... and restraint in respect of Member State autonomy. Through creative and pragmatic conflict-resolution the EU can and should conjure the political courage to find the limits of potential commitment. ...
2.
Addressing the limits of autonomy: Origin, organization and purpose of horizontal intergovernmental forums in three federations
(Yonatan Tesfaye Fessha/Essay)
(Yonatan Tesfaye Fessha/Essay)
Horizontal intergovernmental forums that bring together the constituent units of a federation are increasingly common. This article examines the origin, organization and purpose of the premium horizontal ...
3.
Federalism and constitution: States’ participation in constitutional reform as a guarantee of the federalisation process. (A study of Spain’s unique model)
(María Reyes Pérez Alberdi/Essay)
(María Reyes Pérez Alberdi/Essay)
The aim of involving state members in reforming federal constitutions is to guarantee them the autonomy that they have been constitutionally granted. It also prevents reform from being carried out unilaterally ...
4.
The Secession Issue and Territorial Autonomy in Spain: Bicameralism Revisited
(Alberto López-Basaguren/Essay)
(Alberto López-Basaguren/Essay)
... second thought’, subordinated to the lower House, whose will prevails in the event of discrepancy. It lacks specific powers with regard to territorial autonomy; in spite of this, there has been an attempt ...
5.
The referenda for more autonomy in Veneto and Lombardia: constitutional and comparative perspectives
(Erika Arban/Essay)
(Erika Arban/Essay)
... northern regions of Veneto and Lombardia to seek additional forms and conditions of autonomy within the Italian regional state as painted by the Constitution after the 2001 reform. By adopting mainly an ...
6.
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 ...
... of powers worth 20 billion euros from the federal level to the level of the federated states, a profound reform of the Senate, and a substantial increase in fiscal autonomy for the regions. This contribution ...
8.
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)
... had revolted against a dominion that limited the local autonomy of its colonies; alternatively, almost 200 years later, New Zealand abolished a quasi-federal provincial system in favour of a unitary state. ...
9.
The Role of Subnational Constitutions in Accommodating Centrifugal Tendencies within European States: Flanders, Catalonia and Scotland Compared
(Dirk Hanschel/Essay)
(Dirk Hanschel/Essay)
Looking at federalism (Belgium), quasi-federalism (Spain) and devolution (United Kingdom), this paper shows that regional autonomy of Flanders, Catalonia and Scotland may be strengthened through a strong ...
10.
Constitutional bases in the federal conflict over access to health care of undocumented immigrants in Spain
(Irene Sobrino Guijarro/Essay)
(Irene Sobrino Guijarro/Essay)
... processes governing the transfer of powers from the central level and the consolidation of the political autonomy of “Autonomous Communities.” For instance, the vast majority of legislative powers in the ...
11.
Crisis, emergency and subnational constitutionalism in the Italian context
(Giuseppe Martinico - Leonardo Pierdominici/Essay)
(Giuseppe Martinico - Leonardo Pierdominici/Essay)
The aim of this article is to offer an account of the centralization and compression of subnational spaces of autonomy triggered by the economic crisis. Scholars have already produced sound and detailed ...
12.
Strengthening state constitutionalism from the federal Constitution: the case of Mexico
(José María Serna de la Garza/Essay)
(José María Serna de la Garza/Essay)
... constitution that seek to protect independence and autonomy of state judges. These developments illustrate how states have tried to use their sphere of constitutional autonomy in more creative ways, and ...
13.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
The transformation of a patchwork of Westphalian nation-states into a multi-level legal order where competences and responsibilities interlock, brings about the fundamental question as to who should do ...
14.
Constitutional Courts, Constitutional Interpretation, and Subnational Constitutionalism
(Anna Gamper/Essay)
(Anna Gamper/Essay)
This paper analyzes the impact of courts and different systems of judicial review on subnational constitutional autonomy. Focus is put on the question on which interpretive guidelines courts may draw when ...
15.
Deferential dialogues between the Court of Justice and domestic courts regarding the compatibility of the EU Data Retention Directive with (higher?) national fundamental rights standards
(Ioana Pelin-Raducu/Essay)
(Ioana Pelin-Raducu/Essay)
... in the implementation of the 2006 Data Retention Directive in several Member States. The cooperative relationship, called “deference”, is based on the autonomy and voluntary willingness of national courts ...
16.
The Introduction of the "Balanced Budget" Principle into the Italian Constitution: What Perspectives for the Financial Autonomy of Regional and Local Governments?
(Antonella Gagliano/Essay)
(Antonella Gagliano/Essay)
... it attempts to verify whether the new formulation of these constitutional provisions materializes the risk of a significant reduction in the financial autonomy of both Regions and Local Governments. With ...
17.
Building Subnational Constitutionalism Through Identity Narratives. The Case of Spain
(Ilenia Ruggiu/Essay)
(Ilenia Ruggiu/Essay)
... of the Catalan model, a model of success in obtaining through the years more autonomy by stating ‘reasons of identity’, pushed the other CAs to play this card as well. If this is the main political reason ...
18.
Subnational Constitutionalism in The Sars of the People’s Republic Of China. An Exceptional Tailored Suit Model?
(Paulo Cardinal - Yihe Zhang/Essay)
(Paulo Cardinal - Yihe Zhang/Essay)
... last but not the least, the Basic Laws), a remarkable high level of autonomy – namely in key areas such as fundamental rights, the continuation and evolution of a distinct legal system, including an almost ...
... precisely because of its failure. A federation on paper, Argentina is a highly centralized country, in which economic dependence of the Provinces from the central government has destroyed any kind of autonomy ...
In the Bill of Rights of the Andalusian Statute of Autonomy, right to participation is extremely well-developed and is not restricted to the traditional rights to political participation, but rather is ...