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... 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. ...
30. 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 ...
The article analyses constitutional politics in the German Länder in the field of minors’ rights. Since this issue seems a purely legal matter dealt with at the federal, European and international level, ...
... article deals with the asymmetries amongst the national parliaments arisen in this context. National procedures adopted to deal with the new legal measures reinforce some parliaments while they severely ...
... recalls that process, explains the legal nature of the resulting (unadopted) text, determines to what extent this text can be called “paralegal”, tries to show – in the light of the Swiss experience – ...
... Since Flanders only has embryonic constitution-making power, this is not a proposal for a Constitution but merely a proposal for a resolution. As a (non-binding) resolution, the Charter has no legal implications, ...
... conflict in Spain. This paper seeks to analyse some of the constitutional coordinates that frame the federal tensions that have arisen from the last national legal reform, which have drastically curtailed ...
37. Crisis, emergency and subnational constitutionalism in the Italian context
(Giuseppe Martinico - Leonardo Pierdominici/Essay)
... research on the incidence of the crisis on some specific aspects in the Italian legal context, and especially on the relationships between the coordination of budgetary and financial policies and the welfare ...
The transformation of a patchwork of Westphalian nation-states into a multi-level legal order where competences and responsibilities interlock, brings about the fundamental question as to who should do ...
39. Subnational multilevel constitutionalism
(Patricia Popelier/Essay)
... the model for the positioning of legal systems on a gliding scale from unitary to con-federal states.  ...
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. ...
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