... the way in which constitutional pluralism came to the fore, the different ways in which the theory was presented, and considers historical criticism it has faced. It then looks at the anomalies that, allegedly, ...
22.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... EU as a Union of Member States. On these grounds, the final remarks highlight the need for a more comprehensive paradigm for EU law that can explain these different aspects of EU law under a common approach ...
23.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
Public power has been justified by resorting to two different kinds of legitimation: one coming from above, the other emerging from the governed. While legitimation “from above” implies that those who ...
24.
Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis
(Peter L. Lindseth/Essay)
(Peter L. Lindseth/Essay)
As is broadly recognized, the realm of administrative power greatly expanded over the course the twentieth century (particularly after 1945). This essay argues that this expansion, along with differential ...
25.
Commanders-in-chief beyond the border: analysing the powers of heads of state in Northern American federalism
(Tiago de Melo Cartaxo/Essay)
(Tiago de Melo Cartaxo/Essay)
Canada and the United States of America are examples of how two constitutional systems in the same region may adopt substantially different solutions in respect of the powers of the head of state. While ...
26.
Conflicts by Convergence and Deep Disagreements in European Constitutional Law
(Orlando Scarcello/Essay)
(Orlando Scarcello/Essay)
... will be introduced as an alternative. A specific focus will be maintained on the impact of different interpretive methodologies: in this way it is possible to underline the structure of “deep” and “superficial” ...
27.
Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
(Antonia Baraggia and Maria Elena Gennusa/Essay)
(Antonia Baraggia and Maria Elena Gennusa/Essay)
... judgments on very similar matters (ECtHR’s S.H. Judgment; Judgment No. 162/2014 from the Italian CC). Such analysis revealed useful in highlighting connections and disconnections between the different ...
28.
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 ...
29.
The Establishment of Metropolitan Cities in Italy: An Advance or a Setback for Italian Regionalism?
(Giovanni Boggero/Essay)
(Giovanni Boggero/Essay)
... an analysis of its implementation, thereby attempting to make clear whether increased institutional pluralism and differentiation in the local government system will strengthen or weaken Italian regionalism ...
30.
The Legitimacy of Discriminatory Disenfranchisement? The Impact of the Rules on the Right to Vote in the Bremain/Brexit Referendum
(Allan F. Tatham/Editorial)
(Allan F. Tatham/Editorial)
... a different franchise for each popular vote. ...
... 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 ...
32.
Promoting solidarity in crisis times: Building on the EU Budget and the EU Funds
(Katerina Pantazatou/Essay)
(Katerina Pantazatou/Essay)
... during the crisis. It, further, shows how the principle of solidarity has not lived up to its potential in the present crisis context, but it has instead been cropped up in sharply different ways in the ...
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 ...
34.
Margins of Nationality. External ethnic citizenship and non-discrimination
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
... the rules of both birthright and acquired political membership. Most states employ some form of cultural affinity-based criteria relating to ethnic identity that differentiate between applicants that seek ...
35.
Sub-national constitutional politics: contesting or complementing, replicating or innovating, traditional constitutionalism?
(Paulus Blokker and Werner Reutter/Essay)
(Paulus Blokker and Werner Reutter/Essay)
... non-EU perspective. Even though the papers take different perspectives on the topic at hand, they all engage with the contribution sub-national constitutions can make to democracy and the nation-state ...
36.
Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments
(Astrid Lorenz/Essay)
(Astrid Lorenz/Essay)
... and contents of respective initiatives vary significantly in the period from 1999 to 2014. These variations were due to different party strategies, diverging party platforms and majority constellations ...
... play in different arenas. The parliamentary parties are responsible to organize the workings of the European Parliament (EP) and have developed strong organizational structures over time. In contrast, ...
38.
A new Commission for a new era. Is the parliamentarization of the European Commission the way forward?
(Jerónimo Maillo González-Orús/Essay)
(Jerónimo Maillo González-Orús/Essay)
... true democracy in the European Union, there is a need of promoting ‘different in nature’ EU politics, more based on cross-national ideological majorities (or alliances) and less on national interests bargaining. ...
39.
Eurozone, non-Eurozone and “troubled asymmetries” among national parliaments in the EU. Why and to what extent this is of concern
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... before the Treaties has been put under stress. Likewise the position of national institutions concerned by the same Euro-crisis measure can have different implications depending on the Member State. This ...
40.
Multilevel Systems and Sub-National Constitutional Politics in Germany: a Qualitative Comparative Analysis
(Werner Reutter/Essay)
(Werner Reutter/Essay)
... the two levels of the German federal system interact in different ways. While the Basic Law determines the sub-national constitutional space with regard to capital punishment and the debt brake comprehensively ...