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)
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 ...
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.
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)
... of the Member-States, with a single application. This would simplify the patent protection system, making it easier, less costly and more secure, and would facilitate access to the internal market and ...
9.
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 ...
10.
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 ...
11.
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 ...
12.
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 ...
13.
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 ...
15.
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 ...
16.
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 ...
17.
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)
... Finally, in the particular field of personal data retention, the judicial activism of the Luxembourg Court in upholding the validity of EU legislation is heavily criticized in light of the protection of ...
18.
Federalism, Fiscal Federalism and Health Federalism: Standard Costs in Legislative Decree No. 68 of May 6th, 2011
(Giorgio Grasso/Essay)
(Giorgio Grasso/Essay)
... protection must go hand in hand, especially after the constitutional reform of 2001, the fifth section examines the procedure laid down by Legislative Decree No. 68/2011 in order to identify the benchmark ...
19.
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)
... protection of their nationals located in the affected areas. The present paper addresses the question of whether the EU citizenship confers to the citizens of the Member States real benefits when they ...
20.
Operation Atalanta and the Protection of EU Citizens: Civis Europaeus Unheeded?
(Joris Larik/Essay)
(Joris Larik/Essay)
This paper critically assesses the EU’s anti-piracy operation Atalanta in the light of the protection of Union citizens. The main question is to which extent a Union citizen threatened by pirates off ...