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This article analyses the determinants that lead national courts across EU countries to use the preliminary reference procedure, paying special attention to the differences and similarities in the use ...
In this paper I will focus on the role of national common judges (“giudici comuni”) in systems that are not characterized by a dual court system (one of the elements indentified by Gardner as peculiar ...
... order. In this sense judgment 38/2010 by the Spanish constitutional court took a clear position in this contrast ...
... of constitutional review at the subnational level is a crucial element for the development of an autonomous, well-grown subnational constitutional law. However, subnational constitutional courts tend to ...
... by the Constitutional Court. Influenced by the reluctance with which constituents viewed the mechanisms of direct democracy, they still have a reductive view of the referendum. The State therefore reserves ...
... prior state regulation via an organic act, the Constitutional Court has deprived the new statutes of one of the measures with greatest potential for participation. More scope is left for institutions of ...
... of EU acts. This article aims to analyse whether this momentous change is reflected in the judgments of the Court of Justice, and more precisely how the Luxembourg judges are dealing with this source. ...
... process, this essay provides a short genealogy of publicity within European governance: from publicity concerning specific institutions and epistemic communities, namely the courts and the jurists, ...
The judgment of the Court of Justice of the EU in the El Dridi case clarifies the scope of application of the Returns Directive, in particular with regard to the difference between criminal detention ...
In June 2010 the Spanish Constitutional Court rendered a very important judgment on the constitutional legitimacy of the new fundamental charter (Estatut) of the Autonomous Community of Catalonia. Faced ...
... centralising trend noticeable in the constitutional jurisprudence of all the federations studied. Further, the analysis suggests that constitutional courts often adopt a different approach to interpretation ...
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