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... 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 ...
... of different forms of legal interest. Part three examines how later case-law has tried to explain the problematic interpretation of early cases and its relationship with the Charter of Fundamental Rights ...
23. Margins of Nationality. External ethnic citizenship and non-discrimination
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
... the rules of both birthright and acquired political membership. Most states employ some form of cultural affinity-based criteria relating to ethnic identity that differentiate between applicants that seek ...
The article analyses constitutional politics in the German Länder in the field of minors’ rights. Since this issue seems a purely legal matter dealt with at the federal, European and international level, ...
... prerogatives and how the established customary rules have compensated for the lack of formal rights in favour of National parliaments. Finally, some conclusions are drawn on the role of the established ...
... and human rights, hinged on the use of positive and negative conditionality. The empirical focus of the piece will be on the period following the Arab Uprising, coinciding with the creation of the European ...
Although Belgian federated entities do not have constituent power, Flanders has recently envisaged the adoption of a “proto-subnational Bill of Rights”, called the Charter for Flanders. This study briefly ...
... 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 ...
In Spain, over the last thirty years, the powers of “Autonomous Communities” to guarantee welfare and social rights have witnessed exponential proliferation. Such expansion has occurred within the wider ...
... democratic system. Specifically, three developments are examined: a) States’ constitutional reforms defining their own catalogues of human rights; b) Decisions of the Federal Electoral Tribunal enforcing ...
... - and judicial praxis - that subsidiarity is constitutionally underenforced, and supposedly rightly so since it is but a political rule, either non- justiciable or very marginally. I will argue that subsidiarity ...
... Commission, as the European institution that has the right of legislative initiative, to present a legislative proposal for the adoption of an extraordinary European public investment plan and to create ...
... came into force, a lot of doubts were raised as to the dangerously arbitrary nature of these measures given that, while imposing heavy limitations on freedom of movement and other fundamental rights and ...
... a specific issue of disaster management: given the low probability of high impact disasters, it is difficult to assess related risks, so their regulation involves balancing different rights and interests ...
... fundamental rights. For the judicial dialogue to function properly, both the Court of Justice and constitutional courts should show “deference” to each other's sensitivities in light of the principle of ...
... EU infringement proceeding, its impact on the Italian domestic legal order, the introduction of a right of recourse that allows the State to request damages to non-compliant Regions, its effectiveness ...
... by the European Court of Human Rights in order to avoid the crucial decision over the hierarchy between obligations arising from the ECHR and the UN Charter. This article describes the “elusive virtue” ...
On 30  March 2007, Italy signed the UN Convention on the Rights of Persons with Disabilities (CRPD) and ratified it by Law 18/2009. Through this, Italy has committed itself to reforming the structure ...
... inserts clauses regarding culture, tradition, historical rights and institutions of the region. After an analysis of some of the main Statutes, the paper focuses on the reasons that have caused this attitude ...
... last but not the least, the Basic Laws), a remarkable high level of autonomy – namely in key areas such as fundamental rights, the continuation and evolution of a distinct legal system, including an almost ...
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