... highlighted the current role and justification of the second Chamber, the paper will raise the question whether the Ständerat fulfils other useful functions justifying its existence. Does the sheer fact ...
2.
Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
(Antonia Baraggia and Maria Elena Gennusa/Essay)
(Antonia Baraggia and Maria Elena Gennusa/Essay)
... judgments on very similar matters (ECtHR’s S.H. Judgment; Judgment No. 162/2014 from the Italian CC). Such analysis revealed useful in highlighting connections and disconnections between the different ...
3.
Security Council Resolutions before European Courts: The Elusive Virtue of Non Direct Effect
(Andrea Guazzarotti/Essay)
(Andrea Guazzarotti/Essay)
... of such a rationale as a formalistic but useful interpretive tool which avoids that national and regional courts commit themselves openly to a “Solange style” dialogue with UN institutions. In parallel, ...
... reached is that local and regional referendums are midway between the principle of representative democracy and the needs for direct democracy, and can therefore be a useful means in the study of the functioning ...
5.
We're one, but we're not the same: Enhanced Cooperation and the Tension between Unity and Asymmetry in the EU
(Carlo Maria Cantore/Essay)
(Carlo Maria Cantore/Essay)
... useful to this extent. The last section of the paper compares asymmetric integration at the EU and the WTO level, in order to understand how different legal orders deal with sub-unions and what degree ...
6.
Identity vs. representation: what makes ‘the people’? Rethinking democratic citizenship through (and beyond) Carl Schmitt and Hans Kelsen
(David Ragazzoni/Essay)
(David Ragazzoni/Essay)
... parliamentary democracy to distill useful insights for rethinking citizenship via representation. Mapping their topography of democratic governments and their diverging understanding of what keeps a community ...