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21. Margins of Nationality. External ethnic citizenship and non-discrimination
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
... rights principles, first and foremost non-discrimination guarantees, should be taken seriously and effectively applied to these cases of naturalisation, and show what such a scrutiny entails. While the ...
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, ...
... prerogatives and how the established customary rules have compensated for the lack of formal rights in favour of National parliaments. Finally, some conclusions are drawn on the role of the established ...
... and human rights, hinged on the use of positive and negative conditionality. The empirical focus of the piece will be on the period following the Arab Uprising, coinciding with the creation of the European ...
Although Belgian federated entities do not have constituent power, Flanders has recently envisaged the adoption of a “proto-subnational Bill of Rights”, called the Charter for Flanders. This study briefly ...
... in the Charter of Fundamental Rights for the European Union, which resulted in an expansive fundamental rights catalogue. Furthermore, the Charter contains a clear political commitment; ‘it gives the impetus ...
In Spain, over the last thirty years, the powers of “Autonomous Communities” to guarantee welfare and social rights have witnessed exponential proliferation. Such expansion has occurred within the wider ...
... democratic system. Specifically, three developments are examined: a) States’ constitutional reforms defining their own catalogues of human rights; b) Decisions of the Federal Electoral Tribunal enforcing ...
... came into force, a lot of doubts were raised as to the dangerously arbitrary nature of these measures given that, while imposing heavy limitations on freedom of movement and other fundamental rights and ...
... a specific issue of disaster management: given the low probability of high impact disasters, it is difficult to assess related risks, so their regulation involves balancing different rights and interests ...
... fundamental rights. For the judicial dialogue to function properly, both the Court of Justice and constitutional courts should show “deference” to each other's sensitivities in light of the principle of ...
... by the European Court of Human Rights in order to avoid the crucial decision over the hierarchy between obligations arising from the ECHR and the UN Charter. This article describes the “elusive virtue” ...
On 30  March 2007, Italy signed the UN Convention on the Rights of Persons with Disabilities (CRPD) and ratified it by Law 18/2009. Through this, Italy has committed itself to reforming the structure ...
... inserts clauses regarding culture, tradition, historical rights and institutions of the region. After an analysis of some of the main Statutes, the paper focuses on the reasons that have caused this attitude ...
... last but not the least, the Basic Laws), a remarkable high level of autonomy – namely in key areas such as fundamental rights, the continuation and evolution of a distinct legal system, including an almost ...
36. Participation and Decentralisation: The Case of Andalusia
(María Reyes Pérez Alberdi/Essay)
In the Bill of Rights of the Andalusian Statute of Autonomy, right to participation is extremely well-developed and is not restricted to the traditional rights to political participation, but rather is ...
... and principles, rights, institutions, competences over popular consultations and participation in the amendment process. By ruling out the possibility of autonomous communities holding referendums without ...
... rights. Finally, the article evaluates the enhancements introduced by the Treaty of Lisbon and the future challenges in this field ...
After the entry into force of the Lisbon Treaty, the European Union’s Charter of Fundamental Rights has found a place among the formal sources of EU law, and has become a standard of review for the validity ...
... in federalism-related issues than they do in other areas of constitutional law, such as fundamental rights ...
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