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21. The German Bundesrat and Executive Federalism
(Matthias Niedobitek/Essay)
The German Basic Law constitutes federalism as a unique political system which is characterised by intertwined decision-making of the Federation (Bund) and the component units (Länder). The executives ...
... Spain, Switzerland and the United Kingdom. By grouping the functions into different categories (relations with the Government, appointment functions and functions in the field of international affairs, ...
... efficiency of federal system by dividing a clear intergovernmental responsibility on major policy platforms. ...
... some discussion on whether perfect or imperfect bicameralism and the requirements of internal decision-making play a role in this regard. ...
The paper contends that bicameral systems, irrespective of their differences in composition and powers, are unfit to represent territorial interests in the national decision-making process, except in some ...
... and qualified unicameralism) did not survive, despite their sometimes-remarkable historical interest. Currently, parliaments in Europe are either unicameral or bicameral: while unicameralism is the most ...
The Council is a crucial intergovernmental institution of the European Union. However, the complex, opaque and consensual character of the decision-making process in the Council puts its legitimacy into ...
28. Reconstructing Social Dialogue
(Mariana Pinto Ramos/Essay)
... confronted with the need to balance economic interests, giving social policies a subsidiary role, and when facing the different agendas of each Member-State. This article proceeds with a historical analysis ...
29. From the Unitary Patent Package to a Federal EU Patent Law
(Juliana Almeida and Guilherme Oliveira e Costa/Essay)
... of the Member-States, with a single application. This would simplify the patent protection system, making it easier, less costly and more secure, and would facilitate access to the internal market and ...
The Council is a crucial intergovernmental institution of the European Union. However, the complex, opaque and consensual character of the decision-making process in the Council puts its legitimacy into ...
... EU mechanisms and to guarantee to EU institutions, in particular the Court of Justice, more powers to intervene vis-à-vis Member States. However, the current Treaty framework presents a series of obstacles ...
... Such Eurosceptic Federalism finds its roots in the anti-cosmopolitan federalism of the interwar debate and unifies, paradoxically, radical libertarians and convinced communitarians. ...
... events that took place in the crises and post-crises period (aftermath of the financial crisis, ongoing refugee crisis and the Brexit shock). It is particularly interested in the scenario of differentiated ...
... 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 ...
... adjudications. A brief analysis of the case-law concerning gender equality is followed by the discussion of cases of Aboriginal and Muslim women with the aim of assessing whether intersectionality represents ...
... the well-known Canadian Living tree doctrine as a model of evolutionary constitutional interpretation, and argues that it is a relevant case study for our purposes since it is able to precisely link the ...
... intergovernmental agreements have been translated into law. Unlike the Quebec case, immigration’s devolution in relation to the other Provinces has occurred through administrative delegation of powers ...
... and mid-twentieth centuries, focussed on the parallel developments of provincial and federal constitutions. The monist narrative, which has become the dominant model of interpretation since the mid-twentieth ...
This paper examines the interaction between constitutional design and practice through a case study of Canadian federalism. Focusing on the federal architecture of the Canadian Constitution, the paper ...
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 ...
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