1.
Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
(Jens Woelk/Essay)
(Jens Woelk/Essay)
... powers and the organisation of the judiciary. An important question regards the interrelation with the principle of uniformity of the jurisdiction and the general legal system of the State. According ...
2.
Can Asymmetrical Constitutional Arrangements Provide an Alternative Answer for the Disputed? Bringing Constitutional Asymmetries into Play in the Middle East Peace Process
(Maja Sahadžić /Essay)
(Maja Sahadžić /Essay)
Most traditional federal theory remains rooted in the notion that asymmetrical constitutional arrangements within a state structure are somewhat exceptional. According to contemporary federal theory, however, ...
... concept at stake, depending on the forum considered. According to the AoA, food security is conceived as an exception. It does not consider the individual condition, but focuses either on a country’s agricultural ...
4.
Federalism in post-conflict states: Assessing Somalia's challenges and the way forward
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
... power sharing; judicial power sharing; and fiscal federalism. According to the research findings, poor knowledge of federalism, considering federalism as a clan-based system, and political corruption are ...
According to many legal and political scientists the Austrian Bundesrat is generally considered to be a paradigmatic example of a politically and legally weak second chamber embedded in a strongly centralised ...
6.
Shared Rule vs Self-Rule? Bicameralism, Power-Sharing and the 'Joint Decision Trap'
(Arthur Benz/Essay)
(Arthur Benz/Essay)
... shared rule and protect self-rule. Comparative studies can identify these conditions, and appropriate ways to adjust institutional designs of bicameralism accordingly, bearing in mind that significant ...
7.
Eurosceptic Federalism: Paradoxes and Relevance of a long-running Critique of European Integration
(Tommaso Visone/Essay)
(Tommaso Visone/Essay)
... possible European federation. According to the first group the process of integration has been better than nothing while, the opinion of the second is that the same process has been worse than nothing. ...
8.
Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself
(Ming-Sung Kuo/Essay)
(Ming-Sung Kuo/Essay)
... models by moving towards a weak-form constitutional order. In the event, the debate, as to whether to conduct the EU’s external relations according to the constitutional or the administrative model, is ...
9.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... in the European Union. Indeed, both strands of legitimation of public power are represented here with original proposals, according to the specificity of the supranational condition. But even more interesting ...
... to achieve this goal. Strengthening the EMU’s democratic profile is a fundamental requirement for the sustainability of the EMU as much as its completion with a fiscal and economic arm. Yet, according ...
11.
An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union
(Edward Grodin/Essay)
(Edward Grodin/Essay)
... At the same time, the focus will be redirected from substantive limits to procedural controls; accordingly, this Note advocates for a European Administrative Procedure Act. ...
12.
Reform options for the EU budget – First reflections on the new departure for a new EU budget
(Mario Kölling/Essay)
(Mario Kölling/Essay)
There is a long standing debate on the reform of the EU budget. According to the final agreement on the Multiannual Financial Framework (MFF) 2014-2020 signed in December 2013, the Commission will present, ...
13.
Constitutional bases in the federal conflict over access to health care of undocumented immigrants in Spain
(Irene Sobrino Guijarro/Essay)
(Irene Sobrino Guijarro/Essay)
... social sphere are allocated to different levels of government according to a shared pattern, whereby the central level establishes framework legislation to be complemented and implemented by each of the ...
14.
National Supreme Courts and the EU Legal Order: Building a European Judicial Community through Networking
(Simone Benvenuti/Essay)
(Simone Benvenuti/Essay)
... It first focuses on supreme courts' self-perception as European courts. For that purpose, it analyzes the loose understanding by national courts of the obligation to refer a question according to article ...
15.
EU Citizenship before the CJEU: On the importance of the application of the proportionality principle
(Carmen Román Vaca/Essay)
(Carmen Román Vaca/Essay)
Courts use the proportionality principle to ensure the legitimacy of their decisions. According to Harbo (2010), the CJEU is interpreting the principle in different ways, determined by the different areas ...
16.
The need for sub-national constitutions in federal theory and practice. The Belgian case
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
Comparative constitutional scholarship identifies sub-national constituent power as one of the defining features of federal systems. Moreover, according to public choice theory, devolutionary federal systems ...
The Author analyses the normative framework and the use of the referendum in Italy, at regional and local level. According to the Author, this level of the analysis could even be used as a preliminary ...
18.
The ‘enemy’ at the gates? Assessing the European military contribution to the Libyan war
(Fabrizio Coticchia/Essay)
(Fabrizio Coticchia/Essay)
According to the ‘Defense Strategic Guidance’ (2012), the growing military capabilities of US allies will create new opportunities for sharing responsibilities in world affairs. The US strategic document ...
19.
Constitutional Failure or Constitutional Odyssey? What Can We Learn From Comparative Law?
(Giuseppe Martinico/Review article)
(Giuseppe Martinico/Review article)
According to many scholars, the rejection of the Constitutional Treaty and the disappointment caused by the contents of the Lisbon Treaty –- defined by Somek (2007) as a mere post-Constitutional Treaty ...
20.
The transfer of State Property to Regions and Local Authorities within the Italian Fiscal Federalism Reform
(Filippo Scuto/Essay)
(Filippo Scuto/Essay)
... assets and properties to territorial bodies according to this legislation is the first step in the implementation of the Fiscal Federalism Reform. The article analyses in depth the legal framework of this ...