21.
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 ...
22.
“Top-down” vs. “Bottom-up”: A Dichotomy of Paradigms for the Legitimation of Public Power in the EU
(Sergio Dellavalle/Essay)
(Sergio Dellavalle/Essay)
... are vested with executive power are qualified in their function because of their allegedly higher competences, “bottom-up” legitimacy always presupposes that only citizens can properly decide on their ...
23.
Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis
(Peter L. Lindseth/Essay)
(Peter L. Lindseth/Essay)
... The EU’s normative power, like all power of an ultimately administrative character, finds its legitimacy primarily in legal, technocratic and functional claims. This is not to deny that European integration ...
... politics in the German Länder. Firstly, I examine how far sub-national constitutional politics match the functioning of cooperative federalism that is a defining feature of the Grand Coalition state. Secondly, ...
25.
An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union
(Edward Grodin/Essay)
(Edward Grodin/Essay)
... is simply a reflection of the systems’ relative levels of integration. Thus, the nondelegation doctrine will be stretched in Europe as functional regulatory demands arise from wider and deeper integration. ...
26.
Sub-national constitutional politics: contesting or complementing, replicating or innovating, traditional constitutionalism?
(Paulus Blokker and Werner Reutter/Essay)
(Paulus Blokker and Werner Reutter/Essay)
... dealing with the role, the status, the dynamics, and the functions of sub-national constitutional politics and sub-national constitutionalism in a number of member states of the EU as well as in a comparative, ...
27.
Reform options for the EU budget – First reflections on the new departure for a new EU budget
(Mario Kölling/Essay)
(Mario Kölling/Essay)
... by the end of 2016 at the latest, a review of the functioning of the MFF. The review will be accompanied by a legislative proposal for the revision of the MFF 2014-2020. This revision could provide an ...
... the Europarties remain weak in the electoral arena, and in performing a linkage function connecting the EU citizens and institutions. Thus, this article presents the ‘state of the art’ on Europarties and ...
29.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... case at hand. The paper will start with construing a legal conception of subsidiarity and how said principle performs a crucial function in securing legitimacy in a context of multilevel governance. Subsidiarity ...
30.
European Citizens… Mind the Gap! Some Reflections on Participatory Democracy in the EU
(Delia Ferri/Essay)
(Delia Ferri/Essay)
Since 1957, the European Economic Community (EEC) has undergone profound constitutional changes, dictated by the geographic and functional expansion of the EU, but also by the need to heal its original ...
31.
Thinking ahead of disasters. The role of risk regulation in the European Union
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
... that exist between the EU, national administrations, and private parties. These relationships, which govern the functioning of the EU legal order itself, impact on how protection against disaster is designed, ...
32.
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)
... fundamental rights. For the judicial dialogue to function properly, both the Court of Justice and constitutional courts should show “deference” to each other's sensitivities in light of the principle of ...
33.
The evolving role of the Italian Conference system in representing regional interests in EU decision-making
(Elena Griglio/Essay)
(Elena Griglio/Essay)
... the role exercised by such bodies in the EU decision-making process. After a general overview of the main organisational and functional features characterising the activity of these bodies in EU affairs, ...
34.
The scrutiny of the principle of subsidiarity by autonomous regional parliaments with particular reference to the participation of the Parliament of Catalonia in the early warning system
(Esther Martín Núñez/Essay)
(Esther Martín Núñez/Essay)
... Spanish Parliament], the function of receiving the proposals for legislative acts by the EU and transferring them to the regional parliaments in order for the latter to issue, in a brief period of four ...
35.
National and Regional Parliaments in the EU decision-making process, after the Treaty of Lisbon and the Euro-crisis
(Nicola Lupo/Essay)
(Nicola Lupo/Essay)
... a more inter-governmental EU and the development of an “asymmetric” Europe. Under the light of these trends, in fact, a further increase of the scrutiny function of the European Parliament seems an unrealistic ...
36.
What Role for Regional Assemblies in Regional States? Italy, Spain and the United Kingdom in Comparative Perspective
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... the UK, regional Assemblies with legislative powers have experienced a process of progressive weakening, especially on the side of the legislative function. Also in order to counteract this tendency, Regions ...
... reached is that local and regional referendums are midway between the principle of representative democracy and the needs for direct democracy, and can therefore be a useful means in the study of the functioning ...
... From an analysis of the cases, it emerges that there still are some uncertain issues, such as the extent of the competences of the EU, the paradigmatic function of the case-law of the European Court of ...
39.
Constitutional Failure or Constitutional Odyssey? What Can We Learn From Comparative Law?
(Giuseppe Martinico/Review article)
(Giuseppe Martinico/Review article)
... – by describing the EU as an example of “evolutionary constitutionalism” – and a pragmatic one (i.e., looking at the functioning of concrete constitutional experiences), I will focus my paper on this ...
40.
Closer to the citizens? European constitutional processes, communication policy and publicity
(Giulio Itzcovich/Essay)
(Giulio Itzcovich/Essay)
... function: the public management of communication aimed at creating public sphere, improving political communication, participation and trust, building consensus and legitimacy for a governance agency. ...