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... since its comparative influence is traceable both in the work of courts that are historical participants in transnational judicial conversations, and courts that are new players in the game. ...
... and the national courts, as the party that applies it, provides a release valve to prevent any direct clashes and allows a subtle way for national perspectives to be reflected. The analysis finds that, ...
... of EU rulemaking, enforcement, and adjudication comes closer to the sort of administrative legitimacy that is mediated through national executives, national courts, and national parliaments to a much greater ...
... levels of protection of rights, and led us to argue that the development of a multilevel protection of rights is also, at least partially, a tale of Courts, each competing to have the last word on human ...
5. Which Governments Come Out Ahead?
(William M. Myers and Davia Cox Downey/Essay)
Party capability theory assumes that governments, due to their immense resources and status as repeat players, hold a great advantage over individuals and organizations pursuing litigation in courts. Less ...
... references submitted by Portuguese lower courts that questioned the compatibility with the Charter of Fundamental Rights of the EU of national budgetary measures that implemented the MoU. At the bottom, ...
... of the ECB proposed by the two Supreme Courts in their case-law, and will explain why the legality of the ECB’s activity will be re-examined in the near future. ...
... the role other institutions, such as constitutional courts, have played in this field. It is argued that while these arrangements may have been successful in allowing national parliaments to play a greater ...
... are combined with the adoption of a deferential approach by the Courts that generally legitimized the accounting devices adopted by the States. The outcome is a system in which budget policies are influenced ...
... Labor Organization’s Indigenous and Tribal People’s Convention 169 (“ILO 169”) and the Mexican Constitution. It concludes by arguing that in spite of this effort by the courts, Mexican law still requires ...
In this essay, the author explores the way in which courts have played an important role in defining the shape of Mexico’s federal system and state constitutionalism in that country’s emerging multi-party ...
This paper analyzes the impact of courts and different systems of judicial review on subnational constitutional autonomy. Focus is put on the question on which interpretive guidelines courts may draw when ...
This article discusses the role of national supreme courts in the development of the European legal order, moving from a hierarchical to an interaction account of the relationship between legal systems. ...
This article examines the nature, purpose and effect of constitutional dialogues between the Court of Justice of the European Union and constitutional courts taking as example the difficulty encountered ...
... that the nature of the relationship between the national courts that send requests for preliminary rulings and the CJEU has undergone profound changes. By analysing the case law in the field of indirect ...
Courts use the proportionality principle to ensure the legitimacy of their decisions. According to Harbo (2010), the CJEU is interpreting the principle in different ways, determined by the different areas ...
... 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, ...
This article analyses the determinants that lead national courts across EU countries to use the preliminary reference procedure, paying special attention to the differences and similarities in the use ...
... to fully fledged federal states) especially looking at the lower courts. This paper is structured as follows: first, I am going to recall the debate on the consequences- in terms of legal uncertainty- ...
... of constitutional review at the subnational level is a crucial element for the development of an autonomous, well-grown subnational constitutional law. However, subnational constitutional courts tend to ...
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