21.
A Federal Turn? The European Union's Response to Constitutional Crises in the Member States
(Matteo Bonelli/Essay)
(Matteo Bonelli/Essay)
The EU has not yet found effective answers to constitutional crises in its Member States, in particular Hungary and Poland. Due to systemic problems of compliance with the common values of Art. 2, the ...
22.
Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself
(Ming-Sung Kuo/Essay)
(Ming-Sung Kuo/Essay)
... reactions from Member States. Second, I provide a critique of the administrative model in the light of GAL’s intervention in inter-regime relations, suggesting a post-identity constitutional alternative ...
23.
The Functions of Constitutional Identity Performed in the Context of Constitutionalization of the EU Order and Europeanization of the Legal Orders of EU Member States
(Martin Belov/Essay)
(Martin Belov/Essay)
This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and ...
24.
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 ...
25.
Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis
(Peter L. Lindseth/Essay)
(Peter L. Lindseth/Essay)
... involves ‘politics’ or has profound ‘constitutional’ implications for its member states or citizens. The ‘administrative, not constitutional’ paradigm is meant only to stress that the ultimate grounding ...
26.
Austerity on the loose in Portugal: European judicial restraint in times of crisis
(Francisco Pereira Coutinho/Essay)
(Francisco Pereira Coutinho/Essay)
... by the European Commission on behalf of the European Union (EU) and the Member States. The MoU was never published in an official journal or even translated into the Portuguese language. Its implementation ...
27.
National parliaments fighting back? Institutional engineering as a successful means to become active actors in EU affairs
(Diane Fromage/Essay)
(Diane Fromage/Essay)
... in EU affairs. This paper analyses how national parliaments (and their members) have reacted to the challenge the European integration process has represented for them while it also takes due account of ...
28.
The Legitimacy of Discriminatory Disenfranchisement? The Impact of the Rules on the Right to Vote in the Bremain/Brexit Referendum
(Allan F. Tatham/Editorial)
(Allan F. Tatham/Editorial)
... citizens living in other EU Member States for more than 15 years remain barred from voting in the June 2016 referendum.The case sparks further consideration of the voting rules in general and may therefore ...
29.
Some considerations on the relationship between economic and social cohesion and implementation of the cohesion policy
(Małgorzata Dziembała/Essay)
(Małgorzata Dziembała/Essay)
... promotes economic, social and territorial cohesion among Member States (MS) through grants of financial assistance and in the many benefits achieved from the implementation of EU policies. One of these ...
30.
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)
... supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered ...
31.
The European Stability Mechanism: Human Rights Concerns Without Responsibilities?
(Arianna Vettorel/Essay)
(Arianna Vettorel/Essay)
The current financial problems of some Euro-area Member States have been tackled by ad hoc financial institutions, formed outside of the EU as international institutions and aimed at granting financial ...
... integration, and because economic development of the EU has positive economic returns for them, to a concept of solidarity based on a different rationale; that all member states and the Union are confronted ...
33.
Promoting solidarity in crisis times: Building on the EU Budget and the EU Funds
(Katerina Pantazatou/Essay)
(Katerina Pantazatou/Essay)
... by virtue of the diverging economies, interests and preferences of the Member States, reciprocal or ‘effects-based solidarity’ is the only type of solidarity that has been exhibited among the Member States ...
34.
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 ...
... the interpretation of ne bis in idem based on material facts appears only partially correct and a sense of distrust seems to be cemented between member states creating obstacles to a successful reform ...
36.
Margins of Nationality. External ethnic citizenship and non-discrimination
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
People are usually born into their political communities, and only a minority of them become member of the given community by naturalisation. Sovereign states enjoy a great margin of appreciation in defining ...
37.
Sub-national constitutional politics: contesting or complementing, replicating or innovating, traditional constitutionalism?
(Paulus Blokker and Werner Reutter/Essay)
(Paulus Blokker and Werner Reutter/Essay)
... dealing with the role, the status, the dynamics, and the functions of sub-national constitutional politics and sub-national constitutionalism in a number of member states of the EU as well as in a comparative, ...
... been unimaginable only a decade ago. Yet, the average European citizen is still hardly aware of their existence. Some reforms or political actions – such as recognizing individual membership, or sponsoring ...
39.
Eurocrisis and Regional States: New trends in the European Regional Policy and the Regions’ future
(Maribel González Pascual/Essay)
(Maribel González Pascual/Essay)
... which have been traditionally designed and implemented by the Regions of Member States such Italy or Spain. This trend is particularly troublesome because one of the main Regions’ sources of legitimacy ...
40.
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 ...