1.
Reimagining Congress's Treaty-Implementing Authority: An Originalist Case for the Unexplored Middle Ground
(Robert A. Flatow/Essay)
(Robert A. Flatow/Essay)
... is either virtually plenary or virtually nugatory. I explore part of the vast middle ground. I assume as true Justice Scalia’s key argument in Bond v. United States, that implementing a treaty cannot be ...
For a long time considered, improperly, a sort of ‘nuclear’ option, Article 7 TEU is the key EU Treaty provision in the field of values enforcement. In the context of the Union’s current rule of law crisis, ...
3.
A ‘second youth’ for the EU Speakers’ Conference? A critical appraisal of its ‘quasi-constitutional’ role
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
The EU Speakers’ Conference has experienced a ‘second youth’ after the entry into force of the Treaty of Lisbon by playing a ‘quasi-constitutional’ role in inter-parliamentary cooperation, and in particular ...
4.
Inter-parliamentary cooperation as a means for reinforcing joint scrutiny in the EU: upgrading existing mechanisms and creating new ones
(Elena Griglio and Stelios Stavridis/Editorial)
(Elena Griglio and Stelios Stavridis/Editorial)
This special issue develops a contextual analysis of EU inter-parliamentary cooperation in the post Lisbon Treaty framework. Indeed, it is possible to claim that there are several sources and causes for ...
5.
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 ...
6.
A Federal Turn? The European Union's Response to Constitutional Crises in the Member States
(Matteo Bonelli/Essay)
(Matteo Bonelli/Essay)
... EU mechanisms and to guarantee to EU institutions, in particular the Court of Justice, more powers to intervene vis-à-vis Member States. However, the current Treaty framework presents a series of obstacles ...
7.
The past, present and future of the EU's federal experience
(Francisco Pereira Coutinho & Martinho Lucas Pires/Editorial)
(Francisco Pereira Coutinho & Martinho Lucas Pires/Editorial)
In 2017 we celebrated the 60th anniversary of the Treaty of Rome and the 25th anniversary of the Treaty of Maastricht. The commemoration of these historic events was the perfect excuse for a critical and ...
8.
National parliaments fighting back? Institutional engineering as a successful means to become active actors in EU affairs
(Diane Fromage/Essay)
(Diane Fromage/Essay)
... Maastricht Treaty first and to an even larger extent in the Lisbon Treay. Parliaments were hence long dependent on national constitutional, legal and administrative arrangements to be able to participate ...
9.
Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law
(Leandro Mancano/Essay)
(Leandro Mancano/Essay)
European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between ...
... we will highlight the most critical concerns connected to secrecy, confidentiality and inviolability of documents, looking not only at the ESM Treaty but also at relevant documents approved by its bodies ...
11.
The Never-Ending Reform of the EU: Another Link in the Chain of the Semi-Permanent Treaty Revision Process?
(Roberto Castaldi - Giuseppe Martinico/Essay)
(Roberto Castaldi - Giuseppe Martinico/Essay)
This special issue is the result of a long project started within the activity of one of the working groups created at the Centre for Studies on Federalism, Turin, almost three years ago, namely the working ...
This contribution deals with the role of the European Council in the institutional framework of the European Union, as it has been laid down by the Lisbon Treaty. It focuses on its rising influence, even ...
13.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... Grundgesetz, the ‘ peace, order, and good government’ clause of the Canadian Constitution Act, article 118 of the Italian Constitution, and article 5(3) of the Treaty on the European Union, I’d like to ...
14.
Refocusing Europe on growth and employment: the citizens’ initiative for an extraordinary European plan
(Paolo Ponzano/Editorial)
(Paolo Ponzano/Editorial)
... The aim of this citizens’ initiative, presented pursuant to article 11 of the Treaty of Lisbon, is to collect one million signatures in at least seven European countries in order to request the European ...
15.
Towards New Procedures between State and Regional Legislatures in Italy, Exploiting the Tool of the Early Warning Mechanism
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... Relying on the provision of Art. 6 of Protocol no 2 annexed to the Treaty of Lisbon, the new law on the participation of Italy in EU affairs provides, for the first time, a bottom-up process of transmission ...
16.
Early warning and regional parliaments: in search of a new model. Suggestions from the Basque experience
(Josu Osés Abando/Essay)
(Josu Osés Abando/Essay)
... 2 of the Treaty of Lisbon. But the mechanism implemented in Spain does not guarantee the taking into account of the contributions by the regional parliaments, and so we need a new procedural scheme. ...
17.
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)
The purpose of this article is to offer a practical approach to the new European dimension for regional parliaments signified by the entry into force of the Treaty of Lisbon. The parliamentary scrutiny ...
18.
National and Regional Parliaments in the EU decision-making process, after the Treaty of Lisbon and the Euro-crisis
(Nicola Lupo/Essay)
(Nicola Lupo/Essay)
The Treaty of Lisbon increased the role of National and Regional Parliaments in the EU decision-making process, in order to compensate for some of the weaknesses of the European institutional architecture. ...
On several occasions over the last few years, the prospect of a reform of the treaties, which seemed to have been put on the back burner after the laborious gestation of the Lisbon Treaty, has regained ...
20.
The international role of the European Parliament: The SWIFT Affair and the ‘re-assessed’ European institutional balance of power
(Maria Romaniello/Essay)
(Maria Romaniello/Essay)
... Treaty enhanced the European Parliament’s role in that field and although it cannot act as a full legislator, it nonetheless acquired new powers for acting internationally. One of the most important achievements ...