... of the principle. Part one attempts to defend that the reasoning put forward by the court lacks validity and evaluates how this affects mutual trust. Part two analyses this interpretation in the light ...
22.
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 ...
23.
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)
... rights principles, first and foremost non-discrimination guarantees, should be taken seriously and effectively applied to these cases of naturalisation, and show what such a scrutiny entails. While the ...
... provisions) while at the same time retaining a persistent ‘Britishness’ in terms of specific institutional proposals and ambivalence towards the principles of constitutional government. Finally, I will ...
25.
Eurozone, non-Eurozone and “troubled asymmetries” among national parliaments in the EU. Why and to what extent this is of concern
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
The reform of the economic governance in the EU, as a reaction to the Eurozone crisis, has increased the asymmetries in the Union. Although formally respected, the principle of equality of the Member States ...
26.
The “Arab Spring” and the EU’s “Democracy Promotion” in Egypt: A Missed Appointment?
(Tommaso Virgili/Essay)
(Tommaso Virgili/Essay)
... vis-à-vis the Southern Mediterranean so as to meet the new aspirations of democracy and human rights unfolding on the ground, the European Union has failed to effectively pursue the principles that it ...
27.
The politics of sub-national constitutions and local government in Ethiopia
(Zemelak Ayitenew Ayele/Essay)
(Zemelak Ayitenew Ayele/Essay)
... the party has a highly centralised decision-making system founded on the principle of ‘democratic centralism’. Under this system, the party’s regional and local structures, which also control government ...
28.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... what? This paper argues that the principle of subsidiarity is one of the key components of a system of multilevel governance. Subsidiarity is commonly assumed to require power to reside ‘as close to those ...
29.
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)
... fundamental rights. For the judicial dialogue to function properly, both the Court of Justice and constitutional courts should show “deference” to each other's sensitivities in light of the principle of ...
30.
The scrutiny of the principle of subsidiarity by autonomous regional parliaments with particular reference to the participation of the Parliament of Catalonia in the early warning system
(Esther Martín Núñez/Essay)
(Esther Martín Núñez/Essay)
... weeks, a report on compliance with the principle of subsidiarity. The majority of regional parliaments have also carried out normative reforms to regulate the procedure of participation in the early warning ...
31.
The Introduction of the "Balanced Budget" Principle into the Italian Constitution: What Perspectives for the Financial Autonomy of Regional and Local Governments?
(Antonella Gagliano/Essay)
(Antonella Gagliano/Essay)
... the constitutional reform the legislative competence of “harmonization of public account” has become an exclusive State competence, the “balanced budget” principle has been extended to Regions and local ...
32.
EU Citizenship before the CJEU: On the importance of the application of the proportionality principle
(Carmen Román Vaca/Essay)
(Carmen Román Vaca/Essay)
Courts use the proportionality principle to ensure the legitimacy of their decisions. According to Harbo (2010), the CJEU is interpreting the principle in different ways, determined by the different areas ...
33.
Security Council Resolutions before European Courts: The Elusive Virtue of Non Direct Effect
(Andrea Guazzarotti/Essay)
(Andrea Guazzarotti/Essay)
... orders. Giving the absence of a judicial interlocutor in the UN “smart sanctions” system and the difficulty to make the former compatible with European fundamental principles, the second-best solution ...
34.
Federalism, the subnational constitutional framework and local government: Accommodating minorities within minorities
(Yonatan Tesfaye Fessha/Essay)
(Yonatan Tesfaye Fessha/Essay)
... to the challenges of minorities within minorities. This article proposes the adoption of constitutional principles that would guide ethnically plural subnational units in their dealing with internal minorities. ...
35.
The need for sub-national constitutions in federal theory and practice. The Belgian case
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
... and contra are analyzed and applied to the Belgian case. I argue that sub-national constitutionalism is a matter of political balance between national and sub-national powers, rather than a principle of ...
36.
A First Important Experience in Participatory Democracy in Italy: Region of Tuscany Law No. 69 of 27 December 2007
(Cecilia Corsi/Essay)
(Cecilia Corsi/Essay)
... be done to fulfil the principles regarding participation. Above all, the fact that no public debate procedure has been initiated cannot be left unsaid. We are at the beginning of a process which, if it ...
Participation is a fundamental principle of the Italian Constitution (art. 3). Nonetheless its enforcement was rather weak in the first decades of Italian Republic. Only from the nineties on – especially ...
... reached is that local and regional referendums are midway between the principle of representative democracy and the needs for direct democracy, and can therefore be a useful means in the study of the functioning ...
39.
Principles, rights and participatory institutions in the reformed statutes
(Josep -Maria Castellà Andreu/Essay)
(Josep -Maria Castellà Andreu/Essay)
... and principles, rights, institutions, competences over popular consultations and participation in the amendment process. By ruling out the possibility of autonomous communities holding referendums without ...
40.
Protection of EU citizens abroad: A legal assessment of the EU citizen’s right to consular and diplomatic protection
(Madalina Bianca Moraru/Essay)
(Madalina Bianca Moraru/Essay)
... countries abroad from any of the Member States that is represented in loco. Nevertheless, since for the moment, the right to protection abroad is limited to an application of the principle of non-discrimination ...