal branch, the consequences were much simple: private law (banking law and commercial law) didn’t suffer too much, but public law – because whole eyes were settled in this direction – felt this pressure. State intervention in the economy was considered not really political correct, not really a benefit for economies, but something necessary. In fact, public law was considered only a reserve. In this case, can we speak about a delegitimization of public law? Is the purpose of public law available for 21st century or it become now only a simple reserve, necessary only to solve the “side-slip” of the private law? And, because the connection between private law and the economy is too strong, can we see now the public law as a victim of the economy?

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