... agency relationships within the European Union, and presents legal and political solutions of the founding treaties which aim to tackle the agency issues. Furthermore, the study analyzes two fundamental ...
2.
Can Asymmetrical Constitutional Arrangements Provide an Alternative Answer for the Disputed? Bringing Constitutional Asymmetries into Play in the Middle East Peace Process
(Maja Sahadžić /Essay)
(Maja Sahadžić /Essay)
... recent systems are multi-tiered and multinational, producing asymmetrical responses by default. In addition to suggesting that asymmetrical solutions are often required, this implies that some degree of ...
... evolution over the past fourty years, and some thoughts as to the way forward. In particular, it critically considers some of the solutions that have been put forward to improve democratic legitimacy within ...
4.
The Secession Issue and Territorial Autonomy in Spain: Bicameralism Revisited
(Alberto López-Basaguren/Essay)
(Alberto López-Basaguren/Essay)
... by the authorities of the resolutions of the Constitutional Court (CC), which concluded with the Unilateral Declaration of Independence (UDI) by Parliament at the same time as the adoption of the measures ...
5.
A Federal Turn? The European Union's Response to Constitutional Crises in the Member States
(Matteo Bonelli/Essay)
(Matteo Bonelli/Essay)
... to federal-like enforcement. Solutions to national crises must ultimately respect the constitutional balance between the Union and the Member States. ...
6.
Commanders-in-chief beyond the border: analysing the powers of heads of state in Northern American federalism
(Tiago de Melo Cartaxo/Essay)
(Tiago de Melo Cartaxo/Essay)
Canada and the United States of America are examples of how two constitutional systems in the same region may adopt substantially different solutions in respect of the powers of the head of state. While ...
7.
Security Council Resolutions before European Courts: The Elusive Virtue of Non Direct Effect
(Andrea Guazzarotti/Essay)
(Andrea Guazzarotti/Essay)
UN Security Council resolutions lack direct effect, as they are not intended to oblige States in terms of means but just of results. This statement by the ECJ in the Kadi judgment has recently been used ...
8.
What Role for Regional Assemblies in Regional States? Italy, Spain and the United Kingdom in Comparative Perspective
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... of reforms and adaptation or decide to adopt institutional solutions already experimented or ‘constitutionally prepackaged’, without any changes. Secondly, it is highlighted that, with the exception of ...
9.
And nothing else matters. The ICJ’s judicial restraint in its Opinion on Kosovo’s Independence
(Giuseppe Bianco/Note)
(Giuseppe Bianco/Note)
... in general international law, including state practice, the principle of territorial integrity, Security Council resolutions, the principle of self-determination and the right to remedial secession. Neither ...