1.
Self-rule vs. Shared Rule: The Design and Evolution of Federal Institutions in Colombia
(Kent Eaton/Essay)
(Kent Eaton/Essay)
... by transforming the Senate into a body that would be elected in a single nationwide district. Second, what explains the instability of self-rule without shared rule in the years after 1991 when the opposite ...
2.
A New Form of Democratic Oversight in the EU: The Joint Parliamentary Scrutiny Group for Europol
(Ian Cooper/Essay)
(Ian Cooper/Essay)
... police cooperation (Europol). This paper chronicles and explains the lengthy legal and political process leading up to the first meeting of the Europol JPSG in October 2017, and the establishment of its ...
3.
Bi-Ethnic Federalism and the Question of Sovereignty: Understanding the Competitive Security Postures in Cyprus
(Pavlos I. Koktsidis/Essay)
(Pavlos I. Koktsidis/Essay)
... by the Greek and Turkish Cypriot leaderships, and explains how the divergent viewpoints and understandings of sovereignty reflect the underlying security fears and suspicion of parties. The analysis finds ...
4.
Attempts to change the British House of Lords into a second chamber of the nations and regions: explaining a history of failed reforms
(Meg Russell/Essay)
(Meg Russell/Essay)
The House of Lords is the world’s longest-established and probably best-known second chamber. Wholly unelected, with most members appointed for life, it appears a vestige of the ‘elite’ form of bicameralism ...
... cannot be explained today by constitutional pluralism as a paradigm, linked to the current economic and political crises in the Union. The reconstruction of the debate is complemented with reflections ...
6.
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)
... It reasserts through functional analysis the suitability of constitutional identity for organizing and explaining multiple constitutional orders in a non-hierarchical and inclusive way. The article is ...
7.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
This article questions the idea that the EU is a pure regulatory power based on supranational delegation of competence from the Member States. It claims the insufficiency of this single paradigm to explain ...
8.
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)
... of the ECB proposed by the two Supreme Courts in their case-law, and will explain why the legality of the ECB’s activity will be re-examined in the near future. ...
... to the constitution privilege bargaining and intertwined policy-making as modes of conflict resolution and thus support grand coalitions. In this paper I will explore whether this theory can explain constitutional ...
10.
The Revision of the Multiannual Financial Framework 2014-2020. A Round-up of Key Issues at Stake
(Magdalena Sapała/Essay)
(Magdalena Sapała/Essay)
... However, experience of past reviews and the requirement of a unanimous vote in the Council on the revision of the MFF raise concerns about the final result of the exercise. This paper explains how the ...
11.
Solidarity in the European Union in Times of Economic Crisis
(Jerónimo Maillo and Justo Corti/Editorial)
(Jerónimo Maillo and Justo Corti/Editorial)
The present special issue of Perspectives on Federalism reflects on the nature and characteristics of solidarity within a supranational context, it explains what solidarity has meant so far in the EU, ...
... of different forms of legal interest. Part three examines how later case-law has tried to explain the problematic interpretation of early cases and its relationship with the Charter of Fundamental Rights ...
... v DEMO Anonimos). The first part will explain the process of claiming patents at the national as well as the European level in order to understand the complexity of patent law, the second part will deal ...
14.
Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments
(Astrid Lorenz/Essay)
(Astrid Lorenz/Essay)
... in which they can pursue their goals. Thus the study shows that federal and regional party strategies are key factors in explaining policy diffusion in multi-level systems. ...
15.
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)
... The Commission seems to be well-fitted for that purpose and therefore it is at the core of my analysis and my reform proposals. After explaining the so called Commission’s paradox (decline but growing ...
16.
The Evolutionary Economic Implications of Constitutional Designs: Lessons from the Constitutional Morphogenesis of New England and New Zealand
(Benjamen F. Gussen/Essay)
(Benjamen F. Gussen/Essay)
... Constitutional economics, through the works of its founding father, James Buchanan, is employed to explain the effects of these constitutional choices. The paper argues that empowering local government ...
17.
Subnational Constitutions; The Belgian Case in the Light of the Swiss Experience
(Olivier Van der Noot/Essay)
(Olivier Van der Noot/Essay)
... recalls that process, explains the legal nature of the resulting (unadopted) text, determines to what extent this text can be called “paralegal”, tries to show – in the light of the Swiss experience – ...
18.
Indirect Taxation and the role of the European Court of Justice within the preliminary reference procedure
(Ricardo García Antón/Essay)
(Ricardo García Antón/Essay)
... taxation, the aim is to identify the new elements that frame this jurisdictional dialogue, as well as to explain how this framework affects the hermeneutic criteria employed by the Court. Finally, in this ...
19.
The Importance of Consistent Interpretation in Subnational Constitutional Contexts: Old Wine in New Bottles?
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
... of the proliferation of fundamental charters in non- federal systems; second, I am going to frame this issue within the categories of some fashionable constitutional theories; third, I will try to explain ...
20.
Federalism Theory and Neo-Functionalism: Elements for an analytical framework
(Søren Dosenrode/Essay)
(Søren Dosenrode/Essay)
... as a regional integration theory. Another is to look at federalism theory as complementary to neo-functionalism when trying to explain regional integration. Federalism theory, in an extended Riker-McKayian ...