1.
Regional responses to COVID-19: A comparative analysis of EU and ASEAN policies to counter the pandemic
(Maria Papageorgiou and Daniella S. Nogueira Melo/Essay)
(Maria Papageorgiou and Daniella S. Nogueira Melo/Essay)
... approaches and mechanisms employed. The study also showcases the divergence in perceptions and acts of solidarity while dealing with COVID-19 as a communicable disease. The findings further indicate that ...
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)
... constitutional asymmetry may provide grounds for the sustainability of the system. To this end, a more comprehensive approach is needed to investigate constitutional asymmetries as a mechanism for accommodating ...
... the competencies and the composition of the court. The project thus combines attitudinal/behaviorist and institutional-theoretical approaches to provide answers to the research question at hand. To provide ...
4.
Reimagining Congress's Treaty-Implementing Authority: An Originalist Case for the Unexplored Middle Ground
(Robert A. Flatow/Essay)
(Robert A. Flatow/Essay)
... because it is necessary and proper to making future ones. Congress’s power to implement treaties is not unlimited, however, and the approach herein expects it to account for its efforts to accommodate ...
5.
The commons: an innovative basis for transnational environmental law in the era of Anthropocene? The case of Latin America
(Domenico Giannino and Antonio Manzoni/Essay)
(Domenico Giannino and Antonio Manzoni/Essay)
... be found in the theory of the environmental commons (henceforth, simply “commons”). To do this, we will first identify five core points characterising the new environmental justice approach of the ...
6.
The Contribution of COSAC to Joint Parliamentary Scrutiny in the EU: A Practitioner’s View
(Bruno A. Dias Pinheiro/Essay)
(Bruno A. Dias Pinheiro/Essay)
... forward some ideas and approaches regarding the role of COSAC in the effectiveness of interparliamentary cooperation, covering not only its present proceedings and output, but also some thoughts for further ...
7.
History of a (Limited) Success: Five Points on the Representativeness of the Committee of the Regions
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
... the ambiguous nature of the CoR is the consequence of the polysemous notion of ‘region’ in EU law (Palermo, 2005) and of the very heterogeneous approach to the ‘federal issue’ in Europe. In the second ...
8.
Socialisation and legitimacy intermediation in the Council of the European Union
(Kamil Ławniczak/Essay)
(Kamil Ławniczak/Essay)
... disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. ...
9.
The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence
(Sérgio Coimbra Henriques/Essay)
(Sérgio Coimbra Henriques/Essay)
... disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. ...
10.
Eurosceptic Federalism: Paradoxes and Relevance of a long-running Critique of European Integration
(Tommaso Visone/Essay)
(Tommaso Visone/Essay)
... necessity to defend national sovereignty against the threat of Brussels. But if we take a more in-depth look, we can see how European Integration has fed two different approaches to European federalism: ...
The paper focuses on Canadian Provinces’ role in migrant selection. After an asymmetric approach, that benefited only Quebec, the federal government granted devolutionary powers in migrant selection to ...
12.
Constitutional and administrative paradigms in judicial control over EU high and low politics
(Pola Cebulak/Essay)
(Pola Cebulak/Essay)
... depend more on the policy domain, and be made case by case, which suggests politically sensitive adjudication, rather than a coherent approach to legitimizing the nascent judicial review in EU external ...
13.
The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection
(Geraint Howells and Gert Straetmans/Essay)
(Geraint Howells and Gert Straetmans/Essay)
... may be suboptimal, even in the presence of comprehensive and correct information. The CJEU’s approach contributes to more convergence in consumer protection throughout the EU. Yet, in terms of legitimacy, ...
14.
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)
... based on a socio-legal approach, deliberately avoiding the predominant legal realist and legal positivist discourses. This is due to the fact that a functional analysis presupposes admitting the existence ...
15.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... of EU law shall therefore complement the supranational delegation paradigm. Only in this wider approach can the legitimacy of EU agencies’ powers be framed and accommodated in the composite nature of the ...
... principles. At the same time such a system of values does not fit with the “Asian Values approach”. Thus the ASEAN Sonderweg results as an original hybrid of western and local values that goes beyond the ...
... are combined with the adoption of a deferential approach by the Courts that generally legitimized the accounting devices adopted by the States. The outcome is a system in which budget policies are influenced ...
18.
Clarifying Limbo: Disentangling Indigenous Autonomy from the Mexican Constitutional Order
(Ian Flannigan Sprague/Essay)
(Ian Flannigan Sprague/Essay)
... and territorial autonomy of indigenous groups. This paper contrasts the Mexican approach to this problem to that of the United States, first describing Mexico’s 2001’s constitutional reforms and their ...
19.
Sovereignty and Democracy: Overcoming Supranational Mutual Double-Binds from the Eurozone
(Francesco Pigozzo/Essay)
(Francesco Pigozzo/Essay)
... of Europe’s situation and avoid for this reason a fully structural approach to the institutional reforming process in the EU: a ‘sovereignty double-bind’ and a ‘democracy double-bind’. An effective roadmap ...
20.
Article 260 TFEU Sanctions in Multi-Tiered Member States
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
... procedures and financial sanctions under art. 260 TFEU. This article approaches this question both from the perspective of the Commission and the Court of Justice, as well as from the vantage point of ...