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Unlike most other federal states, the Belgian federation has kept the organisation of the judiciary as a federal competence. The reasons are historical, principled, practical as well as political. Meanwhile, ...
... In so doing, this essay tries to identify the essential features of judicial federalism in Argentina: i) organization of the judiciary at the two levels; ii) competences of federated entities in defining ...
Judicial federalism has generally been neglected by scholars in comparative federalism. However, this topic is quite relevant for a proper understanding of the distribution of competences in a federal ...
4. Amid Challenging Times
(Giacomo Delledonne/Editorial)
... jurisdictions like Italy and Germany, the distribution of competences has often come to the spotlight of public attention. ...
Environmental protection and sustainable development are competences that the EU is entitled to integrate into the definition and implementation of its policies. However, shared competences in these areas ...
... by the central government and means the structure of competences can be modified as necessary. In this study, we will consider how federations manage, to a greater or lesser extent, regional intervention ...
... of federal coercion. The Senate demonstrated that even in a case in which it has the reserved competence, as in the authorization of the adoption of measures of federal coercion, it lacks the capacity ...
... which is detrimental to accountability. Reform efforts were made to unbundle competences and to reduce the number of bills which require the Bundesrat’s consent. Due to the dominance of the executives ...
... of these two components to the activity of parliaments, these analyses are incomplete. The functions and competences of a given second chamber depend on the way it represents pluralism: the weight that ...
This article questions the idea that the EU is a pure regulatory power based on supranational delegation of competence from the Member States. It claims the insufficiency of this single paradigm to explain ...
... are vested with executive power are qualified in their function because of their allegedly higher competences, “bottom-up” legitimacy always presupposes that only citizens can properly decide on their ...
European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between ...
This paper will deal with EU competence over patent law, especially in the context of the TRIPS Agreement with reference to the ruling of CJEU in the Daiichi Sankyo case (CJEU case C-414/11 Daiichi Sankyo ...
... “Autonomous Communities”. However, the practical difficulties of determining the scope of legislative competences within such a shared logic are a permanent source of intergovernmental and constitutional ...
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 ...
... are also explored. The case-law where constitutional courts exercised their competence to indirectly review the validity of EU legislation is discussed in light of the constitutional pluralism paradigm. ...
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 ...
... the constitutional reform the legislative competence of “harmonization of public account” has become an exclusive State competence, the “balanced budget” principle has been extended to Regions and local ...
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 ...
... namely, at least in the case of shared competences, to all the territories and populations of the infra-State communities. Within the various different European experiences, it is difficult to identify ...
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