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... 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. ...
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 ...
This article is inspired by the 2017 discussions on the future of Europe (in particular some of the ideas debated in the White Paper on the Future of Europe, published by the European Commission) and the ...
... of Canada has exerted considerable influence on other countries, particularly since the coming into force of its Constitution Act, 1982, which included the celebrated Canadian Charter of Rights and Freedoms. ...
The Canadian constitution is to some extent characterised by its focus on equality, and in particular gender equality. This development of women’s rights in Canada and the greater engagement of women as ...
This paper starts with a general contextualisation of how Canadian constitutional law acquired an important role in global constitutional conversations in recent decades. It then considers, in particular, ...
... may inadvertently undermine its capacity to stabilize itself at any particular point of constitutional evolution, making it ‘permanently provisional.’ ...
This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy ...
... it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for ...
... of financial integration since they are pre-ordained to a specific public interest: financial stability. Particularly, they cause a shift in the decision gradient from the technical to the political, as ...
As is broadly recognized, the realm of administrative power greatly expanded over the course the twentieth century (particularly after 1945). This essay argues that this expansion, along with differential ...
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 ...
... the supranational institutions, and particularly the Parliament, are taking on themselves the responsibility to take the initiative and indicate a possible way forward for the Union. ...
... that the German judges have a different constitutional interpretation of the monetary mandate of the ECB. This article will focus on the different conceptions of European Monetary Union and in particular ...
... each such popular vote (and the franchise for it) is therefore treated on an ad hoc basis. Fears have been expressed that the government could manipulate the outcome of a referendum, particularly in determining ...
... assistance on the basis of strict conditionality measures, which seriously affect human rights (particularly social and economic rights).The paper focuses on the impact of the actions of the European Stability ...
This note analyses a peculiar feature of the ESM, namely the lack of an acceptable set of standards for the fundamental democratic principle of transparency. Moving from the particular nature of this mechanism, ...
... 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 ...
This contribution focuses on the need of fostering a European political space and more in particular on the role and the design of the Commission needed to attain that aim. It is submitted that to increase ...
Considering their dynamic and asymmetric character, the Spanish and British territorial constitutions seem particularly suitable for a comparative analysis. As regards the framework for intergovernmental ...
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