1.
Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
(Jens Woelk/Essay)
(Jens Woelk/Essay)
Tags: [Germany, federalism, rule of law, unity of the judiciary, judicial pluralism, Jens Woelk, Pespectives on Federalism, 2020] ...
... after the German and French elections. ...
In this article I explore the judicial dimension of federal systems from a subnational perspective. The findings show that regardles of the type of federalism subnational courts of last resort underscore ...
4.
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 ...
... as ‘classic models’ of ‘judicial federalism’, namely the United States and Germany. This is related to the particularities of Latin American constitutionalism in general, and Argentine constitutionalism ...
6.
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 ...
... jurisdictions like Italy and Germany, the distribution of competences has often come to the spotlight of public attention. ...
In this paper, I examine the degree and causes of judicial activism in a German subnational constitutional court. This research goal entails two dimensions. On the one hand, I explore whether and to what ...
The German Basic Law constitutes federalism as a unique political system which is characterised by intertwined decision-making of the Federation (Bund) and the component units (Länder). The executives ...
... executive branch or the judiciary have been rather neglected in the literature. This paper will examine the extra-legislative functions of second chambers which include Austria, Belgium, Germany, Italy, ...
... Belgium, Germany, Spain, Switzerland and the UK. ...
... of those European states that have a federal or quasi-federal character (Austria, Belgium, Bosnia and Herzegovina, Germany, Italy, Russia, Spain, Switzerland, United Kingdom). Second, the paper addresses ...
13.
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)
... greater power compared to their populations than smaller federal units in the German Bundesrat. The results presented in this paper indicate that the Lisbon system of voting in the Council differs significantly ...
14.
The implementation of EU law by national administrations: Executive federalism and the principle of sincere cooperation
(Rui Tavares Lanceiro/Essay)
(Rui Tavares Lanceiro/Essay)
This paper explores the similarities between the EU’s system of administrative implementation of its legislative acts, and the German and American systems of administrative implementation of their respective ...
15.
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)
In Gauweiler v. ECB, the German Constitutional Court referred for the first time a case to the European Court of Justice. The BVerfG openly doubted the legality of the OMT program of the European Central ...
Constitutional politics seemingly corroborate the assumption that Germany is a Grand Coalition state. In this perspective German cooperative federalism and the supermajority required for any amendment ...
17.
Article 260 TFEU Sanctions in Multi-Tiered Member States
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
... Member States (Austria, Belgium, Germany, Italy, Spain, and the UK) and the relevant national provisions for the partition of financial sanctions. The conclusions pertain to both the central and regional ...
18.
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, ...
19.
National parliaments and governmental accountability in the crisis: theory and practice
(Diane Fromage/Essay)
(Diane Fromage/Essay)
This contribution studies the question of governmental accountability in the crisis. It looks at how three Member State’s parliaments – French, German and Spanish– have exchanged on European Council meetings ...
20.
Multilevel Systems and Sub-National Constitutional Politics in Germany: a Qualitative Comparative Analysis
(Werner Reutter/Essay)
(Werner Reutter/Essay)
... 23 decision-making processes in German Länder and try to find out how far their outcome has been determined by multilevel and / or sub-national factors. Notably, I will refer to three policy areas in which ...