Unlike most other federal states, the Belgian federation has kept the organisation of the judiciary as a federal competence. The reasons are historical, principled, practical as well as political. Meanwhile, ...
2.
Jurisdiction and Pluralism: Judicial Functions and Organization in Federal Systems. The Case of Germany
(Dian Schefold/Essay)
(Dian Schefold/Essay)
This article analyses the model of judicial federalism that has developed in the Federal Republic of Germany. As the constitutional history of Germany reveals, federal regulation of the judiciary has often ...
3.
Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
(Jens Woelk/Essay)
(Jens Woelk/Essay)
The thematic focus of this issue of Perspectives on Federalism shall analyse phenomena of pluralism in the judiciary of federal systems: ‘Jurisdiction and Pluralisms: Judicial Functions and Organisation ...
4.
Fiscal Federalism Policy in Somalia: Emerging Challenges and Agenda for Reform
(Najibullah Nor Isak and Ali Yassin Sheikh Ali/Essay)
(Najibullah Nor Isak and Ali Yassin Sheikh Ali/Essay)
... issues among the federal government and member states. Two case studies of federalism are examined, showing how Nigeria and Ethiopia fared in the process of their fiscal decentralization, functions and ...
5.
Are You Ready for That? The Next European Elections as a Crucial Moment in the History of the EU
(Giuseppe Martinico/Editorial)
(Giuseppe Martinico/Editorial)
... participates in the function historically played by constitutionalism. ...
6.
Transnational Parliamentarism and the Dynamics of the IPC CFSP/CSDP: Policy-making, Accountability and Cooperation
(Kolja Raube and Daan Fonck/Essay)
(Kolja Raube and Daan Fonck/Essay)
... the IPC’s functioning reflects its constitutive intergovernmental logic, or whether its behaviour in practice might be guided by a transnational logic, hence becoming something more than just the parliamentary ...
7.
A ‘second youth’ for the EU Speakers’ Conference? A critical appraisal of its ‘quasi-constitutional’ role
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... by trying to exercise a rule-making function over the many inter-parliamentary venues of the EU’s system of government. The fulfilment of such a function has certainly not been made any easier as a consequence ...
... its current functioning. The author claims that the Swiss Federal Assembly is still based on almost perfect bicameralism but that the second Chamber only very imperfectly represents the regions. Having ...
Discussions regarding the functional design of second chambers in federal or quasi-federal systems seem to focus mainly on legislative functions. Thus, extra- or non-legislative functions related to the ...
10.
The Lesson from the Modern American Federalism: A Challenge to Effective Public Policy Performance
(Geiguen Shin/Essay)
(Geiguen Shin/Essay)
... or conservative influence on public policy performance. Instead, this article suggests that the clear functional responsibility between the federal government and state and local governments have characterized ...
... Several papers compare the organizational and functional design of territorial second chambers. Finally, closer examination is given to the EU’s Committee of Regions and the second chambers in Austria, ...
Legislative functions of federal second chambers are not a homogeneous set of powers, but require comparison and classification. First, the paper will examine the legislative functions of the second chambers ...
13.
History of a (Limited) Success: Five Points on the Representativeness of the Committee of the Regions
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
This article briefly explores the reasons why the Committee of the Regions (CoR) has only partially accomplished its representative function. It is divided into three parts. In the first part I argue that ...
14.
Shared Rule vs Self-Rule? Bicameralism, Power-Sharing and the 'Joint Decision Trap'
(Arthur Benz/Essay)
(Arthur Benz/Essay)
... against the encroachments of central legislation into their areas of responsibility. Both functions seem to be best fulfilled in legislative systems requiring joint decisions of legislative chambers. Depending ...
... resulting in a clear prevalence of the latter, mainly focuses on two aspects: the exercise of legislative function and, in parliamentary regimes, the confidence vote. In spite of the unquestionable relevance ...
16.
A Federal Turn? The European Union's Response to Constitutional Crises in the Member States
(Matteo Bonelli/Essay)
(Matteo Bonelli/Essay)
... legitimacy of the EU constitutional order and its smooth functioning are under threat, but the EU lacks instruments of direct enforcement and coercion. Several authors have therefore proposed to ‘federalize’ ...
17.
An Opportunity for Reflection – A Special Issue on “The Constitution of Canada: History, Evolution, Influence and Reform”
(G. Martinico, R. Albert, A. Baraggia and C. Fasone/Editorial)
(G. Martinico, R. Albert, A. Baraggia and C. Fasone/Editorial)
... powers, the judicial function, and the structure of government. In light of these impressive achievements, an international symposium on the Canadian Constitution was held in Pisa at the Scuola Sant’Anna ...
18.
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)
... European consumer with more realistic features. Here, the case law of the CJEU fulfils a bridging function between the labelling requirements in the Foodstuff Regulation, the transparency requirements ...
19.
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)
... EU, have affected its functioning and have fundamentally questioned its legitimacy. The gaps in the EU integration process have been uncovered and the fragmentation of EU policies has become a source of ...
20.
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)
... through which the functions of supervision and resolution are affecting the single financial market. This case study is very interesting because these functions represent a genuine novelty in the history ...