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... each legal system attaches to the representative role of its own second chamber decisively shapes the perimeter of their functions. Important evidence for validating this claim comes from the procedures ...
2. Reconstructing Social Dialogue
(Mariana Pinto Ramos/Essay)
The European Social Dialogue, and its output, the European collective agreements, are intended to implement minimum standards of working conditions that bind all Member-States, in a logic of legal harmonisation ...
3. From the Unitary Patent Package to a Federal EU Patent Law
(Juliana Almeida and Guilherme Oliveira e Costa/Essay)
... promote scientific and technological development. However, problems might arise because of the plurality of legal sources that could be involved and due to the fact that not all countries want to be part ...
... European capital markets. As such, when analysing the legal framework of the CMU, it is important to note that this involves an undertaking which goes beyond the regulation of financial systems, also aiming ...
... federal laws. The article will also study the connection between the principle of sincere cooperation, established in the EU Treaties, and equivalent principles which exist in federal legal orders, namely ...
... under the auspices of the Sant’Anna Legal Studies project and with the support of the DIRPOLIS (Law, Politics and Development) Institute at the Scuola Sant’Anna, the Canadian Embassy in Italy, and the ...
In this article, I compare constitutional and administrative models in terms of their implications for the EU legal order’s interaction with other legal regimes. I aim to make a twofold argument on the ...
... it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for ...
... historical and legal analysis of the emergence and transformation of the EU legal order. These contributions delve deeper into the absence of a European identity and go beyond the inherent critique that ...
... electorate have not been effectively translated into policy.This article uses the Greek crisis to analyse the EU’s democratic deficit, and the related issue of the locus of legal and political sovereignty ...
... based on a socio-legal approach, deliberately avoiding the predominant legal realist and legal positivist discourses. This is due to the fact that a functional analysis presupposes admitting the existence ...
... agencies, the article unveils that, legally speaking, the enhancement of EU agencies’ powers takes place in the autonomous constitutional framework of the EU legal order. This constitutional foundation ...
... 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 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 ...
This paper aims to provide a brief assessment of the legal framework of the newly established metropolitan cities in the Italian domestic legal order. After an historical overview of previous attempts ...
... Maastricht Treaty first and to an even larger extent in the Lisbon Treay. Parliaments were hence long dependent on national constitutional, legal and administrative arrangements to be able to participate ...
This paper provides a general overview of the EU’s own resources system, and of the debate on its possible reform within the current legal framework. Two alternative reforms are discussed, along with ...
... by several factors that go beyond the institutional framework. On the other side, legal boundaries create distortions and unwanted effects in policies implemented by the States. ...
19. A New Start for Perspectives on Federalism
(Roberto Castaldi - Giuseppe Martinico/Editorial)
Perspectives on Federalism is closing its seventh year and its issue 2/2015 confirms the interdisciplinary nature of this intellectual enterprise. This issue is a very rich one, as it includes legal, historical ...
This paper analyses the case-law of the European Court of Justice on the substantive scope of ne bis in idem in transnational cases and evaluates the findings in light of the different concepts of legal ...
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