1.
Jurisdiction and Pluralism: Judicial Functions and Organization in Federal Systems. The Case of Germany
(Dian Schefold/Essay)
(Dian Schefold/Essay)
... been associated with centralization and even authoritarian centralization. On the other side, a federal constitution based on the rule of law should guarantee its protection by the judiciary. The conflict ...
... order and of the techniques for the protection of fundamental rights. This article focuses on the model of judicial federalism that has developed in the United States. How does this particular configuration ...
3.
Sustainable Agri-Food Systems, Climate Change and CAP Strategic Plans in the ambitious pathways of the EU after the Green Deal
(Andrea Saba/Essay)
(Andrea Saba/Essay)
... (CAP) 2021-2027 is intended to play a key supporting role for climate change mitigation and adaptation of agriculture as well as environmental protection. The paper considers how the recent communications ...
4.
The Directive on the Fight against Fraud to the Union’s Financial Interests and its Transposition into the Spanish Law
(Demelsa Benito Sánchez/Essay)
(Demelsa Benito Sánchez/Essay)
... the purpose, among others, of adapting the Spanish law to the EU requirements as regards the protection of the Union’s financial interests. The paper concludes, on the one side, that the PIF Directive ...
5.
Devolution and Peacebuilding in Kenya, fact or illusion? The case of Marsabit County
(Ibrahim Harun/Essay)
(Ibrahim Harun/Essay)
Devolution and the associated mechanisms of governance, such as power-sharing, limited government, a reformed system of public administration and civic engagement, and its features that include the protection ...
6.
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)
... rights related to (sub)national identities. The paper analyses how cantonal constitutions in the Swiss Confederation protect cultural fundamental rights and how the project of the Flemish Charter promotes ...
7.
Environmental subsidiarity in the EU: or halfway to green federalism?
(Tiago de Melo Cartaxo/Essay)
(Tiago de Melo Cartaxo/Essay)
Environmental protection and sustainable development are competences that the EU is entitled to integrate into the definition and implementation of its policies. However, shared competences in these areas ...
8.
Shared Rule vs Self-Rule? Bicameralism, Power-Sharing and the 'Joint Decision Trap'
(Arthur Benz/Essay)
(Arthur Benz/Essay)
In federal and regionalised states, bicameralism constitutes shared rule between levels of governments. At the same time, second chambers serve as a safeguard protecting self-rule of decentralised governments ...
9.
From the Unitary Patent Package to a Federal EU Patent Law
(Juliana Almeida and Guilherme Oliveira e Costa/Essay)
(Juliana Almeida and Guilherme Oliveira e Costa/Essay)
For the last forty years, the European Union has been pursuing the goal of a unified system of patent law, which would make it possible for an invention to be protected, by EU law, throughout the territory ...
10.
An Opportunity for Reflection – A Special Issue on “The Constitution of Canada: History, Evolution, Influence and Reform”
(G. Martinico, R. Albert, A. Baraggia and C. Fasone/Editorial)
(G. Martinico, R. Albert, A. Baraggia and C. Fasone/Editorial)
... Just as Canada drew from foreign and international experiences in drafting its Charter, the world has learned a great deal from Canada, not only as to rights protections but also as to the separation of ...
11.
The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection
(Geraint Howells and Gert Straetmans/Essay)
(Geraint Howells and Gert Straetmans/Essay)
... irrespective of the underlying level of harmonisation, and with the backing of the European legislator’s intention of ensuring a high level of consumer protection, the CJEU is gradually painting the average ...
12.
Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
(Antonia Baraggia and Maria Elena Gennusa/Essay)
(Antonia Baraggia and Maria Elena Gennusa/Essay)
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 ...
13.
Austerity on the loose in Portugal: European judicial restraint in times of crisis
(Francisco Pereira Coutinho/Essay)
(Francisco Pereira Coutinho/Essay)
... caused a significant decrease in the level of protection of social rights.The compatibility of the MoU with core principles of the rule of law and with the EU´s social Constitution was never tested ...
14.
Clarifying Limbo: Disentangling Indigenous Autonomy from the Mexican Constitutional Order
(Ian Flannigan Sprague/Essay)
(Ian Flannigan Sprague/Essay)
... failure to clarify the nature of tribal sovereignty. It then analyzes recent court cases that protect tribal political and territorial autonomy by applying rights to consultation contained in the International ...
15.
The emergence of New Economic Governance and its impact on Services of General Economic Interest
(Marta Legnaioli/Essay)
(Marta Legnaioli/Essay)
This paper evaluates the impact of austerity measures on national social protection mechanisms and on the European Social Model. The study is based on an in-depth analysis of austerity measures adopted ...
... protection rights of mobile EU citizens. The most recent case-law shows, in fact, a spectacular retreat from this rhetoric in tune with the neo-nationalistic and social-chauvinistic moods prevailing in ...
17.
Subnational Constitutions; The Belgian Case in the Light of the Swiss Experience
(Olivier Van der Noot/Essay)
(Olivier Van der Noot/Essay)
... what Belgium could gain from fully-fledged subnational Constitutions in terms of fundamental Rights protection and of legal certainty if such Constitutions were authorized and assesses the hypothesis of ...
18.
Strengthening state constitutionalism from the federal Constitution: the case of Mexico
(José María Serna de la Garza/Essay)
(José María Serna de la Garza/Essay)
... constitution that seek to protect independence and autonomy of state judges. These developments illustrate how states have tried to use their sphere of constitutional autonomy in more creative ways, and ...
19.
Riddle Me This, Riddle Me That: Anti-social Behaviour, Vagueness and Judicial Discretion in the United Kingdom
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
... concerning the scope, efficacy, and legitimacy of measures dealing with anti-social behaviour. This paper proposes to analyse the difficult balance between protecting communities and social groups, on ...
20.
Thinking ahead of disasters. The role of risk regulation in the European Union
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
The need to reduce the vulnerability of society against disasters has fostered the introduction of regulatory instruments which can anticipate protection before a danger is imminent and an emergency phase ...