21.
The emergence of New Economic Governance and its impact on Services of General Economic Interest
(Marta Legnaioli/Essay)
(Marta Legnaioli/Essay)
... of new economic governance have had an impact on the organization and provision of SGEIs and have affected the solidity of the national welfare state. It will be argued that in this context the promotion ...
In this article I argue that the EU budget is (slowly) moving from a budget based on the rationale that richer EU countries help poorer EU countries in exchange for their engagement to the process of economic ...
23.
Promoting solidarity in crisis times: Building on the EU Budget and the EU Funds
(Katerina Pantazatou/Essay)
(Katerina Pantazatou/Essay)
... measures and the potentials of attributing the EU fiscal capacity, it aims to conceptualize the notion of solidarity as redistribution as this has evolved by reason of the crisis. The article argues that ...
24.
International Dictatorship or International Democracy. A Discussion of Albert Camus’ 1946 Considerations
(Tommaso Visone/Essay)
(Tommaso Visone/Essay)
In the series Neither Victims Nor Executioners (1946) the Franco-Algerian writer Albert Camus argued for the need of a relative utopia that would allow man, who refused the logic of murder and violence, ...
... interests inherent in the concept of crime as a material notion. I argue that the application of the interpretation of the ECJ to crimes against collective interests is insufficiently justified. As a result, ...
26.
An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union
(Edward Grodin/Essay)
(Edward Grodin/Essay)
This article analyzes the degree of convergence between the United States and the European Union regarding the structural role of administrative agencies. As will be argued, the United States and European ...
27.
Margins of Nationality. External ethnic citizenship and non-discrimination
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
... to acquire the nationality of the state. Indeed, such distinctions seem to be growing with the revival of ethnic and nationalist aspirations that Europe has witnessed for some years. We argue that human ...
... discusses a number of reforms which could strengthen the role of the extra-parliamentary parties as ‘representative’ actors. It argues that the role that the Europarties play in the Union today would have ...
29.
Eurozone, non-Eurozone and “troubled asymmetries” among national parliaments in the EU. Why and to what extent this is of concern
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... undermine other. The article argues that such an outcome is produced by the combined effects of EU and international measures with national constitutional rules and case law, which can confer more or less ...
30.
The Evolutionary Economic Implications of Constitutional Designs: Lessons from the Constitutional Morphogenesis of New England and New Zealand
(Benjamen F. Gussen/Essay)
(Benjamen F. Gussen/Essay)
... Constitutional economics, through the works of its founding father, James Buchanan, is employed to explain the effects of these constitutional choices. The paper argues that empowering local government ...
31.
The Role of Subnational Constitutions in Accommodating Centrifugal Tendencies within European States: Flanders, Catalonia and Scotland Compared
(Dirk Hanschel/Essay)
(Dirk Hanschel/Essay)
... empowerment to establish fully-fledged subnational constitutions and through the active use of that empowerment. The author argues that subnational constitutions, whilst not acting as a panacea, may serve ...
32.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... what? This paper argues that the principle of subsidiarity is one of the key components of a system of multilevel governance. Subsidiarity is commonly assumed to require power to reside ‘as close to those ...
33.
Thinking ahead of disasters. The role of risk regulation in the European Union
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... (EU) approach to the regulation of risks of potential catastrophic impact by framing it in the context of resilience. In so doing, it argues that this approach is shaped by the multilevel interdependencies ...
34.
The evolving role of the Italian Conference system in representing regional interests in EU decision-making
(Elena Griglio/Essay)
(Elena Griglio/Essay)
... in the conclusions. It is argued that some challenges still remain open in the coordination of the functions of intergovernmental Conferences - also due to confusion of roles between the State-Regions ...
35.
Indirect Taxation and the role of the European Court of Justice within the preliminary reference procedure
(Ricardo García Antón/Essay)
(Ricardo García Antón/Essay)
This article examines the interpretation of indirect taxes by the Court of Justice of the European Union (hereinafter, “CJEU” or “the Court”) by means of the preliminary reference procedure. It is argued ...
36.
Comparing the Subnational Constitutional Space of the European Sub-State Entities in the Area of Foreign Affairs
(Nikos Skoutaris/Essay)
(Nikos Skoutaris/Essay)
... Finally, it focuses on their autonomous external representation at the EU level. It argues that, despite conventional wisdom, States do not enjoy a monopoly of competences in the area of foreign affai ...
37.
Federalism, the subnational constitutional framework and local government: Accommodating minorities within minorities
(Yonatan Tesfaye Fessha/Essay)
(Yonatan Tesfaye Fessha/Essay)
... A subnational constitutional framework that is based on the constitutional principles of self-rule (and possibly shared rule), this article argues, represents the best hope in addressing the majority-minority ...
38.
The need for sub-national constitutions in federal theory and practice. The Belgian case
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
... and contra are analyzed and applied to the Belgian case. I argue that sub-national constitutionalism is a matter of political balance between national and sub-national powers, rather than a principle of ...
39.
Operation Atalanta and the Protection of EU Citizens: Civis Europaeus Unheeded?
(Joris Larik/Essay)
(Joris Larik/Essay)
... constitutional law and the operational parameters of Atalanta. It argues that within the particular framework of the international effort to combat piracy, the protection of citizens by military ...
40.
Constitutional Failure or Constitutional Odyssey? What Can We Learn From Comparative Law?
(Giuseppe Martinico/Review article)
(Giuseppe Martinico/Review article)
... – mark the failure of any possible constitutional ambition for the European Union (EU). In this paper I argue that the so-called constitutional “failure” of the EU is actually a confirmation of the current ...