... of federalism? This article, an exploratory study, interrogated the latter part of the question by examining the concept of federal political culture and its effect on the practice of federalism in the ...
Ever since the European Union came into existence many theories have addressed the state of European integration. This paper tries to offer a further interpretation building on the principal-agent concept. ...
... and behaviours, and how effectively? The essay tries to answer to all these questions by starting from the very understanding of the concept of ‘leading by example’. The definition of leading by example ...
... the various elements that can affect food security, trade in agriculture plays a significant role both in positive and negative terms. This article considers the concept of food security as emerging from ...
... federalism can even be regarded as an embodiment of that concept since it covers all possible aspects of ‘executive federalism’. The Bundesrat has an important share in that classification. ...
... the normative concept of the legislative functions of federal second chambers: what is the particularly federal rationale behind these legislative powers, and are there other constitutional rationales ...
7.
Differentiated integration contingent on objective ability: a federalist critique
(Samo Bardutzky/Essay)
(Samo Bardutzky/Essay)
... role. It presents a federalist critique of this development, drawing on the work of Daniel Elazar, discussing the concepts of non-centralization, federal process and federal covenant in the context of ...
8.
Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself
(Ming-Sung Kuo/Essay)
(Ming-Sung Kuo/Essay)
... in times of crisis. Freed from the value-laden concept of constitutional identity, but without de-constitutionalizing itself, the EU can have the benefits of both the constitutional and administrative ...
9.
The Functions of Constitutional Identity Performed in the Context of Constitutionalization of the EU Order and Europeanization of the Legal Orders of EU Member States
(Martin Belov/Essay)
(Martin Belov/Essay)
... of ideal, legal and socio-legal dimensions of constitutional concepts and institutions and the taking into account of social implications produced by their functioning. The article deliberately takes a ...
10.
Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis
(Peter L. Lindseth/Essay)
(Peter L. Lindseth/Essay)
... conceptions of legitimacy deeply bound up with it, are crucial to understanding not just the modern administrative state but also the nature of EU governance and the law governing its operation. Despite ...
11.
Conflicts by Convergence and Deep Disagreements in European Constitutional Law
(Orlando Scarcello/Essay)
(Orlando Scarcello/Essay)
... convergence” and on attempts to conceptualise these issues by means of the concept of “complex antinomy”. It will be argued that this analysis needs some refinement and the concept of “levels of disagreements” ...
12.
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)
... that the German judges have a different constitutional interpretation of the monetary mandate of the ECB. This article will focus on the different conceptions of European Monetary Union and in particular ...
13.
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)
... of federalism in federal related political institutions, by exploring the conceptual distinctions between related terms such as federalism, federation, federal government, federal political systems, confederation, ...
... socio-cultural and ecological order. Such a development should be supported by suitable budgetary systems at each level of public government. The paper presents a conception of the sustainable EU own resources ...
... integration, and because economic development of the EU has positive economic returns for them, to a concept of solidarity based on a different rationale; that all member states and the Union are confronted ...
16.
Promoting solidarity in crisis times: Building on the EU Budget and the EU Funds
(Katerina Pantazatou/Essay)
(Katerina Pantazatou/Essay)
... measures and the potentials of attributing the EU fiscal capacity, it aims to conceptualize the notion of solidarity as redistribution as this has evolved by reason of the crisis. The article argues that ...
This paper analyses the case-law of the European Court of Justice on the substantive scope of ne bis in idem in transnational cases and evaluates the findings in light of the different concepts of legal ...
18.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... case at hand. The paper will start with construing a legal conception of subsidiarity and how said principle performs a crucial function in securing legitimacy in a context of multilevel governance. Subsidiarity ...
While the study of federalism has in many respects reached an advanced stage today, there nevertheless remains a troubling absence of agreement as to the precise meaning of the concept. It is subject to ...
20.
The Territoriality of Fiscal Solidarity: Comparing Swiss Equalisation with European Union Structural Funding
(Sean Mueller - Soeren Keil/Essay)
(Sean Mueller - Soeren Keil/Essay)
... to both a “civic” sense of belonging and a “cosmopolitan” identity. After placing types and degrees of (inter-)territorial solidarity at the heart of our conceptual perspective, we discuss the effects ...