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... been associated with centralization and even authoritarian centralization. On the other side, a federal constitution based on the rule of law should guarantee its protection by the judiciary. The conflict ...
This Article addresses Congress’s prerogative to implement non-self-executing treaties. In construing Congress’s Necessary and Proper Clause authority in this area, most commentators have argued that it ...
... to assign it relevance in this sphere by creating a General Committee on Autonomous Communities. By way of exception the Senate is exclusively responsible for the decision to authorize the Government to ...
... its current functioning. The author claims that the Swiss Federal Assembly is still based on almost perfect bicameralism but that the second Chamber only very imperfectly represents the regions. Having ...
... legitimacy of the EU constitutional order and its smooth functioning are under threat, but the EU lacks instruments of direct enforcement and coercion. Several authors have therefore proposed to ‘federalize’ ...
... central authority. The evidence affirms that constitutional design and structure make an important difference in the tactics and tools available to subnational units in a federal system, but that design ...
... 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 ...
This paper analyses the case-law of the European Court of Justice on the scope and limits of cross-border access of economically inactive Union citizens to national systems of social assistance. The author ...
9. Margins of Nationality. External ethnic citizenship and non-discrimination
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
... arguments presented here should apply more generally, special attention will be paid to events that primarily triggered the authors’ interest, the case of Hungary. ...
The article explores the present role of the ECB in European economic governance and point at the required steps to make such governance effective in tackling the challenges of the Eurozone and of the ...
... what Belgium could gain from fully-fledged subnational Constitutions in terms of fundamental Rights protection and of legal certainty if such Constitutions were authorized and assesses the hypothesis of ...
... 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 ...
In this essay, the author explores the way in which courts have played an important role in defining the shape of Mexico’s federal system and state constitutionalism in that country’s emerging multi-party ...
14. Subnational multilevel constitutionalism
(Patricia Popelier/Essay)
... In this multilevel government environment, subnational constitutionalism is not merely defined by the power of subnational authorities to adopt their own constitution, but also by the power to define their ...
... of the regulative power of the EU and the weak authorization of this power through the citizens of the Member States who are specifically affected by those regulations”. Even though the democratic value ...
... The author proposes a step-by-step approach to making a selection of all the initiatives expressed in the yearly legislative program of the European Commission, with a focus on analysing the procedure ...
17. Spanish Autonomous Communities and EU policies
(Agustín Ruiz Robledo/Essay)
The European Union affects not only the competences of the Governments and Parliaments, but also of all public authorities, in particular the powers of sub-state entities of compound states, who saw how ...
This paper analyses the impact on regional and local authorities of Articles 117 and 119 of the Italian Constitution (hereafter referred to as “IC”) as amended by Constitutional Law no. 1/2012. In particular, ...
... value. In the case of Spain all these general causes are present, but the conclusion to which the paper arrives is that identity is played strategically as a tool to obtain more authority. The imitation ...
This article is the result of an ongoing research into a variety of features of Spanish local government . It aims, in particular, at providing a profile of the tools implemented by local authorities to ...
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