... agency relationships within the European Union, and presents legal and political solutions of the founding treaties which aim to tackle the agency issues. Furthermore, the study analyzes two fundamental ...
... order and of the techniques for the protection of fundamental rights. This article focuses on the model of judicial federalism that has developed in the United States. How does this particular configuration ...
3.
The commons: an innovative basis for transnational environmental law in the era of Anthropocene? The case of Latin America
(Domenico Giannino and Antonio Manzoni/Essay)
(Domenico Giannino and Antonio Manzoni/Essay)
... era: the Anthropocene. The increasing detrimental conditions of most natural ecosystems has elicited the birth in recent decades of a new category of fundamental human rights – strictly coupled with ...
4.
Subnational constitutions between asymmetry in fundamental rights protection and the principle of non-discrimination: a comparison between Belgium (Charter for Flanders) and Switzerland
(Matteo Monti/Essay)
(Matteo Monti/Essay)
This paper investigates the complex relationship between asymmetry and the principle of non-discrimination from the perspective of subnational fundamental rights. The research question of this paper concerns ...
5.
The voting systems in the Council of the EU and the Bundesrat – What do they tell us about European Federalism?
(Jacek Czaputowicz and Marcin Kleinowski/Essay)
(Jacek Czaputowicz and Marcin Kleinowski/Essay)
... for more than half a century. At the same time, the system of double majority is fundamentally different from the assumptions on which voting systems in federal states are based, including in the Bundesrat. ...
6.
Constitutional and administrative paradigms in judicial control over EU high and low politics
(Pola Cebulak/Essay)
(Pola Cebulak/Essay)
... actor) or constitutional (judicial review as guarantee of fundamental rights) in character and determined by the Court itself. Even though one would expect a dominance of the administrative paradigm in ...
7.
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 ...
... to ASEAN Human Rights Declaration (2012) or general political principles adopted inside ASEAN we will find several value-oriented peculiarities that distinguish it from EU political and juridical fundamental ...
9.
Austerity on the loose in Portugal: European judicial restraint in times of crisis
(Francisco Pereira Coutinho/Essay)
(Francisco Pereira Coutinho/Essay)
... references submitted by Portuguese lower courts that questioned the compatibility with the Charter of Fundamental Rights of the EU of national budgetary measures that implemented the MoU. At the bottom, ...
... to achieve this goal. Strengthening the EMU’s democratic profile is a fundamental requirement for the sustainability of the EMU as much as its completion with a fiscal and economic arm. Yet, according ...
... of 2008+ and the strong criticism of traditional economics, it also became a fundamental element of economic development in the XXI century. This new model is based on a solid and integrated economic, ...
12.
Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law
(Leandro Mancano/Essay)
(Leandro Mancano/Essay)
... with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law. ...
This note analyses a peculiar feature of the ESM, namely the lack of an acceptable set of standards for the fundamental democratic principle of transparency. Moving from the particular nature of this mechanism, ...
... 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 ...
15.
Subnational Constitutions; The Belgian Case in the Light of the Swiss Experience
(Olivier Van der Noot/Essay)
(Olivier Van der Noot/Essay)
... what Belgium could gain from fully-fledged subnational Constitutions in terms of fundamental Rights protection and of legal certainty if such Constitutions were authorized and assesses the hypothesis of ...
16.
Movement towards a Flemish Constitution: the Charter for Flanders, another failed attempt?
(Sarah Lambrecht/Essay)
(Sarah Lambrecht/Essay)
... but rather an important political value. First, the text reveals a strong connection with the EU. The Charter’s drafters interwove the fundamental right provisions in the Belgian Constitution with those ...
17.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
The transformation of a patchwork of Westphalian nation-states into a multi-level legal order where competences and responsibilities interlock, brings about the fundamental question as to who should do ...
18.
Riddle Me This, Riddle Me That: Anti-social Behaviour, Vagueness and Judicial Discretion in the United Kingdom
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
... came into force, a lot of doubts were raised as to the dangerously arbitrary nature of these measures given that, while imposing heavy limitations on freedom of movement and other fundamental rights and ...
19.
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 ...
20.
Security Council Resolutions before European Courts: The Elusive Virtue of Non Direct Effect
(Andrea Guazzarotti/Essay)
(Andrea Guazzarotti/Essay)
... orders. Giving the absence of a judicial interlocutor in the UN “smart sanctions” system and the difficulty to make the former compatible with European fundamental principles, the second-best solution ...