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For a long time considered, improperly, a sort of ‘nuclear’ option, Article 7 TEU is the key EU Treaty provision in the field of values enforcement. In the context of the Union’s current rule of law crisis, ...
... of territorial control can determine the degree of ethno-territorial sovereignty attributed to groups. However, in competitive contexts influenced by fear and mistrust, groups interpret these pillar elements ...
... Budget Offices, which seem to have escaped scholar’s attention. Administrative duties and roles are discussed in the context of inter-parliamentary cooperation and a new role is attributed to parliamentary ...
This special issue develops a contextual analysis of EU inter-parliamentary cooperation in the post Lisbon Treaty framework. Indeed, it is possible to claim that there are several sources and causes for ...
... apply measures of ’federal coercion'. This constitutional provision was first activated in October 2017, in the context of the secessionist process in Catalonia, as a result of the repeated non-compliance ...
... as well? Do some legislative functions serve purposes of federalism better than others and does a dichotomy between ‘weak-form’ and ‘strong-form’ veto powers apply in this context? This will also require ...
In a global context where popular referenda are increasingly used to decide contested issues, this paper aims at exploring the framework in which, in October 2017, two referenda took place in the Italian ...
... role. It presents a federalist critique of this development, drawing on the work of Daniel Elazar, discussing the concepts of non-centralization, federal process and federal covenant in the context of ...
... and relates this to the context of the removal of franchises from women prior to confederation. ...
This paper starts with a general contextualisation of how Canadian constitutional law acquired an important role in global constitutional conversations in recent decades. It then considers, in particular, ...
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 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 ...
... with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law. ...
14. Solidarity in the European Union in Times of Economic Crisis
(Jerónimo Maillo and Justo Corti/Editorial)
The present special issue of Perspectives on Federalism reflects on the nature and characteristics of solidarity within a supranational context, it explains what solidarity has meant so far in the EU, ...
... of new economic governance have had an impact on the organization and provision of SGEIs and have affected the solidity of the national welfare state. It will be argued that in this context the promotion ...
... during the crisis. It, further, shows how the principle of solidarity has not lived up to its potential in the present crisis context, but it has instead been cropped up in sharply different ways in the ...
17. A New Start for Perspectives on Federalism
(Roberto Castaldi - Giuseppe Martinico/Editorial)
... and constitutional developments in national and supranational contexts. ...
18. Article 260 TFEU Sanctions in Multi-Tiered Member States
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
The question at hand is located at the intersection of EU law and national constitutional law, and aims to answer the following problem: namely, how to mitigate federal concerns in the context of infringement ...
This paper will deal with EU competence over patent law, especially in the context of the TRIPS Agreement with reference to the ruling of CJEU in the Daiichi Sankyo case (CJEU case C-414/11 Daiichi Sankyo ...
... The political debate supporting extended children's rights rather refers to general observations, to the specific regional context, and constitutional provisions in other Länder. At least with regard to ...
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