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Interparliamentary Cooperation in the Composite European Constitution
This collection analyses the place and the functioning of interparliamentary cooperation in the EU composite constitutional order, taking into account both the European and the national dimensions. The chapters join the recent scholarship on the role of parliaments in the EU after the Treaty of Lisbon.The aim of this volume is to highlight the constitutional significance of interparliamentary cooperation as a permanent feature of EU democracy and as a new parliamentary function as well as to investigate the practical side of this relatively new phenomenon. To this end the contributors are academics and parliamentary officials from all over Europe. The volume discusses the developments in int...
EU Rule of Law Procedures at the Test Bench
This book analyses the EU rule of law instruments from the perspective of the academic, inter- and intra-institutional dissensus at the EU level. The angle of analysis proposed by this book allows to detect the sources of dissensus inherent in the design of the EU rule of law toolbox and in their enforcement. The proliferation of the instruments, without any major efforts of systematization, seems to be part of the problem, with a series of overlaps. At the same time, especially in the post-pandemic context, the procedures implementing the various EU rule of law tools have become more and more intertwined, so that it becomes difficult to disentangle one from the other in terms of effects. The book could thus feed the debate on the strengths and deficiencies of the EU rule of law toolbox ten years after the first ad hoc measures were adopted, also offering some recommendations on how to turn dissensus into constructive mechanisms to improve the management of the rule of law in the EU.
Judicial Review and Electoral Law in a Global Perspective
This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It...
National Parliaments After the Lisbon Treaty and the Euro Crisis
A critical assessment of the role of national parliaments in the EU after the Lisbon Treaty and the sovereign debt crisis in the Eurozone, this book examines whether national parliaments have become resigned or resilient actors in these new socio-economic and politico-legal circumstances.
Constitutional Reform of National Legislatures
Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives.
New Challenges to the Separation of Powers
This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.
Parliamentary Diplomacy in European and Global Governance
Parliamentary Diplomacy in European and Global Governance offers a detailed interdisciplinary study of a new global phenomenon: the rise and impact of parliamentary diplomacy in European, regional and world affairs.
EU Fiscal Federalism
Fiscal federalism refers to the division of fiscal powers -- powers to tax and spend -- between different levels of government. The European Union (EU) is often seen as a legislative giant on clay feet, and one of the principal reasons for this feebleness is the lack of a significant fiscal capacity at the Union level. EU Fiscal Federalism: Past, Present, Future explores ten aspects of the EU's fiscal constitution relating both to the fiscal limits it imposes on Member States and the evolution of its own fiscal policy. Bringing together an international and distinguished group of scholars, this volume analyses the different legal dimensions of fiscal federalism within the EU, from the variou...
A multilevel constitutional perspective on Brexit: From local to global - e-Book
Two years after the signature of the EU-UK partnership agreement, three years after “Brexit day”, and six-and-a-half years after the withdrawal referendum this timely volume engages with the effects that such a complex and multifaceted phenomenon has produced on classic notions of contemporary constitutional law, like vertical separation of powers, and on the theory of multilevel constitutionalism. In doing so it combines together the domestic and sub-national dimensions of analysis within the UK with the supranational and international dimensions, both in the relationship between the EU and the Member States and between the EU and the outside world. Despite the multi-disciplinary nature of this endeavor – in between constitutional law, comparative law, EU and international law – all the authors deal, from their own specific perspective, with the same research question: Which constitutional implications has Brexit determined and which are likely to be triggered in the near future based on the relationship between the various levels of government within and beyond the UK?
Parliamentary Dimensions of Regionalization and Globalization
The end of the Cold War has seen an international proliferation of parliamentary bodies of all types and at all levels. How can this process of parliamentarization be assessed and under what conditions do these institutions operate? This book explores how regional integration and globalization are developing from a parliamentary perspective.
