1.
Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
(Jens Woelk/Essay)
(Jens Woelk/Essay)
... in Federal Systems’. It will focus on the degree to which legal and judicial pluralism is possible within the general legal system of the State. Particular attention will be paid to autonomous judicial ...
2.
The Secession Issue and Territorial Autonomy in Spain: Bicameralism Revisited
(Alberto López-Basaguren/Essay)
(Alberto López-Basaguren/Essay)
The Spanish Constitution defines the Senate as 'Chamber of territorial representation'. But in the Senate the provinces are represented, not the Autonomous Communities. The Senate is a Chamber of ‘sober ...
3.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... agencies, the article unveils that, legally speaking, the enhancement of EU agencies’ powers takes place in the autonomous constitutional framework of the EU legal order. This constitutional foundation ...
4.
Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis
(Peter L. Lindseth/Essay)
(Peter L. Lindseth/Essay)
... a dominant paradigm that seeks to understand EU governance in autonomously democratic and constitutional terms, the legitimacy of integration as a whole has remained primarily ‘administrative, not constitutional’. ...
5.
Constitutional bases in the federal conflict over access to health care of undocumented immigrants in Spain
(Irene Sobrino Guijarro/Essay)
(Irene Sobrino Guijarro/Essay)
In Spain, over the last thirty years, the powers of “Autonomous Communities” to guarantee welfare and social rights have witnessed exponential proliferation. Such expansion has occurred within the wider ...
6.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... can thus help ascertaining the scope of subnational autonomous decision-making, if based on the set of arguments pertaining to efficiency and democratic legitimacy that together construe subsidiarity. ...
7.
The scrutiny of the principle of subsidiarity by autonomous regional parliaments with particular reference to the participation of the Parliament of Catalonia in the early warning system
(Esther Martín Núñez/Essay)
(Esther Martín Núñez/Essay)
The purpose of this article is to offer a practical approach to the new European dimension for regional parliaments signified by the entry into force of the Treaty of Lisbon. The parliamentary scrutiny ...
... – or, to put it shortly, no voice and no vote. Or rather, in the expressive German phrase: the European Community had long practised Landesblindheit. This paper considers the evolving role of Spanish Autonomous ...
9.
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 ...
10.
Building Subnational Constitutionalism Through Identity Narratives. The Case of Spain
(Ilenia Ruggiu/Essay)
(Ilenia Ruggiu/Essay)
... or the fact of having an autonomous cultural order from the central state, implement the idea of regions as subjects in search of their own constitutional identity often in contrast with the broader constitutional ...
... of constitutional review at the subnational level is a crucial element for the development of an autonomous, well-grown subnational constitutional law. However, subnational constitutional courts tend to ...
12.
Civil participation policy and democratic innovation in the autonomous community of Aragon
(Sergio Castel Gayán/Essay)
(Sergio Castel Gayán/Essay)
... In the face of this reality, over the last few years civil participation has been promoted in the Autonomous Community of Aragon, a strategy aimed at extending the spaces of active participation, and stimulating ...
13.
Efficiency as a descriptive variable of autonomous electoral systems in Spain
(Jaume Magre Ferran/Essay)
(Jaume Magre Ferran/Essay)
The homogeneity of the regulations governing the electoral systems of autonomous communities derives from their desire to imitate the system adopted for the Spanish Chamber of Deputies, and from their ...
The referendum is a poorly used mechanism for direct participation in the Spanish system, at both state and regional level. The discussion on the feasibility of this system at regional level has been examined ...
... when they are being handled by the legislative chambers. These instruments, in Spain, are taken into account by citizens or associations being heard in the legislative committees, initially in some autonomous ...
16.
Regional electoral legislation in Italy. A short essay on the rise and fall of the myth of territorial differentiation
(Enrico Grosso/Essay)
(Enrico Grosso/Essay)
... and later sub-constitutional) regarding elections of regional Councils, and the Regions have been given concurring or residual legislative competences, thus authorizing them to autonomously adopt rules ...
... arising from a direct popular initiative or a PLI rejected by Parliament. The Autonomous Communities have regulated PLIs with the same reluctance as they have had regulating the Constitution and the Organic ...
18.
Principles, rights and participatory institutions in the reformed statutes
(Josep -Maria Castellà Andreu/Essay)
(Josep -Maria Castellà Andreu/Essay)
... and principles, rights, institutions, competences over popular consultations and participation in the amendment process. By ruling out the possibility of autonomous communities holding referendums without ...
19.
Speaking in Name of the Constituent Power: the Spanish Constitutional Court and the New Catalan Estatut
(Giacomo Delledonne/Note)
(Giacomo Delledonne/Note)
In June 2010 the Spanish Constitutional Court rendered a very important judgment on the constitutional legitimacy of the new fundamental charter (Estatut) of the Autonomous Community of Catalonia. Faced ...
20.
Italian Regions and Local Authorities within the framework of a new Autonomist System
(Gloria Marchetti/Essay)
(Gloria Marchetti/Essay)
... resulting from the enhanced potential of locally autonomous bodies with the need to safeguard uniformity and consistency of the regional system ...