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 ...
22.
Federalism in post-conflict states: Assessing Somalia's challenges and the way forward
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
... states, and Somalia in particular. The findings of this study will inform Somali policymakers, the Somali populace, the international community, and academia concerning the performance and the practical ...
23.
Are You Ready for That? The Next European Elections as a Crucial Moment in the History of the EU
(Giuseppe Martinico/Editorial)
(Giuseppe Martinico/Editorial)
This issue of Perspectives on Federalism presents a special symposium devoted to the elections of the European Parliament. The EU has frequently been described as a burden, a threat to national sovereignty ...
The 2019 European elections are characterised by many novelties and paradoxes: for the first time they have acquired a high political salience, also thanks to the cleavage between nationalist and pro-EU ...
25.
The commons: an innovative basis for transnational environmental law in the era of Anthropocene? The case of Latin America
(Domenico Giannino and Antonio Manzoni/Essay)
(Domenico Giannino and Antonio Manzoni/Essay)
The purpose of the present paper is to find a theoretical-legal basis for the recent innovative decisions by the Colombian Supreme Court of Justice and by the Inter-American Court of Human Rights on ...
26.
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)
This paper investigates the complex relationship between asymmetry and the principle of non-discrimination from the perspective of subnational fundamental rights. The research question of this paper concerns ...
27.
Environmental subsidiarity in the EU: or halfway to green federalism?
(Tiago de Melo Cartaxo/Essay)
(Tiago de Melo Cartaxo/Essay)
... are still a reality, as a margin of discretion persists for Member States, aimed at maintaining a high level of decentralisation, particularly where issues related to national policies and more (nation) ...
28.
A New Form of Democratic Oversight in the EU: The Joint Parliamentary Scrutiny Group for Europol
(Ian Cooper/Essay)
(Ian Cooper/Essay)
In 2017, a new Joint Parliamentary Scrutiny Group (JPSG) was created to enable members of the national parliaments of the EU and the European Parliament to exercise joint oversight of the EU agency for ...
29.
From procedural disagreement to joint scrutiny? The Interparliamentary Conference on Stability, Economic Coordination and Governance
(Valentin Kreilinger/Essay)
(Valentin Kreilinger/Essay)
The provision of Article 13 TSCG to create an Interparliamentary Conference was the starting point for long discussions after which national parliaments and the European Parliament eventually reached a ...
30.
Transnational Parliamentarism and the Dynamics of the IPC CFSP/CSDP: Policy-making, Accountability and Cooperation
(Kolja Raube and Daan Fonck/Essay)
(Kolja Raube and Daan Fonck/Essay)
This contribution proposes a framework of transnational parliamentarism to study inter-parliamentary cooperation, and applies it to the interparliamentary conference on CFSP/CSDP. It asks to what extent ...
31.
The Contribution of COSAC to Joint Parliamentary Scrutiny in the EU: A Practitioner’s View
(Bruno A. Dias Pinheiro/Essay)
(Bruno A. Dias Pinheiro/Essay)
COSAC has played an active role in fostering and developing interparliamentary cooperation since it has proven to be an effective model that has helped shape a supranational layer of influence for NPs. ...
32.
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 ...
33.
Federalism and constitution: States’ participation in constitutional reform as a guarantee of the federalisation process. (A study of Spain’s unique model)
(María Reyes Pérez Alberdi/Essay)
(María Reyes Pérez Alberdi/Essay)
... into the recent crisis in this ‘State of Autonomies’, which is now facing the breakdown of national unity. ...
34.
A comparison of existing forums for interparliamentary cooperation in the EU and some lessons for the future
(Diane Fromage/Essay)
(Diane Fromage/Essay)
Interparliamentary conferences and other permanent forums for interparliamentary cooperation are blossoming in the European Union. Following more or less lengthy negotiations between national and European ...
35.
Inter-parliamentary cooperation as a means for reinforcing joint scrutiny in the EU: upgrading existing mechanisms and creating new ones
(Elena Griglio and Stelios Stavridis/Editorial)
(Elena Griglio and Stelios Stavridis/Editorial)
... process. Its objective is to show, beyond the mere sharing of information and the comparison of best practices at a supranational and transnational level, whether existing inter-parliamentary practices ...
36.
Bicameralism in Belgium: the dismantlement of the Senate for the sake of multinational confederalism
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
... to the needs of multinational conflict management, and that complying with the federative ideal of an upper house giving voice to the collective needs of the sub-states would stand in the way of the evolution ...
... Spain, Switzerland and the United Kingdom. By grouping the functions into different categories (relations with the Government, appointment functions and functions in the field of international affairs, ...
38.
Beyond Second Chambers: Alternative Representation of Territorial Interests and Their Reasons
(Francesco Palermo/Essay)
(Francesco Palermo/Essay)
The paper contends that bicameral systems, irrespective of their differences in composition and powers, are unfit to represent territorial interests in the national decision-making process, except in some ...
39.
Unicameralism, Bicameralism, Multicameralism: Evolution and Trends in Europe
(Paolo Passaglia/Essay)
(Paolo Passaglia/Essay)
... Combining this classification with the outcomes of the choice between unicameralism and bicameralism, some trends can be detected, although national experiences are so diverse that reliable norms are difficult ...
40.
Socialisation and legitimacy intermediation in the Council of the European Union
(Kamil Ławniczak/Essay)
(Kamil Ławniczak/Essay)
... disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. ...