This paper highlights the most important institutional evolutions of Belgian federalism stemming from the implementation of the sixth state reform (2012-2014). This reform inter alia included a transfer ...
... with the interpretation of substantive patent law in the light of the Daiichi Sankyo case. ...
23.
Subnational Constitutions; The Belgian Case in the Light of the Swiss Experience
(Olivier Van der Noot/Essay)
(Olivier Van der Noot/Essay)
... recalls that process, explains the legal nature of the resulting (unadopted) text, determines to what extent this text can be called “paralegal”, tries to show – in the light of the Swiss experience – ...
24.
Constitutional bases in the federal conflict over access to health care of undocumented immigrants in Spain
(Irene Sobrino Guijarro/Essay)
(Irene Sobrino Guijarro/Essay)
... care, and highlights the crucial constitutional role of the subnational levels of government in preserving social inclusion policies in a context of general welfare retrenchment. ...
25.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... further the compliance with the principle of subsidiarity. The conclusion will highlight possible future improvements to the enforcement of the principle of subsidiarity at the general level, and as ...
26.
On the Brink of a Federal State? The Decentralisation Model of the Peruvian Constitution
(Maria Bertel/Essay)
(Maria Bertel/Essay)
... and organic provisions in the field of decentralisation to highlight the most crucial problem areas of the decentralisation process. I will examine the question of whether Peru is a unitary or a federal ...
27.
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)
... are also explored. The case-law where constitutional courts exercised their competence to indirectly review the validity of EU legislation is discussed in light of the constitutional pluralism paradigm. ...
28.
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 ...
29.
EU Citizenship before the CJEU: On the importance of the application of the proportionality principle
(Carmen Román Vaca/Essay)
(Carmen Román Vaca/Essay)
... of law in which it is applied and the substance of the conflicting interest at stake. Starting from this premise, the first aim of this paper is to throw light on the rationale of the CJEU when applying ...
30.
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)
... we analyze German “subconstitutionalism” in three steps. First, we will describe and compare Land constitutions in order to highlight differences between them and similarities among them (1.). Second, ...
31.
What Role for Regional Assemblies in Regional States? Italy, Spain and the United Kingdom in Comparative Perspective
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... of reforms and adaptation or decide to adopt institutional solutions already experimented or ‘constitutionally prepackaged’, without any changes. Secondly, it is highlighted that, with the exception of ...
32.
Federalism, Fiscal Federalism and Health Federalism: Standard Costs in Legislative Decree No. 68 of May 6th, 2011
(Giorgio Grasso/Essay)
(Giorgio Grasso/Essay)
... of calculation employed by Legislative Decree No. 68/2011, are highlighted, leading us to propose some minor amendments to the text of the Decree ...
... to read them in light of the constitutional dynamics of the EU. ...
34.
We're one, but we're not the same: Enhanced Cooperation and the Tension between Unity and Asymmetry in the EU
(Carlo Maria Cantore/Essay)
(Carlo Maria Cantore/Essay)
... (on divorce and patent) have already seen the light of the day. The paper first focuses on the evolution of the rules on "closer cooperation"/"enhanced cooperation" from the Treaty of Amsterdam onwards, ...
35.
Operation Atalanta and the Protection of EU Citizens: Civis Europaeus Unheeded?
(Joris Larik/Essay)
(Joris Larik/Essay)
This paper critically assesses the EU’s anti-piracy operation Atalanta in the light of the protection of Union citizens. The main question is to which extent a Union citizen threatened by pirates off ...
The judgment of the Court of Justice of the EU in the El Dridi case clarifies the scope of application of the Returns Directive, in particular with regard to the difference between criminal detention ...
37.
EU’s Projection of Security Peace Missions as a Tool either for Fusion or Fragmentation
(Gianni Bonvicini/Essay)
(Gianni Bonvicini/Essay)
... it is worth asking , in the light of these experiences, whether and how far this area of cooperation has progressively moved into forms of communitarisation/fusion (to use a theory developed by Wolfgang ...
38.
Italian Regions and Local Authorities within the framework of a new Autonomist System
(Gloria Marchetti/Essay)
(Gloria Marchetti/Essay)
... the need is highlighted to introduce suitable decision-making, planning, and monitoring tools that can ensure an integrated system of governance. In particular, concerted action mechanisms should be implemented ...
... of fiscal federalism and examines the consequences. The Article analyses the most important principles and directive criteria contained in the law, tackles certain problematical aspects and highlights ...
... Conformity can be verified through the apposite links placed at the bottom (footer) of the website. Contrast Beside the standard page visualization with dark characters on light background, a “high contrast” ...