21.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... is a legal principle, and will demonstrate through comparative studies how precisely it can and ought to be enforced. From a comparative study of subsidiarity-like clauses such as art. 72 II of the German ...
... these approaches, provides us with prototypes for a centralist approach (the UK), a gate-keeper approach (Germany) and a dualist approach (Belgium). At the same time, these indicators can be used to refine ...
... – or, to put it shortly, no voice and no vote. Or rather, in the expressive German phrase: the European Community had long practised Landesblindheit. This paper considers the evolving role of Spanish Autonomous ...
... topicality and has also been called for by several EU governments, including that of Germany, ever since the economic crisis has begun to threaten the very survival of the Euro. The aim of this paper is ...
25.
Subconstitutionalism in a Multilayered System. A Comparative Analysis of Constitutional Politics in the German Länder
(Astrid Lorenz - Werner Reutter/Essay)
(Astrid Lorenz - Werner Reutter/Essay)
Even though there have been some revaluations of the Länder in the last two decades German debates on federalism hardly take subnational constitutional politics into account. For example, textbooks on ...
... both federal systems (the United States and Germany) and regional or autonomic systems (Italy and Spain). The analysis of organs and procedures allows to draw some conclusions: the presence of a system ...
27.
Exploring Subnational Constitutionalism: A Special Issue
(Giacomo Delledonne - Giuseppe Martinico/Essay)
(Giacomo Delledonne - Giuseppe Martinico/Essay)
... in those federal or regional contexts where subnational polities do not have a legal document formally called “constitution”. Some contributions have a national focus (on Belgium, Spain, Germany, Argentina, ...
Recently Germany experienced yet another federal reform shortly after a previous modification to the German federal system. This paper explains agenda setting, negotiations and ratification of this recent ...
29.
The German Constitution in the future of the European Union after the sentence of the Federal Constitutional Court on the Lisbon Treaty
(Thomas Jansen/note)
(Thomas Jansen/note)
This note analyses the legal reasoning and the motivations of the recent judgment of the German Constitutional Court on the Lisbon Treaty and considers the possible impact of this ruling on the future ...
This note provides a brief comment on the Lisbon Urteil of the German Constitutional Court. The author points out the ambiguities of the judgment and its possible impact on the European integration process ...
From a “formalistic” point of view the Regions are and have been neglected (especially in the past) in the EU law context. To express such a situation the German constitutional lawyers used the formula ...