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... rights related to (sub)national identities. The paper analyses how cantonal constitutions in the Swiss Confederation protect cultural fundamental rights and how the project of the Flemish Charter promotes ...
Environmental protection and sustainable development are competences that the EU is entitled to integrate into the definition and implementation of its policies. However, shared competences in these areas ...
In federal and regionalised states, bicameralism constitutes shared rule between levels of governments. At the same time, second chambers serve as a safeguard protecting self-rule of decentralised governments ...
4. From the Unitary Patent Package to a Federal EU Patent Law
(Juliana Almeida and Guilherme Oliveira e Costa/Essay)
For the last forty years, the European Union has been pursuing the goal of a unified system of patent law, which would make it possible for an invention to be protected, by EU law, throughout the territory ...
... Just as Canada drew from foreign and international experiences in drafting its Charter, the world has learned a great deal from Canada, not only as to rights protections but also as to the separation of ...
... irrespective of the underlying level of harmonisation, and with the backing of the European legislator’s intention of ensuring a high level of consumer protection, the CJEU is gradually painting the average ...
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 ...
... caused a significant decrease in the level of protection of social rights.The compatibility of the MoU with core principles of the rule of law and with the EU´s social Constitution was never tested ...
... failure to clarify the nature of tribal sovereignty. It then analyzes recent court cases that protect tribal political and territorial autonomy by applying rights to consultation contained in the International ...
This paper evaluates the impact of austerity measures on national social protection mechanisms and on the European Social Model. The study is based on an in-depth analysis of austerity measures adopted ...
... protection rights of mobile EU citizens. The most recent case-law shows, in fact, a spectacular retreat from this rhetoric in tune with the neo-nationalistic and social-chauvinistic moods prevailing in ...
... what Belgium could gain from fully-fledged subnational Constitutions in terms of fundamental Rights protection and of legal certainty if such Constitutions were authorized and assesses the hypothesis of ...
... constitution that seek to protect independence and autonomy of state judges. These developments illustrate how states have tried to use their sphere of constitutional autonomy in more creative ways, and ...
... concerning the scope, efficacy, and legitimacy of measures dealing with anti-social behaviour. This paper proposes to analyse the difficult balance between protecting communities and social groups, on ...
The need to reduce the vulnerability of society against disasters has fostered the introduction of regulatory instruments which can anticipate protection before a danger is imminent and an emergency phase ...
... Finally, in the particular field of personal data retention, the judicial activism of the Luxembourg Court in upholding the validity of EU legislation is heavily criticized in light of the protection of ...
... protection must go hand in hand, especially after the constitutional reform of 2001, the fifth section examines the procedure laid down by Legislative Decree No. 68/2011 in order to identify the benchmark ...
... shortfalls? What has been the role played by European armed forces (and by the EU defense policy)? Can ‘Unified Protector’ be considered a success in terms of burden sharing? ...
... protection of their nationals located in the affected areas. The present paper addresses the question of whether the EU citizenship confers to the citizens of the Member States real benefits when they ...
This paper critically assesses the EU’s anti-piracy operation Atalanta in the light of the protection of Union citizens. The main question is to which extent a Union citizen threatened by pirates off ...
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