1.
Federalism in post-conflict states: Assessing Somalia's challenges and the way forward
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
(A.Y.S. Ali, A.H. Dahir and Z.D. Hersi/Essay)
... the most challenging factors to federalism adoption in Somalia. Other challenges relate to the provisional Somali constitution, such as power distribution, fiscal management, regional boundary disputes, ...
For a long time considered, improperly, a sort of ‘nuclear’ option, Article 7 TEU is the key EU Treaty provision in the field of values enforcement. In the context of the Union’s current rule of law crisis, ...
3.
From procedural disagreement to joint scrutiny? The Interparliamentary Conference on Stability, Economic Coordination and Governance
(Valentin Kreilinger/Essay)
(Valentin Kreilinger/Essay)
The provision of Article 13 TSCG to create an Interparliamentary Conference was the starting point for long discussions after which national parliaments and the European Parliament eventually reached a ...
4.
The Secession Issue and Territorial Autonomy in Spain: Bicameralism Revisited
(Alberto López-Basaguren/Essay)
(Alberto López-Basaguren/Essay)
... apply measures of ’federal coercion'. This constitutional provision was first activated in October 2017, in the context of the secessionist process in Catalonia, as a result of the repeated non-compliance ...
5.
Canadian Federalism in Design and Practice: The Mechanics of a Permanently Provisional Constitution
(James A. Gardner/Essay)
(James A. Gardner/Essay)
... may inadvertently undermine its capacity to stabilize itself at any particular point of constitutional evolution, making it ‘permanently provisional.’ ...
6.
The Establishment of Metropolitan Cities in Italy: An Advance or a Setback for Italian Regionalism?
(Giovanni Boggero/Essay)
(Giovanni Boggero/Essay)
... to set up metropolitan cities in Italy (1), it summarizes the main statutory provisions of the Delrio Law (No. 56/2014) through which metropolitan cities finally came into operation (2) and it provides ...
7.
Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law
(Leandro Mancano/Essay)
(Leandro Mancano/Essay)
... supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered ...
8.
The emergence of New Economic Governance and its impact on Services of General Economic Interest
(Marta Legnaioli/Essay)
(Marta Legnaioli/Essay)
... of new economic governance have had an impact on the organization and provision of SGEIs and have affected the solidity of the national welfare state. It will be argued that in this context the promotion ...
9.
Article 260 TFEU Sanctions in Multi-Tiered Member States
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
... Member States (Austria, Belgium, Germany, Italy, Spain, and the UK) and the relevant national provisions for the partition of financial sanctions. The conclusions pertain to both the central and regional ...
... with the implications of jurisdiction and developments in EU patent regulations, the third part will deal with the effects of EU competence over the TRIPS patent provisions and the forth part will deal ...
11.
Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments
(Astrid Lorenz/Essay)
(Astrid Lorenz/Essay)
... in the Länder. The analysis also shows that the public arguments brought forward in favour of constitutional amendments refer only weakly and randomly to legal provisions and processes at other levels. ...
... 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 ...
13.
Movement towards a Flemish Constitution: the Charter for Flanders, another failed attempt?
(Sarah Lambrecht/Essay)
(Sarah Lambrecht/Essay)
... but rather an important political value. First, the text reveals a strong connection with the EU. The Charter’s drafters interwove the fundamental right provisions in the Belgian Constitution with those ...
14.
Constitutional Courts, Constitutional Interpretation, and Subnational Constitutionalism
(Anna Gamper/Essay)
(Anna Gamper/Essay)
... constitutional provisions were respectively dealt with in civil law and common law jurisdictions with different forms of constitutional review have been selected: The first case relates to the Austrian ...
15.
On the Brink of a Federal State? The Decentralisation Model of the Peruvian Constitution
(Maria Bertel/Essay)
(Maria Bertel/Essay)
... and organic provisions in the field of decentralisation to highlight the most crucial problem areas of the decentralisation process. I will examine the question of whether Peru is a unitary or a federal ...
16.
Towards New Procedures between State and Regional Legislatures in Italy, Exploiting the Tool of the Early Warning Mechanism
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... Relying on the provision of Art. 6 of Protocol no 2 annexed to the Treaty of Lisbon, the new law on the participation of Italy in EU affairs provides, for the first time, a bottom-up process of transmission ...
17.
Early warning and regional parliaments: in search of a new model. Suggestions from the Basque experience
(Josu Osés Abando/Essay)
(Josu Osés Abando/Essay)
... and confidence. The Basque Chamber has not limited itself to express a “yes-or-no”-opinion, but has tried to make specific contributions for improving the proper performance of the provisions of Protocol ...
18.
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)
... it attempts to verify whether the new formulation of these constitutional provisions materializes the risk of a significant reduction in the financial autonomy of both Regions and Local Governments. With ...
19.
Implementing fiscal decentralization in Italy between crisis and austerity: Challenges ahead
(Stefano Piperno/Essay)
(Stefano Piperno/Essay)
... to seek efficiency gains in the provision of public services and smoothing out intergovernmental relations may represent one of the most important structural measures to address consolidation needs. ...
20.
What Role for Regional Assemblies in Regional States? Italy, Spain and the United Kingdom in Comparative Perspective
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... (UK). This is only marginally the outcome of constitutional provisions and jurisprudence, but it is mainly caused by the passive attitude of the Regions, which either remain inactive to the opportunity ...