... not abated. Thus, bringing to the fore the question, are the issues affecting the practice of federalism rooted in the structural arrangement or with the attitude of the citizens towards the principles ...
... by a limited extent of self-rule and the concentration of power at the centre. The question this article addresses is whether, and if so, how, the federal character of the state organisation impacts on ...
3.
Jurisdiction and Pluralisms: Judicial Functions and Organisation in Federal Systems
(Jens Woelk/Essay)
(Jens Woelk/Essay)
... powers and the organisation of the judiciary. An important question regards the interrelation with the principle of uniformity of the jurisdiction and the general legal system of the State. According ...
... and behaviours, and how effectively? The essay tries to answer to all these questions by starting from the very understanding of the concept of ‘leading by example’. The definition of leading by example ...
... the competencies and the composition of the court. The project thus combines attitudinal/behaviorist and institutional-theoretical approaches to provide answers to the research question at hand. To provide ...
6.
The commons: an innovative basis for transnational environmental law in the era of Anthropocene? The case of Latin America
(Domenico Giannino and Antonio Manzoni/Essay)
(Domenico Giannino and Antonio Manzoni/Essay)
... The following part (Par. 4) will deal with the question: what is the theoretical-legal basis for the innovative case-law set out earlier? We argue that this basis actually already exists, and it can ...
7.
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 ...
8.
A New Form of Democratic Oversight in the EU: The Joint Parliamentary Scrutiny Group for Europol
(Ian Cooper/Essay)
(Ian Cooper/Essay)
... membership, stronger access to EU officials and documents, a seat on the Europol Management Board and an explicit right to ask oral and written questions. Taken together, these attributes indicate that ...
9.
The Contribution of COSAC to Joint Parliamentary Scrutiny in the EU: A Practitioner’s View
(Bruno A. Dias Pinheiro/Essay)
(Bruno A. Dias Pinheiro/Essay)
... The central question addressed here is to assess whether COSAC is currently structured to allow NPs to obtain more information and access to the policy and decision-making circuits at EU level and, therefore, ...
10.
Bi-Ethnic Federalism and the Question of Sovereignty: Understanding the Competitive Security Postures in Cyprus
(Pavlos I. Koktsidis/Essay)
(Pavlos I. Koktsidis/Essay)
When ethnic groups negotiate self-government arrangements, ‘ethnic sovereignty’ lies boldly at the heart of their security considerations. The constitutional nature of self-determination and the extent ...
11.
A comparison of existing forums for interparliamentary cooperation in the EU and some lessons for the future
(Diane Fromage/Essay)
(Diane Fromage/Essay)
... scrutiny group is comparable to the previously existing interparliamentary conferences. Beyond that, it asks the question as to whether any better-defined guidelines or procedures could be adopted to rationalise ...
... highlighted the current role and justification of the second Chamber, the paper will raise the question whether the Ständerat fulfils other useful functions justifying its existence. Does the sheer fact ...
... resulting in a clear prevalence of the latter, mainly focuses on two aspects: the exercise of legislative function and, in parliamentary regimes, the confidence vote. In spite of the unquestionable relevance ...
14.
Socialisation and legitimacy intermediation in the Council of the European Union
(Kamil Ławniczak/Essay)
(Kamil Ławniczak/Essay)
... question. Intergovernmentalist theory posits that it is sufficiently legitimised, indirectly, by the member state governments. Constructivist research, on the other hand, suggests that socialisation might ...
15.
The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence
(Sérgio Coimbra Henriques/Essay)
(Sérgio Coimbra Henriques/Essay)
... question. Intergovernmentalist theory posits that it is sufficiently legitimised, indirectly, by the member state governments. Constructivist research, on the other hand, suggests that socialisation might ...
16.
How to Bridge the Gaps between Competing Paradigms for EU Law: An Introduction
(Marta Simoncini and Gert Straetmans/Editorial)
(Marta Simoncini and Gert Straetmans/Editorial)
... EU, have affected its functioning and have fundamentally questioned its legitimacy. The gaps in the EU integration process have been uncovered and the fragmentation of EU policies has become a source of ...
17.
Paradigms for EU Law and the Limits of Delegation. The Case of EU Agencies
(Marta Simoncini/Essay)
(Marta Simoncini/Essay)
This article questions the idea that the EU is a pure regulatory power based on supranational delegation of competence from the Member States. It claims the insufficiency of this single paradigm to explain ...
18.
Conflicts by Convergence and Deep Disagreements in European Constitutional Law
(Orlando Scarcello/Essay)
(Orlando Scarcello/Essay)
In this essay the question of what kind of conflicts are at stake in the context of European pluralism will be considered, with special focus on the shift from “conflicts by divergence” to “conflicts by ...
... known is whether all levels of government enjoy this advantage, how they fare against one another and how an institutional arrangement such as federalism complicates such relationships. These questions ...
20.
Austerity on the loose in Portugal: European judicial restraint in times of crisis
(Francisco Pereira Coutinho/Essay)
(Francisco Pereira Coutinho/Essay)
... references submitted by Portuguese lower courts that questioned the compatibility with the Charter of Fundamental Rights of the EU of national budgetary measures that implemented the MoU. At the bottom, ...