... some fragmentation has taken place, with sub-state competences related to several aspects of the judicial organisation, and a regularly used leeway for Communities and Regions to establish administrative ...
... 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 ...
... jurisdictions like Italy and Germany, the distribution of competences has often come to the spotlight of public attention. ...
5.
Environmental subsidiarity in the EU: or halfway to green federalism?
(Tiago de Melo Cartaxo/Essay)
(Tiago de Melo Cartaxo/Essay)
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 ...
6.
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)
... 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 ...
... 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 ...
9.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... 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 ...
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)
... “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 ...
11.
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 ...
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 ...
13.
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 ...
... 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 ...
15.
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 ...
16.
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 ...
... From an analysis of the cases, it emerges that there still are some uncertain issues, such as the extent of the competences of the EU, the paradigmatic function of the case-law of the European Court of ...