... and restraint in respect of Member State autonomy. Through creative and pragmatic conflict-resolution the EU can and should conjure the political courage to find the limits of potential commitment. ...
2.
Self-rule vs. Shared Rule: The Design and Evolution of Federal Institutions in Colombia
(Kent Eaton/Essay)
(Kent Eaton/Essay)
In 1991, Colombia shifted from a territorial regime that combined shared rule with limited self-rule to the opposite configuration: extensive self-rule without shared rule. The radical shift between these ...
... by a limited extent of self-rule and the concentration of power at the centre. The question this article addresses is whether, and if so, how, the federal character of the state organisation impacts on ...
4.
Addressing the limits of autonomy: Origin, organization and purpose of horizontal intergovernmental forums in three federations
(Yonatan Tesfaye Fessha/Essay)
(Yonatan Tesfaye Fessha/Essay)
Horizontal intergovernmental forums that bring together the constituent units of a federation are increasingly common. This article examines the origin, organization and purpose of the premium horizontal ...
5.
European Integration and Minority Nationalism: a Literature Review and Avenues for Further Research
(Michal Strnad/Essay)
(Michal Strnad/Essay)
... relationship between European integration and minority nationalism. I find that our present knowledge of this relationship is considerably limited. To remedy this deficit, this article suggests several ...
6.
The Directive on the Fight against Fraud to the Union’s Financial Interests and its Transposition into the Spanish Law
(Demelsa Benito Sánchez/Essay)
(Demelsa Benito Sánchez/Essay)
... leaves an extensive leeway to Member States in the definition of the crimes, sanctions and limitation period, which may hinder any desired harmonisation of national legislations. On the other side, it ...
7.
Devolution and Peacebuilding in Kenya, fact or illusion? The case of Marsabit County
(Ibrahim Harun/Essay)
(Ibrahim Harun/Essay)
Devolution and the associated mechanisms of governance, such as power-sharing, limited government, a reformed system of public administration and civic engagement, and its features that include the protection ...
8.
Reimagining Congress's Treaty-Implementing Authority: An Originalist Case for the Unexplored Middle Ground
(Robert A. Flatow/Essay)
(Robert A. Flatow/Essay)
... because it is necessary and proper to making future ones. Congress’s power to implement treaties is not unlimited, however, and the approach herein expects it to account for its efforts to accommodate ...
9.
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)
... national identity in fundamental rights. The second part of the paper (section 3) explores the limits, stemming from the equality principle, to the asymmetry of fundamental rights as derived from subnational ...
... within the European Union, the (perceived and real) limits of Article 7 TEU and the inertia of the EU institutions cast a shadow over the procedure’s effective implementation. ...
11.
A ‘second youth’ for the EU Speakers’ Conference? A critical appraisal of its ‘quasi-constitutional’ role
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... capacity among the MS and the EU. Despite these limitations, the ‘quasi-constitutional’ role of the EU Speakers’ Conference has mainly consisted of approving guidelines, if not directly rules of procedure, ...
12.
Inter-parliamentary Cooperation in the EU and outside the Union: Distinctive Features and Limits of the European Experience
(Elena Griglio and Nicola Lupo/Essay)
(Elena Griglio and Nicola Lupo/Essay)
The article draws comparisons between inter-parliamentary cooperation in the European Union and at the international level. It recognises that, notwithstanding a strong international imprint, inter-parliamentary ...
13.
History of a (Limited) Success: Five Points on the Representativeness of the Committee of the Regions
(Giuseppe Martinico/Essay)
(Giuseppe Martinico/Essay)
This article briefly explores the reasons why the Committee of the Regions (CoR) has only partially accomplished its representative function. It is divided into three parts. In the first part I argue that ...
14.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
This article questions the idea that the EU is a pure regulatory power based on supranational delegation of competence from the Member States. It claims the insufficiency of this single paradigm to explain ...
15.
Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
(Antonia Baraggia and Maria Elena Gennusa/Essay)
(Antonia Baraggia and Maria Elena Gennusa/Essay)
International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection ...
... and limited government, thrive. Global control is now the favored progressive tactic to overcome such principles, and no sector of our lives is off limits.This paper intends to examine the motives behind, ...
17.
Conventional Direction to Unconventional Measures: Using Quantitative Easing to shape Eurozone Fiscal Capacity
(Olimpia Fontana and Simone Vannuccini/Essay)
(Olimpia Fontana and Simone Vannuccini/Essay)
... in ongoing policies. The mechanism is described in detail, with a discussion of both its strengths and possible limitations. ...
This paper analyses the case-law of the European Court of Justice on the scope and limits of cross-border access of economically inactive Union citizens to national systems of social assistance. The author ...
19.
An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union
(Edward Grodin/Essay)
(Edward Grodin/Essay)
... Union have arrived at the same broad conclusion about a “nondelegation doctrine”: delegations to administrative agencies should be permitted so long as some limiting principle governs the exercise of that ...
... model has reached its limits with regard to complexity and creativity, politicians and academics should begin to reflect on the seventh state reform with the aim of increasing the transparency of the current ...