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The EU has not yet found effective answers to constitutional crises in its Member States, in particular Hungary and Poland. Due to systemic problems of compliance with the common values of Art. 2, the ...
... necessity to defend national sovereignty against the threat of Brussels. But if we take a more in-depth look, we can see how European Integration has fed two different approaches to European federalism: ...
This article is inspired by the 2017 discussions on the future of Europe (in particular some of the ideas debated in the White Paper on the Future of Europe, published by the European Commission) and the ...
24. The past, present and future of the EU's federal experience
(Francisco Pereira Coutinho & Martinho Lucas Pires/Editorial)
... renewed discussion of European integration. It was also an opportunity for discussing the EU through the lens of “federalism”, i.e. to look at it from the perspective of federal theory and / or through ...
This paper analyses the ways in which the Unfair Contract Terms and Unfair Commercial Practices Directives try to steer a path between imposing a common European standard and allowing national variation. ...
For the first time since its creation, the European Union (EU) has been living its probably most significant identity crisis. This crisis has its roots in different critical situations that have hit the ...
The EBU represents a clear investment in administrative integration with clear implications for the constitutional features of the EU. This paper aims to give an analysis of the administrative arrangements, ...
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 ...
... in the EU. It argues that the EU’s constitutional framework is not sufficiently responsive to changing material conditions or to the changing preferences of Europeans. Thus, EU constitutionalism needs ...
This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and ...
... in the European Union. Indeed, both strands of legitimation of public power are represented here with original proposals, according to the specificity of the supranational condition. But even more interesting ...
... The EU’s normative power, like all power of an ultimately administrative character, finds its legitimacy primarily in legal, technocratic and functional claims. This is not to deny that European integration ...
In this essay the question of what kind of conflicts are at stake in the context of European pluralism will be considered, with special focus on the shift from “conflicts by divergence” to “conflicts by ...
International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection ...
... level. National governments have taken the lead in the crisis management of the EU: the European Council has become the dominant institution and the intergovernmental method has come back into fashion. ...
... by the European Commission on behalf of the European Union (EU) and the Member States. The MoU was never published in an official journal or even translated into the Portuguese language. Its implementation ...
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 ...
The European integration process has long been characterised by the predominance of national executive powers. National parliaments were recognised as European actors after several decades only, in the ...
... of some current own resources. The second option, which has long been called for by the European Parliament, is explored in further detail, with an overview of the potential candidates for new own resources ...
... EZ economic policy by suggesting a ‘conventional’ direction to the unconventional Quantitative Easing (QE) policy of the European Central Bank (ECB). We propose an evolution for QE to tackle the shortcomings ...
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