Notes
These are the short Notes recently published on Perspectives on Federalism.
The European Union is well known to be one of the most prominent international actors fighting against the climate crisis and, as the President of the European Council Charl...
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In Gauweiler v. ECB, the German Constitutional Court referred for the first time a case to the European Court of Justice. The BVerfG openly doubted the legality of the OMT program of the European Central Bank, ...
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The mechanisms of citizen participation in lawmaking can be considered as mechanisms of participatory democracy. These institutions enable citizens to submit proposals or opinions in the process of decision-...
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Participation is a fundamental principle of the Italian Constitution (art. 3). Nonetheless its enforcement was rather weak in the first decades of Italian Republic. Only from the nineties on – especially afte...
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The Author analyses the normative framework and the use of the referendum in Italy, at regional and local level. According to the Author, this level of the analysis could even be used as a preliminary phase for...
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The judgment of the Court of Justice of the EU in the El Dridi case clarifies the scope of application of the Returns Directive, in particular with regard to the difference between criminal detention and pre...
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In a union of states such as the EU or the US, should immigration policy be decentralized or should it be a federal policy? Experience and economic logic offer a simple argument against decentralization. Beca...
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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 with a ...
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The International Court of Justice gave its Advisory Opinion on the “Accordance with international law of the unilateral declaration of independence in respect of Kosovo” few months ago. It found no prohibi...
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In Kücükdeveci judgment, the European Court of Justice declared that national judges must set aside national norms that are at variance with the general principle of non discrimination on grounds of age, by v...
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Recently Germany experienced yet another federal reform shortly after a previous modification to the German federal sys...
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The debate on federalism in Iraq is interrelated with the identity conflict which has dominated Iraqi politics since the regime change in 2003. Federalism was proposed and became constitutional in 2005 as a way...
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This short note aims at providing an analysis of the Schuman Declaration focused on the following points: 1) the genesis of the Schuman Declaration; 2) its federalist content; 3) its topicality
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The author questions the influence of the creation of a single currency on the formation of European citizenship. Whereas the transnational dimension of such citizenship (which affects the citizen of one Member...
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This note analyses the legal reasoning and the motivations of the recent judgment of the German Constitutional Court on the Lisbon Treaty and considers the possible impact of this ruling on the future of ...
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This brief note provides an overview of some recent documents regarding the Indian position in the current world economy and its key role in a context of international cooperation.
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This note deals with the Chinese proposal for a new international monetary architecture. The Chinese proposal was the last of a series which suddenly appeared on the international diplomatic scene last March: s...
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These are hard times for fiscal federalism. Although many political parties consider it a sort of flag, despite always being present on the political agenda, the implementation of article 119 of the Italian Con...
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With the order of April 15, 2008, the Constitutional Court of Italy requested, for the first time, the intervention of the Court of Justice of the European Communities, enabling the mechanism of preliminary def...
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This note analyses the new Charter of the Organization of the Islamic Conference, adopted in 2008.
link: http://www.oic-oci.org...
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On the fourth of July, an initiative presented by the Nayarit State Congress proposing the addition of a second paragraph to Article 135 of the Mexican Constitution was published in the Senate Gazette. The purp...
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The Italian President, Giorgio Napolitano, and former Minister Tommaso Padoa Schioppa recently urged for the re-launch of the European unification process.
This short note analyses and comments their i...
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