21.
The Functions of Constitutional Identity Performed in the Context of Constitutionalization of the EU Order and Europeanization of the Legal Orders of EU Member States
(Martin Belov/Essay)
(Martin Belov/Essay)
This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and ...
22.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... the developments of EU law and the need to integrate it with recognition of the constitutional foundations of EU law.The analysis demonstrates this by focusing on a specific case study of institutional ...
23.
Conflicts by Convergence and Deep Disagreements in European Constitutional Law
(Orlando Scarcello/Essay)
(Orlando Scarcello/Essay)
... convergence” and on attempts to conceptualise these issues by means of the concept of “complex antinomy”. It will be argued that this analysis needs some refinement and the concept of “levels of disagreements” ...
24.
Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
(Antonia Baraggia and Maria Elena Gennusa/Essay)
(Antonia Baraggia and Maria Elena Gennusa/Essay)
... human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitutional Court delivered relevant ...
25.
The impossible constitutional reconciliation of the BVerfG and the ECJ in the OMT case. A legal analysis of the first preliminary referral of the BVerfG
(Francesco Pennesi/Note)
(Francesco Pennesi/Note)
In Gauweiler v. ECB, the German Constitutional Court referred for the first time a case to the European Court of Justice. The BVerfG openly doubted the legality of the OMT program of the European Central ...
26.
Implication of Federalism in ‘Federal’ Related Political Institutions: A Conceptual Analysis
(John O. Kalu and Dov Bing/Essay)
(John O. Kalu and Dov Bing/Essay)
While most students of federalism feel satisfied with defining it as involving self-rule and shared rule, there is an inherent laxity in that definition because several institutional forms have dual components ...
27.
The Establishment of Metropolitan Cities in Italy: An Advance or a Setback for Italian Regionalism?
(Giovanni Boggero/Essay)
(Giovanni Boggero/Essay)
... an analysis of its implementation, thereby attempting to make clear whether increased institutional pluralism and differentiation in the local government system will strengthen or weaken Italian regionalism ...
... Mario Monti, presenting the main obstacles to change and possible ways forward. This paper updates the author’s in-depth analysis How the EU budget is financed: The “own resources” system and the debate ...
29.
The emergence of New Economic Governance and its impact on Services of General Economic Interest
(Marta Legnaioli/Essay)
(Marta Legnaioli/Essay)
This paper evaluates the impact of austerity measures on national social protection mechanisms and on the European Social Model. The study is based on an in-depth analysis of austerity measures adopted ...
... systems and enhanced constitutionalism. In the course of the analysis, this paper examines the dynamics and determinants of federalist/subnational politics in Pakistan, the formal constitutional and ordinance ...
31.
Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments
(Astrid Lorenz/Essay)
(Astrid Lorenz/Essay)
... we should expect similar, almost identically shaped policies at the Länder level. However, the analysis brings considerable variations of constitutional activities in this field to the fore: time, frequency, ...
32.
A new Commission for a new era. Is the parliamentarization of the European Commission the way forward?
(Jerónimo Maillo González-Orús/Essay)
(Jerónimo Maillo González-Orús/Essay)
... The Commission seems to be well-fitted for that purpose and therefore it is at the core of my analysis and my reform proposals. After explaining the so called Commission’s paradox (decline but growing ...
33.
The “Arab Spring” and the EU’s “Democracy Promotion” in Egypt: A Missed Appointment?
(Tommaso Virgili/Essay)
(Tommaso Virgili/Essay)
... External Action Service, and therefore the most important testing ground for the newly created EU department. From this analysis it will emerge that, in spite of the attempt to review the European policy ...
34.
Foreword: Continuing Sophistication in Subnational Constitutionalism
(Robert F. Williams/Editorial)
(Robert F. Williams/Editorial)
... framework for comprehensive analysis of subnational constitutions and offers a number of elements for further reflection. ...
35.
Intergovernmental relations in Spain and the United Kingdom: the institutionalization of multilateral cooperation in asymmetric polities
(Víctor Cuesta-López/Essay)
(Víctor Cuesta-López/Essay)
Considering their dynamic and asymmetric character, the Spanish and British territorial constitutions seem particularly suitable for a comparative analysis. As regards the framework for intergovernmental ...
36.
Multilevel Systems and Sub-National Constitutional Politics in Germany: a Qualitative Comparative Analysis
(Werner Reutter/Essay)
(Werner Reutter/Essay)
... I apply a new empirical tool to the research question at hand by using Qualitative Comparative Analysis (QCA). Qualitative – or Configurational – Comparative Analysis is supposed to better contextualize ...
... systems are thus intertwined. (Quasi-)federal constitutional systems adopt different strategies, ranging from a centralist to a dualist approach. A comparative analysis, using indicators for measuring ...
38.
The evolving role of the Italian Conference system in representing regional interests in EU decision-making
(Elena Griglio/Essay)
(Elena Griglio/Essay)
... Councils). Although such Conferences have, over time, conquered a well-defined institutional position also in the stage consisting in the implementation of EU norms, the present analysis is centred on ...
39.
The Territoriality of Fiscal Solidarity: Comparing Swiss Equalisation with European Union Structural Funding
(Sean Mueller - Soeren Keil/Essay)
(Sean Mueller - Soeren Keil/Essay)
... of such solidarity through an analysis of two different forms of “federal” equalisation. Comparing the recently reformed Swiss fiscal equalisation system with the EU structural funds allows us to infer ...
40.
Security Council Resolutions before European Courts: The Elusive Virtue of Non Direct Effect
(Andrea Guazzarotti/Essay)
(Andrea Guazzarotti/Essay)
... an analysis of UN Monitoring Team reports will show how UN institutions also prefer a certain degree of fluidity in the relationship between Security Council resolutions and national and regional legal ...