The paper focuses on Canadian Provinces’ role in migrant selection. After an asymmetric approach, that benefited only Quebec, the federal government granted devolutionary powers in migrant selection to ...
22.
Provincializing Constitutions: History, Narrative, and the Disappearance of Canada’s Provincial Constitutions
(Peter Price/Essay)
(Peter Price/Essay)
... and mid-twentieth centuries, focussed on the parallel developments of provincial and federal constitutions. The monist narrative, which has become the dominant model of interpretation since the mid-twentieth ...
23.
Canadian Federalism in Design and Practice: The Mechanics of a Permanently Provisional Constitution
(James A. Gardner/Essay)
(James A. Gardner/Essay)
This paper examines the interaction between constitutional design and practice through a case study of Canadian federalism. Focusing on the federal architecture of the Canadian Constitution, the paper ...
24.
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)
... is developed through a series of contributions that challenge the paradigms in different directions. The discussion is articulated on two levels. On the one hand, a group of contributions focuses on the ...
25.
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)
... constitutionalist stance on the EU and the EU integration. It is focused on the contribution of constitutional identity for the further constitutionalization of the EU from a socio-political and constitutionalist ...
26.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... the developments of EU law and the need to integrate it with recognition of the constitutional foundations of EU law.The analysis demonstrates this by focusing on a specific case study of institutional ...
27.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... destiny. After giving a brief account of how both legitimation strategies have developed in the history of political ideas, attention is focused on the theories regarding the legitimacy of public power ...
28.
Conflicts by Convergence and Deep Disagreements in European Constitutional Law
(Orlando Scarcello/Essay)
(Orlando Scarcello/Essay)
In this essay the question of what kind of conflicts are at stake in the context of European pluralism will be considered, with special focus on the shift from “conflicts by divergence” to “conflicts by ...
29.
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)
... human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitutional Court delivered relevant ...
30.
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 ...
... analysed by the European Commission prior to its 2011 reform proposal. The current outlook for a possible reform focuses on the ongoing work of the high-level group on own resources chaired by Professor ...
32.
Conventional Direction to Unconventional Measures: Using Quantitative Easing to shape Eurozone Fiscal Capacity
(Olimpia Fontana and Simone Vannuccini/Essay)
(Olimpia Fontana and Simone Vannuccini/Essay)
... of the current ‘decentralized’ fiscal policy in the EZ. In a nutshell, we suggest a change in the composition of QE asset purchases, focusing on buying European Investment Bank (EIB) bonds that, in turn, ...
... the major kind of constraints so far adopted. Of each major category the focus is upon institutional weaknesses that create the room for the adoption of circumventing practices. The following section focuses ...
34.
Solidarity in the European Union in Times of Economic Crisis
(Jerónimo Maillo and Justo Corti/Editorial)
(Jerónimo Maillo and Justo Corti/Editorial)
... how much solidarity we had during the crisis, what type of solidarity is needed and how to build it. It focuses on the new economic governance and its solidarity mechanisms during and after the economic ...
35.
The European Stability Mechanism: Human Rights Concerns Without Responsibilities?
(Arianna Vettorel/Essay)
(Arianna Vettorel/Essay)
... assistance on the basis of strict conditionality measures, which seriously affect human rights (particularly social and economic rights).The paper focuses on the impact of the actions of the European Stability ...
36.
An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union
(Edward Grodin/Essay)
(Edward Grodin/Essay)
... At the same time, the focus will be redirected from substantive limits to procedural controls; accordingly, this Note advocates for a European Administrative Procedure Act. ...
... frameworks stipulated in support of federalism and subnational governance. The analysis shall be focused on the Local Governments Ordinance of 2001 and the 18th Constitutional Amendment, as these have ...
38.
Eurocrisis and Regional States: New trends in the European Regional Policy and the Regions’ future
(Maribel González Pascual/Essay)
(Maribel González Pascual/Essay)
This article focuses on the impact of the Eurocrisis on Regions and the role played by the European Regional Policy. Budget constraints and austerity measures determine to a large extent social policies, ...
39.
National parliaments and governmental accountability in the crisis: theory and practice
(Diane Fromage/Essay)
(Diane Fromage/Essay)
... and Euro summits organized between 2010 and 2014. It first analyzes the formal obligations these Governments have in this domain before focusing on the practice; how National parliaments have used their ...
This contribution deals with the role of the European Council in the institutional framework of the European Union, as it has been laid down by the Lisbon Treaty. It focuses on its rising influence, even ...