41.
Eurosceptic Federalism: Paradoxes and Relevance of a long-running Critique of European Integration
(Tommaso Visone/Essay)
(Tommaso Visone/Essay)
... necessity to defend national sovereignty against the threat of Brussels. But if we take a more in-depth look, we can see how European Integration has fed two different approaches to European federalism: ...
42.
Differentiated integration contingent on objective ability: a federalist critique
(Samo Bardutzky/Essay)
(Samo Bardutzky/Essay)
This article is inspired by the 2017 discussions on the future of Europe (in particular some of the ideas debated in the White Paper on the Future of Europe, published by the European Commission) and the ...
43.
The past, present and future of the EU's federal experience
(Francisco Pereira Coutinho & Martinho Lucas Pires/Editorial)
(Francisco Pereira Coutinho & Martinho Lucas Pires/Editorial)
... renewed discussion of European integration. It was also an opportunity for discussing the EU through the lens of “federalism”, i.e. to look at it from the perspective of federal theory and / or through ...
44.
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)
This paper analyses the ways in which the Unfair Contract Terms and Unfair Commercial Practices Directives try to steer a path between imposing a common European standard and allowing national variation. ...
45.
How to Bridge the Gaps between Competing Paradigms for EU Law: An Introduction
(Marta Simoncini and Gert Straetmans/Editorial)
(Marta Simoncini and Gert Straetmans/Editorial)
For the first time since its creation, the European Union (EU) has been living its probably most significant identity crisis. This crisis has its roots in different critical situations that have hit the ...
46.
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)
The EBU represents a clear investment in administrative integration with clear implications for the constitutional features of the EU. This paper aims to give an analysis of the administrative arrangements, ...
The paper deals with the validity of constitutional pluralism as a constitutional theory for the European Union and a paradigm for the understanding of EU law in the current times of crisis. It reconstructs ...
... in the EU. It argues that the EU’s constitutional framework is not sufficiently responsive to changing material conditions or to the changing preferences of Europeans. Thus, EU constitutionalism needs ...
49.
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)
This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and ...
50.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... in the European Union. Indeed, both strands of legitimation of public power are represented here with original proposals, according to the specificity of the supranational condition. But even more interesting ...