1.
Fiscal Federalism Policy in Somalia: Emerging Challenges and Agenda for Reform
(Najibullah Nor Isak and Ali Yassin Sheikh Ali/Essay)
(Najibullah Nor Isak and Ali Yassin Sheikh Ali/Essay)
... observation, and case studies were the key tools utilized in this study. The study interviewed 12 different fiscal experts (mid-level decision-makers and technical-level experts) involved in fiscal federalism ...
... activism with a newly developed “strength index” that measures possible reverberations of decisions made by constitutional courts in the political realm. In this respect, the project addresses a central ...
3.
The commons: an innovative basis for transnational environmental law in the era of Anthropocene? The case of Latin America
(Domenico Giannino and Antonio Manzoni/Essay)
(Domenico Giannino and Antonio Manzoni/Essay)
The purpose of the present paper is to find a theoretical-legal basis for the recent innovative decisions by the Colombian Supreme Court of Justice and by the Inter-American Court of Human Rights on ...
4.
Subnational constitutions between asymmetry in fundamental rights protection and the principle of non-discrimination: a comparison between Belgium (Charter for Flanders) and Switzerland
(Matteo Monti/Essay)
(Matteo Monti/Essay)
... constitutions in federal systems. While doing so, the paper focuses on the Swiss experience, looking at the relevant case law of the Swiss Federal Supreme Court and the decisions of the Federal Assembly ...
... as an operational instrument for values enforcement. Although the Commission’s (late) decision to activate the Article 7(1) TEU procedure should be welcomed as a major effort in restoring the rule of law ...
6.
The Contribution of COSAC to Joint Parliamentary Scrutiny in the EU: A Practitioner’s View
(Bruno A. Dias Pinheiro/Essay)
(Bruno A. Dias Pinheiro/Essay)
... The central question addressed here is to assess whether COSAC is currently structured to allow NPs to obtain more information and access to the policy and decision-making circuits at EU level and, therefore, ...
7.
A ‘second youth’ for the EU Speakers’ Conference? A critical appraisal of its ‘quasi-constitutional’ role
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... of the constitutional constraints surrounding the positions of the Speakers and Presidents of the European and Member States’ (MS) Parliaments, with a considerable variety in terms of powers and decision-making ...
8.
Inter-parliamentary cooperation as a means for reinforcing joint scrutiny in the EU: upgrading existing mechanisms and creating new ones
(Elena Griglio and Stelios Stavridis/Editorial)
(Elena Griglio and Stelios Stavridis/Editorial)
... to react to these challenges. It specifically assesses the practical impact of interparliamentary cooperation on the numerous democratic gaps that still exist in the EU´s multi-layered decision-making ...
9.
The Secession Issue and Territorial Autonomy in Spain: Bicameralism Revisited
(Alberto López-Basaguren/Essay)
(Alberto López-Basaguren/Essay)
... to assign it relevance in this sphere by creating a General Committee on Autonomous Communities. By way of exception the Senate is exclusively responsible for the decision to authorize the Government to ...
The German Basic Law constitutes federalism as a unique political system which is characterised by intertwined decision-making of the Federation (Bund) and the component units (Länder). The executives ...
... of having two differently composed Chambers prevent capricious and precipitous decision-making? The paper then turns to alternative mechanisms of representing regions at the federal level, briefly looks ...
... some discussion on whether perfect or imperfect bicameralism and the requirements of internal decision-making play a role in this regard. ...
13.
Beyond Second Chambers: Alternative Representation of Territorial Interests and Their Reasons
(Francesco Palermo/Essay)
(Francesco Palermo/Essay)
The paper contends that bicameral systems, irrespective of their differences in composition and powers, are unfit to represent territorial interests in the national decision-making process, except in some ...
14.
Shared Rule vs Self-Rule? Bicameralism, Power-Sharing and the 'Joint Decision Trap'
(Arthur Benz/Essay)
(Arthur Benz/Essay)
... against the encroachments of central legislation into their areas of responsibility. Both functions seem to be best fulfilled in legislative systems requiring joint decisions of legislative chambers. Depending ...
15.
Socialisation and legitimacy intermediation in the Council of the European Union
(Kamil Ławniczak/Essay)
(Kamil Ławniczak/Essay)
The Council is a crucial intergovernmental institution of the European Union. However, the complex, opaque and consensual character of the decision-making process in the Council puts its legitimacy into ...
16.
The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence
(Sérgio Coimbra Henriques/Essay)
(Sérgio Coimbra Henriques/Essay)
The Council is a crucial intergovernmental institution of the European Union. However, the complex, opaque and consensual character of the decision-making process in the Council puts its legitimacy into ...
17.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
In constitutional theory, the referendum is an instrument that allows for the expression of the popular will in government decisions and through which people are asked to vote directly on an issue or policy. ...
18.
Constitutional and administrative paradigms in judicial control over EU high and low politics
(Pola Cebulak/Essay)
(Pola Cebulak/Essay)
... the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to ...
19.
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)
... in the Unfair Contract Terms Directive and the informed decision requirements in the Unfair Commercial Practices Directive. In these three domains the CJEU recognises that the level of customer attention ...
20.
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)
... of financial integration since they are pre-ordained to a specific public interest: financial stability. Particularly, they cause a shift in the decision gradient from the technical to the political, as ...