21.
Constitutional Courts, Constitutional Interpretation, and Subnational Constitutionalism
(Anna Gamper/Essay)
(Anna Gamper/Essay)
... Constitutional Court’s views on subnational direct democracy. The second case discusses the Spanish Constitutional Court’s decision on the Catalonian Statute. Thirdly, the paper examines US federal courts’ ...
22.
Macroeconomic Imbalances in the Euro Area and Policy Intervention: the Role of Trade with Emerging Economies
(Piero Esposito/Essay)
(Piero Esposito/Essay)
... the trade potential with BRICs will cause substantial improvements in their trade balances. In addition, by means of panel estimates we find a direct effect of net trade increases on public debt reductions ...
23.
Deferential dialogues between the Court of Justice and domestic courts regarding the compatibility of the EU Data Retention Directive with (higher?) national fundamental rights standards
(Ioana Pelin-Raducu/Essay)
(Ioana Pelin-Raducu/Essay)
... in the implementation of the 2006 Data Retention Directive in several Member States. The cooperative relationship, called “deference”, is based on the autonomy and voluntary willingness of national courts ...
24.
Towards New Procedures between State and Regional Legislatures in Italy, Exploiting the Tool of the Early Warning Mechanism
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
The early warning mechanism represents an opportunity for building new and direct relationships between regional councils and the national parliament, which to date have been substantially lacking in Italy. ...
25.
National and Regional Parliaments in the EU decision-making process, after the Treaty of Lisbon and the Euro-crisis
(Nicola Lupo/Essay)
(Nicola Lupo/Essay)
... Neither National nor Regional Parliaments are given a real power of veto. However, their active involvement – through the day-to-day activity of direction and scrutiny of their executives and sometimes ...
26.
Indirect Taxation and the role of the European Court of Justice within the preliminary reference procedure
(Ricardo García Antón/Essay)
(Ricardo García Antón/Essay)
This article examines the interpretation of indirect taxes by the Court of Justice of the European Union (hereinafter, “CJEU” or “the Court”) by means of the preliminary reference procedure. It is argued ...
27.
Security Council Resolutions before European Courts: The Elusive Virtue of Non Direct Effect
(Andrea Guazzarotti/Essay)
(Andrea Guazzarotti/Essay)
UN Security Council resolutions lack direct effect, as they are not intended to oblige States in terms of means but just of results. This statement by the ECJ in the Kadi judgment has recently been used ...
28.
Regulatory Framework of Local Citizen Participation: Instruments of Direct and Participative Democracy in the Municipal Field
(Enriqueta Expósito/Essay)
(Enriqueta Expósito/Essay)
This article focuses on the analysis of the regulatory framework of citizen participation in the local government, which organises direct and participatory democracy at the local level, and identifies ...
The referendum is a poorly used mechanism for direct participation in the Spanish system, at both state and regional level. The discussion on the feasibility of this system at regional level has been examined ...
... by governments, so they must be taken into account, even if not being bound by them, ranking them among the institutions of representative democracy and those of direct democracy. These activities are ...
... after many Italian authorities and citizens had direct knowledge of the Participatory budgeting of Porto Alegre – the simple participation evolved into various forms of Participatory Democracy. Many Italian ...
The Spanish Constitution has strict regulations regarding direct and participatory democratic mechanisms (referendum, popular legislative initiative). The Constitution has adopted the most restrictive ...
... of democracy: representative, direct and participatory, in the framework of the new generation of Statutes passed last decade in both countries. Instruments of participation are introduced in the decision-making ...
... reached is that local and regional referendums are midway between the principle of representative democracy and the needs for direct democracy, and can therefore be a useful means in the study of the functioning ...
35.
Instruments of participation at regional level: an introduction to the Italian framework in new ordinary statutes
(Anna Mastromarino/Essay)
(Anna Mastromarino/Essay)
The new ordinary statutes of Italian Regions attempt to reconcile the more traditional instruments of representative and direct democracy with the new instruments of participatory democracy. While no original ...
... a trend towards an increase of the EU federal features can be discerned. Eventually, to overcome the current crisis more steps in this direction are needed. ...
... Human Rights, the possibility to bypass the limits of the European Convention’s direct effect through the application of the Charter’s equivalent rights ...
38.
Protection of EU citizens abroad: A legal assessment of the EU citizen’s right to consular and diplomatic protection
(Madalina Bianca Moraru/Essay)
(Madalina Bianca Moraru/Essay)
... the right to protection abroad (Art. 20(2)(c) TFEU). The paper will demonstrate that the EU citizen has a clear, individual and directly effective right to receive non-discriminatory protection in third ...
... directly by the citizens to the European budget. A new resource could also be assured with the approval of the proposal recently put forward by the European Commission in a Draft Directive to introduce ...
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 ...