For a long time considered, improperly, a sort of ‘nuclear’ option, Article 7 TEU is the key EU Treaty provision in the field of values enforcement. In the context of the Union’s current rule of law crisis, ...
2.
A New Form of Democratic Oversight in the EU: The Joint Parliamentary Scrutiny Group for Europol
(Ian Cooper/Essay)
(Ian Cooper/Essay)
... rather than a whole policy field. The JPSG is also distinctive in a number of key respects, including a stronger legal basis, more restrictive membership and participation rules, greater continuity of ...
... Spain, Switzerland and the United Kingdom. By grouping the functions into different categories (relations with the Government, appointment functions and functions in the field of international affairs, ...
4.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... is that the research into the characteristics of supranational integration has been one of the most significant fields in which the legitimation “from above” has reappeared in Western thought after a rather ...
5.
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)
... field, where these mere contacts between the two systems have become intersections and overlaps. The present article will try to shed light on the still unsolved and problematic issues to which overlapping ...
... I examine sub-national constitutional politics in the five new Länder and bring the role parties played in this policy field to the fore. Overall, I conclude that cooperative federalism did not impact ...
7.
National parliaments fighting back? Institutional engineering as a successful means to become active actors in EU affairs
(Diane Fromage/Essay)
(Diane Fromage/Essay)
... the role other institutions, such as constitutional courts, have played in this field. It is argued that while these arrangements may have been successful in allowing national parliaments to play a greater ...
8.
Solidarity in the European Union in Times of Economic Crisis
(Jerónimo Maillo and Justo Corti/Editorial)
(Jerónimo Maillo and Justo Corti/Editorial)
... crisis but tackles other related fields such as its impact on services of general economic interest or the European budget, as well as other areas where solidarity is also discussed such as the free movement ...
9.
The emergence of New Economic Governance and its impact on Services of General Economic Interest
(Marta Legnaioli/Essay)
(Marta Legnaioli/Essay)
... in Italy and Portugal and the evolution of several indicators, such as unemployment rates and the percentage of citizens at risk of poverty.The analysis demonstrates that measures adopted in the field ...
10.
Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments
(Astrid Lorenz/Essay)
(Astrid Lorenz/Essay)
The article analyses constitutional politics in the German Länder in the field of minors’ rights. Since this issue seems a purely legal matter dealt with at the federal, European and international level, ...
11.
Answers to Spanish centrifugal federalism: Asymmetrical federalism versus coercive federalism
(Esther Seijas Villadangos/Essay)
(Esther Seijas Villadangos/Essay)
... different intentions: the federalization of Spain implies a previous transition to federalism from a virtual field to a real field. We will review the main features in this transition. Post-conversion, ...
12.
On the Brink of a Federal State? The Decentralisation Model of the Peruvian Constitution
(Maria Bertel/Essay)
(Maria Bertel/Essay)
... and organic provisions in the field of decentralisation to highlight the most crucial problem areas of the decentralisation process. I will examine the question of whether Peru is a unitary or a federal ...
13.
National Supreme Courts and the EU Legal Order: Building a European Judicial Community through Networking
(Simone Benvenuti/Essay)
(Simone Benvenuti/Essay)
... to the potential development of European judicial communities as a pre- condition for an integrated European legal order. It concludes by stressing the need for stronger empirical accounts in this field ...
14.
Riddle Me This, Riddle Me That: Anti-social Behaviour, Vagueness and Judicial Discretion in the United Kingdom
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
Earlier this year, the UK Parliament passed an Act aimed at redesigning the legislative landscape in the field of anti-social behaviour. It is no secret that, when anti-social behaviour legislation first ...
15.
Thinking ahead of disasters. The role of risk regulation in the European Union
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... starts. Disaster risk regulation has therefore become a significant field of legislation aimed at complementing and supporting disaster relief measures through precautionary action.It however represents ...
16.
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)
... Finally, in the particular field of personal data retention, the judicial activism of the Luxembourg Court in upholding the validity of EU legislation is heavily criticized in light of the protection of ...
17.
The international role of the European Parliament: The SWIFT Affair and the ‘re-assessed’ European institutional balance of power
(Maria Romaniello/Essay)
(Maria Romaniello/Essay)
... Treaty enhanced the European Parliament’s role in that field and although it cannot act as a full legislator, it nonetheless acquired new powers for acting internationally. One of the most important achievements ...
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)
... that the nature of the relationship between the national courts that send requests for preliminary rulings and the CJEU has undergone profound changes. By analysing the case law in the field of indirect ...
19.
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 ...
20.
A First Important Experience in Participatory Democracy in Italy: Region of Tuscany Law No. 69 of 27 December 2007
(Cecilia Corsi/Essay)
(Cecilia Corsi/Essay)
... in the field of public law or political science or of proven experience in participatory methodologies and practices. Public debate assumes the form of an articulated discussion on major measures with ...