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... 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 ...
... 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)
... 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 ...
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 ...
... 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 ...
... 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 ...
... 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 ...
... 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 ...
... 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 ...
... 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 ...
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 ...
... 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 ...
... 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. ...
... 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 ...
... 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 ...
... 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 ...
... 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 ...
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