21.
The Legitimacy of Discriminatory Disenfranchisement? The Impact of the Rules on the Right to Vote in the Bremain/Brexit Referendum
(Allan F. Tatham/Editorial)
(Allan F. Tatham/Editorial)
... be of interest to others in considering questions of legitimacy in respect of the eventual outcome of the popular vote on 23 June. Unlike other states, the UK has no established rules on referendums and ...
The article looks at fiscal constraints adopted by the U.S. States. It questions the ability of those rules to determine sound budgetary policies. To assess this point it analyses, in the general part, ...
23.
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)
The question at hand is located at the intersection of EU law and national constitutional law, and aims to answer the following problem: namely, how to mitigate federal concerns in the context of infringement ...
24.
Eurocrisis and Regional States: New trends in the European Regional Policy and the Regions’ future
(Maribel González Pascual/Essay)
(Maribel González Pascual/Essay)
... is the achievement of positive equality. This tendency could be smoothed by in the European Regional Policy. However, this article puts this into question given the current link of Regional Funds to both ...
25.
National parliaments and governmental accountability in the crisis: theory and practice
(Diane Fromage/Essay)
(Diane Fromage/Essay)
This contribution studies the question of governmental accountability in the crisis. It looks at how three Member State’s parliaments – French, German and Spanish– have exchanged on European Council meetings ...
26.
Multilevel Systems and Sub-National Constitutional Politics in Germany: a Qualitative Comparative Analysis
(Werner Reutter/Essay)
(Werner Reutter/Essay)
Are sub-national constitutional politics shaped by multilevel structures or by sub-national factors? That is the question I am tackling with in this paper. In order to answer this question I will examine ...
27.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
The transformation of a patchwork of Westphalian nation-states into a multi-level legal order where competences and responsibilities interlock, brings about the fundamental question as to who should do ...
28.
Constitutional Courts, Constitutional Interpretation, and Subnational Constitutionalism
(Anna Gamper/Essay)
(Anna Gamper/Essay)
This paper analyzes the impact of courts and different systems of judicial review on subnational constitutional autonomy. Focus is put on the question on which interpretive guidelines courts may draw when ...
29.
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 ...
30.
National Supreme Courts and the EU Legal Order: Building a European Judicial Community through Networking
(Simone Benvenuti/Essay)
(Simone Benvenuti/Essay)
... It first focuses on supreme courts' self-perception as European courts. For that purpose, it analyzes the loose understanding by national courts of the obligation to refer a question according to article ...
31.
Riddle Me This, Riddle Me That: Anti-social Behaviour, Vagueness and Judicial Discretion in the United Kingdom
(Eleonora Harris/Essay)
(Eleonora Harris/Essay)
... of anti- social behaviour measures. During the Bill’s passage, parliamentary debates emphasised the issues of vagueness and broadness but, nevertheless, the enacted legislation still poses serious questions ...
Which is the meaning of constitutional review for a proper assessment of subnational constitutionalism? The essay tries to answer this question by means of comparative analysis. To do so, it considers ...
33.
The need for sub-national constitutions in federal theory and practice. The Belgian case
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
... are expected to favor the creation of sub-national constitutions. For these reasons, the absence of real constitutional power for the sub-states in Belgium appears to be an anomaly. The research question ...
34.
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 ...
35.
Identity vs. representation: what makes ‘the people’? Rethinking democratic citizenship through (and beyond) Carl Schmitt and Hans Kelsen
(David Ragazzoni/Essay)
(David Ragazzoni/Essay)
... within our ‘glocal’ democracies and the theoretical challenges posed by the EU (especially about pivotal notions such as sovereignty, constituent power and peoplehood) questioned the traditional account ...
36.
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 ...
37.
Constitutional Failure or Constitutional Odyssey? What Can We Learn From Comparative Law?
(Giuseppe Martinico/Review article)
(Giuseppe Martinico/Review article)
... second point, insisting on comparative argument. The research question of this work is: Can we compare the “constitutional crisis” of the EU to the constitutional difficulties encountered by other multinational ...
38.
Closer to the citizens? European constitutional processes, communication policy and publicity
(Giulio Itzcovich/Essay)
(Giulio Itzcovich/Essay)
... to its gradual extension to the general public. Finally, the essay addresses the normative question, ‘What is to be done?’. What can we learn from the failure of the constitutional debate? Should Europe ...
39.
The Indian and Chinese policies towards Africa: a veritable challenge to EU-led interregionalism?
(Emanuele Pollio/Essay)
(Emanuele Pollio/Essay)
This paper aims to analyze comparatively EU’s, China’s and India’s diverging designs for the governance of Africa. The paper addresses one fundamental research question: to what extent do the Chinese ...
... in the EU a driving factor for decentralization in Italy? The paper, which reproduces a study commissioned by the Bertelsmann Foundation and the Compagnia di San Paolo, provides some answers to these questions. ...