... Austria. In this issue, the developments of European bicameral parliaments in (quasi-)federal states are dealt with as well as the political impact of shared rule and alternative models to second chambers. ...
... of those European states that have a federal or quasi-federal character (Austria, Belgium, Bosnia and Herzegovina, Germany, Italy, Russia, Spain, Switzerland, United Kingdom). Second, the paper addresses ...
23.
Shared Rule vs Self-Rule? Bicameralism, Power-Sharing and the 'Joint Decision Trap'
(Arthur Benz/Essay)
(Arthur Benz/Essay)
In federal and regionalised states, bicameralism constitutes shared rule between levels of governments. At the same time, second chambers serve as a safeguard protecting self-rule of decentralised governments ...
24.
Unicameralism, Bicameralism, Multicameralism: Evolution and Trends in Europe
(Paolo Passaglia/Essay)
(Paolo Passaglia/Essay)
... common option, bicameralism is generally adopted in more populous countries and/or States with strong territorial autonomies. As a matter of fact, among varieties of bicameralism, the most common is characterized ...
25.
The voting systems in the Council of the EU and the Bundesrat – What do they tell us about European Federalism?
(Jacek Czaputowicz and Marcin Kleinowski/Essay)
(Jacek Czaputowicz and Marcin Kleinowski/Essay)
The Treaty of Lisbon introduced a new system of weighted votes in the Council, which radically departs from the principles on which the distribution of votes between the Member States of the EU was based ...
The European Social Dialogue, and its output, the European collective agreements, are intended to implement minimum standards of working conditions that bind all Member-States, in a logic of legal harmonisation ...
27.
From the Unitary Patent Package to a Federal EU Patent Law
(Juliana Almeida and Guilherme Oliveira e Costa/Essay)
(Juliana Almeida and Guilherme Oliveira e Costa/Essay)
... of the Member-States, with a single application. This would simplify the patent protection system, making it easier, less costly and more secure, and would facilitate access to the internal market and ...
28.
The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence
(Sérgio Coimbra Henriques/Essay)
(Sérgio Coimbra Henriques/Essay)
... to achieve supervisory convergence throughout the member states of the European Union. Indeed, it is perhaps one of the clearest examples of federal implications within the EU. All the synchronous movements ...
29.
A Federal Turn? The European Union's Response to Constitutional Crises in the Member States
(Matteo Bonelli/Essay)
(Matteo Bonelli/Essay)
The EU has not yet found effective answers to constitutional crises in its Member States, in particular Hungary and Poland. Due to systemic problems of compliance with the common values of Art. 2, the ...
30.
Differentiated integration contingent on objective ability: a federalist critique
(Samo Bardutzky/Essay)
(Samo Bardutzky/Essay)
... integration. In this regard, it observes how in the aftermath of the crises, there was a shift in the rationale of differentiated integration with objective (in)ability of the states taking a prominent ...
31.
Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself
(Ming-Sung Kuo/Essay)
(Ming-Sung Kuo/Essay)
... reactions from Member States. Second, I provide a critique of the administrative model in the light of GAL’s intervention in inter-regime relations, suggesting a post-identity constitutional alternative ...
... to be refashioned in order to strike a better balance between democratic and technocratic governance, as well as between the needs of individual citizens, national citizenries, and states. ...
33.
The Functions of Constitutional Identity Performed in the Context of Constitutionalization of the EU Order and Europeanization of the Legal Orders of EU Member States
(Martin Belov/Essay)
(Martin Belov/Essay)
This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and ...
34.
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 ...
35.
Reflections on the ‘Administrative, Not Constitutional’ Character of EU Law in Times of Crisis
(Peter L. Lindseth/Essay)
(Peter L. Lindseth/Essay)
... involves ‘politics’ or has profound ‘constitutional’ implications for its member states or citizens. The ‘administrative, not constitutional’ paradigm is meant only to stress that the ultimate grounding ...
36.
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 ...
... are investigated using decisions made by the high courts of Australia, Canada, and the United States. The descriptive findings indicate that institutional arrangements, such as federalism, in some ways, ...
38.
Austerity on the loose in Portugal: European judicial restraint in times of crisis
(Francisco Pereira Coutinho/Essay)
(Francisco Pereira Coutinho/Essay)
... by the European Commission on behalf of the European Union (EU) and the Member States. The MoU was never published in an official journal or even translated into the Portuguese language. Its implementation ...
39.
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)
... citizens living in other EU Member States for more than 15 years remain barred from voting in the June 2016 referendum.The case sparks further consideration of the voting rules in general and may therefore ...
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, ...