1.
The Directive on the Fight against Fraud to the Union’s Financial Interests and its Transposition into the Spanish Law
(Demelsa Benito Sánchez/Essay)
(Demelsa Benito Sánchez/Essay)
This paper aims at analysing the content of the PIF Directive and assessing its transposition into the Spanish Law. To achieve these objectives, this paper starts with a detailed study of the criminal ...
2.
The Secession Issue and Territorial Autonomy in Spain: Bicameralism Revisited
(Alberto López-Basaguren/Essay)
(Alberto López-Basaguren/Essay)
The Spanish Constitution defines the Senate as 'Chamber of territorial representation'. But in the Senate the provinces are represented, not the Autonomous Communities. The Senate is a Chamber of ‘sober ...
3.
The Spanish vision of Canada’s Clarity Act: from idealization to myth
(Francisco Javier Romero Caro/Essay)
(Francisco Javier Romero Caro/Essay)
Since it was passed, the Clarity Act has been at the core of any secessionist debate in Canada and abroad. Although contested at home, the Clarity Act has earned worldwide prestige as the democratic standard ...
4.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
... therein have been further explored in two recent cases, issued by the Italian Constitutional), and by the Spanish Constitutional Tribunal in the latest decision of the Catalonia saga (Judgment no. 114 ...
5.
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 ...
6.
Intergovernmental relations in Spain and the United Kingdom: the institutionalization of multilateral cooperation in asymmetric polities
(Víctor Cuesta-López/Essay)
(Víctor Cuesta-López/Essay)
Considering their dynamic and asymmetric character, the Spanish and British territorial constitutions seem particularly suitable for a comparative analysis. As regards the framework for intergovernmental ...
7.
Answers to Spanish centrifugal federalism: Asymmetrical federalism versus coercive federalism
(Esther Seijas Villadangos/Essay)
(Esther Seijas Villadangos/Essay)
The developing debate in Spain about its conversion into a federal State has now acquired an even greater relevance. Federalism, as a process of federalization, is subject to several descriptions with ...
8.
Constitutional bases in the federal conflict over access to health care of undocumented immigrants in Spain
(Irene Sobrino Guijarro/Essay)
(Irene Sobrino Guijarro/Essay)
... the right to free health care for undocumented immigrants in Spain. The Spanish case illustrates the efforts of the Constitutional Court to conciliate unity and diversity in the legal design of health ...
9.
Constitutional Courts, Constitutional Interpretation, and Subnational Constitutionalism
(Anna Gamper/Essay)
(Anna Gamper/Essay)
... Constitutional Court’s views on subnational direct democracy. The second case discusses the Spanish Constitutional Court’s decision on the Catalonian Statute. Thirdly, the paper examines US federal courts’ ...
10.
The scrutiny of the principle of subsidiarity by autonomous regional parliaments with particular reference to the participation of the Parliament of Catalonia in the early warning system
(Esther Martín Núñez/Essay)
(Esther Martín Núñez/Essay)
... In the Spanish case, the institutionalisation of this mechanism came about with Act nº 24/2009, which attributes to the Joint Committee for the European Union, in the name of the Cortes Generales [the ...
... – or, to put it shortly, no voice and no vote. Or rather, in the expressive German phrase: the European Community had long practised Landesblindheit. This paper considers the evolving role of Spanish Autonomous ...
12.
Building Subnational Constitutionalism Through Identity Narratives. The Case of Spain
(Ilenia Ruggiu/Essay)
(Ilenia Ruggiu/Essay)
This paper analyses the process of reform of the Statutes in Spanish Comunidades Autonomas, which began in 2006, in order to stress the role that an identity narrative takes in it. Almost every Statute ...
13.
Empowering Local Democracy In Catalonia: Tools And Policy Domains To Implement a Top-Down Solution
(Lluís Medir Tejado/Essay)
(Lluís Medir Tejado/Essay)
This article is the result of an ongoing research into a variety of features of Spanish local government . It aims, in particular, at providing a profile of the tools implemented by local authorities to ...
14.
The Regional Construction of a Citizen Participation Model: Experiences and Elements of the Debate on Participatory Democracy
(Rosario Tur Ausina/Essay)
(Rosario Tur Ausina/Essay)
... legal formulas (hard law or soft law), it intends to analyse the key features of a singular and interesting model of citizen participation using the Spanish and Italian experiences as the main focus of ...
15.
Efficiency as a descriptive variable of autonomous electoral systems in Spain
(Jaume Magre Ferran/Essay)
(Jaume Magre Ferran/Essay)
The homogeneity of the regulations governing the electoral systems of autonomous communities derives from their desire to imitate the system adopted for the Spanish Chamber of Deputies, and from their ...
The referendum is a poorly used mechanism for direct participation in the Spanish system, at both state and regional level. The discussion on the feasibility of this system at regional level has been examined ...
... standing orders and more recently in Statutes of Autonomy. The legislative hearings of citizens or associations are not provided at national level because the standing orders of the Spanish Parliament, ...
The Spanish Constitution has strict regulations regarding direct and participatory democratic mechanisms (referendum, popular legislative initiative). The Constitution has adopted the most restrictive ...
19.
Speaking in Name of the Constituent Power: the Spanish Constitutional Court and the New Catalan Estatut
(Giacomo Delledonne/Note)
(Giacomo Delledonne/Note)
In June 2010 the Spanish Constitutional Court rendered a very important judgment on the constitutional legitimacy of the new fundamental charter (Estatut) of the Autonomous Community of Catalonia. Faced ...
20.
The new “Estatutos de autonomía” in Spain: a brief overview of the literature
(Giuseppe Martinico/Review article)
(Giuseppe Martinico/Review article)
In the latest years, the Spanish constitutional system has been characterized by a proliferation of sub-national fundamental charters (“Estatutos de las Comunidades Autónomas”, hereinafter CAs): in fact, ...