The paper deals with the validity of constitutional pluralism as a constitutional theory for the European Union and a paradigm for the understanding of EU law in the current times of crisis. It reconstructs ...
2.
Austerity on the loose in Portugal: European judicial restraint in times of crisis
(Francisco Pereira Coutinho/Essay)
(Francisco Pereira Coutinho/Essay)
... they bypassed the opportunity to refer a question for a preliminary ruling of the Court of Justice challenging the validity of the MoU. ...
... of the principle. Part one attempts to defend that the reasoning put forward by the court lacks validity and evaluates how this affects mutual trust. Part two analyses this interpretation in the light ...
4.
Deferential dialogues between the Court of Justice and domestic courts regarding the compatibility of the EU Data Retention Directive with (higher?) national fundamental rights standards
(Ioana Pelin-Raducu/Essay)
(Ioana Pelin-Raducu/Essay)
... are also explored. The case-law where constitutional courts exercised their competence to indirectly review the validity of EU legislation is discussed in light of the constitutional pluralism paradigm. ...
5.
The need for sub-national constitutions in federal theory and practice. The Belgian case
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
... of this paper explores the validity of this approach. More generally, the question is: how important is it in a federal state for sub-states to have their own sub-national constitutions? Arguments pro ...
6.
The ‘enemy’ at the gates? Assessing the European military contribution to the Libyan war
(Fabrizio Coticchia/Essay)
(Fabrizio Coticchia/Essay)
... considers the recent military operation in Libya a successful example in terms of burden sharing. The paper aims to assess the validity of such perspective, analyzing the concrete military contribution ...
After the entry into force of the Lisbon Treaty, the European Union’s Charter of Fundamental Rights has found a place among the formal sources of EU law, and has become a standard of review for the validity ...
8.
Some reflections on the choices of the European Court of Justice in the Kücükdeveci preliminary ruling
(Filippo Fontanelli/Note)
(Filippo Fontanelli/Note)
... focuses on the validity of an "incidental direct effects" doctrine, and on the repercussions that this decision might have on the social cohesion of the European Union ...