21.
The impossible constitutional reconciliation of the BVerfG and the ECJ in the OMT case. A legal analysis of the first preliminary referral of the BVerfG
(Francesco Pennesi/Note)
(Francesco Pennesi/Note)
In Gauweiler v. ECB, the German Constitutional Court referred for the first time a case to the European Court of Justice. The BVerfG openly doubted the legality of the OMT program of the European Central ...
22.
Implication of Federalism in ‘Federal’ Related Political Institutions: A Conceptual Analysis
(John O. Kalu and Dov Bing/Essay)
(John O. Kalu and Dov Bing/Essay)
... and decentralized union. Hence, this article aims at distinguishing these concepts, as well as identifying the interlinkage and relationship that exists between them. The goal is to reduce the level of ...
23.
Conventional Direction to Unconventional Measures: Using Quantitative Easing to shape Eurozone Fiscal Capacity
(Olimpia Fontana and Simone Vannuccini/Essay)
(Olimpia Fontana and Simone Vannuccini/Essay)
... EZ economic policy by suggesting a ‘conventional’ direction to the unconventional Quantitative Easing (QE) policy of the European Central Bank (ECB). We propose an evolution for QE to tackle the shortcomings ...
24.
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)
... the central and regional governments involved. After analysing the composition of the financial sanctions, we cover the involvement of subnational entities in the infringements proceedings in six tiered ...
25.
Sub-national Constitutionalism in Austria: a Historical Institutionalist Perspective
(Ferdinand Karlhofer/Essay)
(Ferdinand Karlhofer/Essay)
... Austria has rather weak structures with regard to power-sharing. No wonder, given the structural bias between central state and substates, informal forces are at work in order to make up for the shortcomings ...
26.
Intergovernmental relations in Spain and the United Kingdom: the institutionalization of multilateral cooperation in asymmetric polities
(Víctor Cuesta-López/Essay)
(Víctor Cuesta-López/Essay)
... relations (IGR), the traditional pattern of cooperation in both countries has been mainly limited to bilateral and ad hoc interactions between the central government and the government of each devolved ...
27.
The Role of Subnational Constitutions in Accommodating Centrifugal Tendencies within European States: Flanders, Catalonia and Scotland Compared
(Dirk Hanschel/Essay)
(Dirk Hanschel/Essay)
... from a coherent and transparent central constitutional framework which clearly defines and entrenches the subnational constitutional space and its inherent limitations. ...
28.
Answers to Spanish centrifugal federalism: Asymmetrical federalism versus coercive federalism
(Esther Seijas Villadangos/Essay)
(Esther Seijas Villadangos/Essay)
... of privileges, as a specific perception of asymmetries, and as the central answer to a proposal of self-determination or institutional disobedience. Our main thesis is that a balanced proposal of democratic ...
29.
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 ...
30.
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 ...
31.
The politics of sub-national constitutions and local government in Ethiopia
(Zemelak Ayitenew Ayele/Essay)
(Zemelak Ayitenew Ayele/Essay)
... the party has a highly centralised decision-making system founded on the principle of ‘democratic centralism’. Under this system, the party’s regional and local structures, which also control government ...
... systems are thus intertwined. (Quasi-)federal constitutional systems adopt different strategies, ranging from a centralist to a dualist approach. A comparative analysis, using indicators for measuring ...
33.
On the Brink of a Federal State? The Decentralisation Model of the Peruvian Constitution
(Maria Bertel/Essay)
(Maria Bertel/Essay)
In 2001, constitutional amendments significantly changed the Peruvian Constitution’s chapter on decentralisation. A distribution of competencies was introduced and various organic laws were enacted in ...
34.
European Citizens… Mind the Gap! Some Reflections on Participatory Democracy in the EU
(Delia Ferri/Essay)
(Delia Ferri/Essay)
... from Smismans’ discourse on “decentralism”, this essay confronts the issue of multifold horizontal (non-territorial) participation, focusing on the involvement of CSOs, i.e. of transnational, non-territorial ...
35.
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)
... where a central role is played by the central government in order to comply with the financial constraints arising from new challenges of the European economic integration process? ...
36.
Implementing fiscal decentralization in Italy between crisis and austerity: Challenges ahead
(Stefano Piperno/Essay)
(Stefano Piperno/Essay)
Since 2010 the Italian central government has embarked on a challenging program of fiscal consolidation, which is hugely affecting sub-central government finances. Sub-national governments are involved ...
37.
Comparing the Subnational Constitutional Space of the European Sub-State Entities in the Area of Foreign Affairs
(Nikos Skoutaris/Essay)
(Nikos Skoutaris/Essay)
Foreign affairs have been traditionally seen as an exclusive competence of central governments. However, over the last 30 years, European paradiplomacy has been progressively developing not least because ...
38.
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 ...
... 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 ...