1.
What Brexit now? Possible implications for the UK and the EU
(Roberto Castaldi - Giuseppe Martinico/Editorial)
(Roberto Castaldi - Giuseppe Martinico/Editorial)
Brexit is closer now due to the bombastic victory of the Conservative Party at the British general election. However, this does not mean that its physiognomy is clear at all. No less interesting is its ...
... parties. And there is a wider public debate than in the past. However, not all political parties are presenting their Spitzenkandidaten and few have taken a clear position with regards to the struggle ...
3.
The 2019 European Parliament elections: politically crucial, but without clear institutional effects
(Nicola Lupo/Essay)
(Nicola Lupo/Essay)
The elections for the European Parliament that will take place on 23-26 May 2019 will most probably disprove the second-order nature of the European elections and invert the steady decline in voter turnout, ...
For a long time considered, improperly, a sort of ‘nuclear’ option, Article 7 TEU is the key EU Treaty provision in the field of values enforcement. In the context of the Union’s current rule of law crisis, ...
5.
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)
... in constitutional reform. However, we will see how recently, in Spain, the anticipated routes for territorial participation in the constitutional text have proved to be clearly insufficient, and have developed ...
6.
The Lesson from the Modern American Federalism: A Challenge to Effective Public Policy Performance
(Geiguen Shin/Essay)
(Geiguen Shin/Essay)
... or conservative influence on public policy performance. Instead, this article suggests that the clear functional responsibility between the federal government and state and local governments have characterized ...
7.
Beyond Second Chambers: Alternative Representation of Territorial Interests and Their Reasons
(Francesco Palermo/Essay)
(Francesco Palermo/Essay)
... and second chambers are ineffective as territorial bodies. Furthermore, there is a clear trend to move from bicameralism to bilateralism, meaning that instead of taking advantage of ineffective multilateral ...
... resulting in a clear prevalence of the latter, mainly focuses on two aspects: the exercise of legislative function and, in parliamentary regimes, the confidence vote. In spite of the unquestionable relevance ...
9.
The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence
(Sérgio Coimbra Henriques/Essay)
(Sérgio Coimbra Henriques/Essay)
... to achieve supervisory convergence throughout the member states of the European Union. Indeed, it is perhaps one of the clearest examples of federal implications within the EU. All the synchronous movements ...
10.
The Spanish vision of Canada’s Clarity Act: from idealization to myth
(Francisco Javier Romero Caro/Essay)
(Francisco Javier Romero Caro/Essay)
... The emphasis tends to be made on the quantitative clear majority test, disregarding other factors. Hence, the aim of this paper is to study the causes of this deification of the Clarity Act in Spain, and ...
11.
The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection
(Geraint Howells and Gert Straetmans/Essay)
(Geraint Howells and Gert Straetmans/Essay)
... it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for ...
12.
The Single Market and Synchronized Mechanisms for the Exercise of Administrative Functions: Converging Pathways or New Pathways for Integration? The Case of the European Banking Union
(Fabio Giglioni/Essay)
(Fabio Giglioni/Essay)
The EBU represents a clear investment in administrative integration with clear implications for the constitutional features of the EU. This paper aims to give an analysis of the administrative arrangements, ...
13.
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)
... Bank, one of the most effective European instruments in counteracting the effects of the Euro-crisis. Despite the apparent willingness of the BVerfG to accept the referring decision of the ECJ, it is clear ...
14.
The Establishment of Metropolitan Cities in Italy: An Advance or a Setback for Italian Regionalism?
(Giovanni Boggero/Essay)
(Giovanni Boggero/Essay)
... an analysis of its implementation, thereby attempting to make clear whether increased institutional pluralism and differentiation in the local government system will strengthen or weaken Italian regionalism ...
15.
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. ...
16.
Movement towards a Flemish Constitution: the Charter for Flanders, another failed attempt?
(Sarah Lambrecht/Essay)
(Sarah Lambrecht/Essay)
... in the Charter of Fundamental Rights for the European Union, which resulted in an expansive fundamental rights catalogue. Furthermore, the Charter contains a clear political commitment; ‘it gives the impetus ...
17.
Riddle Me This, Riddle Me That: Anti-social Behaviour, Vagueness and Judicial Discretion in the United Kingdom
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
... freedoms, the conditions for granting them were unclear, as were the requirements to which respondents had to attune to. In that context, judges played a crucial role in attempting to define the scope ...
18.
Building Subnational Constitutionalism Through Identity Narratives. The Case of Spain
(Ilenia Ruggiu/Essay)
(Ilenia Ruggiu/Essay)
... order. In this sense judgment 38/2010 by the Spanish constitutional court took a clear position in this contrast ...
19.
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)
... constitutionalism. The extent, scope and nature of these two imaginative and pragmatic autonomy arrangements clearly show that they do not fit in any classical model, whether federal or of territorial ...
... in Italy at local and regional level is very heterogeneous and requires clear rules and more widespread information among the population ...