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Inter-parliamentary cooperation as a means for reinforcing joint scrutiny in the EU: upgrading existing mechanisms and creating new ones

Abstract

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 renewed EU inter-parliamentary cooperation: first, a voluntary one, i.e. the connection with the Lisbon Treaty’s intent to facilitate a wider democratisation objective; second, this time more a reaction than an initiative, the need to counterbalance the institutional outcomes of the economic and financial crisis that shook the world but particularly the eurozone; and, third, the call for an improvement in existing rules and mechanisms to develop even further democratic (read: parliamentary) input in common policies.

The special issue analyses whether current inter-parliamentary mechanisms are suited to react to these challenges. It specifically assesses the practical impact of interparliamentary cooperation on the numerous democratic gaps that still exist in the EU's multi-layered decision-making process. Its objective is to show, beyond the mere sharing of information and the comparison of best practices at a supranational and transnational level, whether existing inter-parliamentary practices contribute to joint parliamentary scrutiny by involving both the EP and the national parliaments of EU member states.

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Bi-Ethnic Federalism and the Question of Sovereignty: Understanding the Competitive Security Postures in Cyprus

. Available at: http://www.politis-news.com/cgibin/hweb?-A=315626&-V=articles . • Berg Eiki, 2007, ‘Examining power-sharing in persistent conflicts: De Facto Pseudo-statehood versus de Jure Quasi-federalism’, Global Society, XXI (2): 199-217. • Berg, Eiki, 2009, ‘Re-Examining Sovereignty Claims in Changing Territorialities: Reflections from ‘Kosovo Syndrome’, Geopolitics. XIV (2): 219-234. • Booth Ken & Wheeler Nicholas., 2008, The security dilemma: fear, cooperation and trust in world politics , Palgrave, Basingstoke. • Brownlie Ian., 2010

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Federalism and constitution: States’ participation in constitutional reform as a guarantee of the federalisation process. (A study of Spain’s unique model)

References • Abat i Ninet Antoni and Gardner James G., 2016, ‘Distinctive identity claims in federals systems: Judicial policing if subnational variance’, International Journal of Constitutional Law , XIV(2): 378-410. • Ackerman Bruce, 1998, We the people . Transformations , Harvard University Press, Cambridge MA. • Agranoff Robert, 1996, ‘Federal evolution in Spain’, International Political Science Review , XVII(4): 385-401. • Aja Eliseo, 1999, El Estado autonómico. Federalismo y hechos diferenciales , Alianza, Madrid. • Aja

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The Theory of EU Constitutional Pluralism: A Crisis in a Crisis?

-21. • Poiares Maduro Miguel, 2012, ‘Three Claims of Constitutional Pluralism’, in Avbelj Matej and Komárek Jan (eds), Constitutional Pluralism in the European Union and Beyond , Hart Publishing, Oxford, 67-84. • Poiares Maduro Miguel, Frada Antonio and Pierdominici Leonardo, 2017, ‘A Crisis between Crises: Placing the Portuguese Constitutional Jurisprudence of Crisis in Context’, E-pública Revista Eletrónica de Direito Público , IV(1): 6-42. • Pollicino Oreste, 2008, ‘European Arrest Warrant and Constitutional Principles of the Member States: a Case Law

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Perfect and Imperfect Bicameralism: A Misleading Distinction?

Philippe, 2004, ‘Quand la deuxième chambre s’oppose’, Pouvoirs, no. 108: 81-99. López-Basaguren Alberto, 2017, ‘Regional Defiance and Enforcement of Federal Law in Spain: The Claims for Sovereignty in the Basque Country and Catalonia’, in Jakab András and Kochenov Dimitry (eds), The Enforcement of EU Law and Values: Ensuring Member States’ Compliance, Oxford University Press, Oxford, 300-315. Luciani Massimo, 2010, ‘Governo (forme di)’, in Enciclopedia del diritto, Annali III, Giuffrè, Milano, 538-596. Lupo Nicola, 2017

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The Spanish vision of Canada’s Clarity Act: from idealization to myth

Abstract

Since it was passed, the Clarity Act has been at the core of any secessionist debate in Canada and abroad. Although contested at home, the Clarity Act has earned worldwide prestige as the democratic standard that must be observed when a secessionist debate arises. In the last fifteen years Spain has experienced successive debates about the need to establish a mechanism of popular consultation to address secessionist claims in the Basque Country and Catalonia. Most political actors in favour of such consultations have expressed their will to import the Canadian Clarity Act as a tool to settle disputes on how to conduct a referendum. However, this deification of the Canadian example is, for the most part, based on a misreading of the Secession Reference, only taking into account certain passages while ignoring others. The emphasis tends to be made on the quantitative clear majority test, disregarding other factors. Hence, the aim of this paper is to study the causes of this deification of the Clarity Act in Spain, and its influence on the treatment of secessionist claims that the country is currently experiencing.

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Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

Abstract

European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently 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.

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The Swiss Ständerat: a Model of Perfect Bicameralism

Abstract

This paper presents the Swiss Ständerat as a model of perfect bicameralism. It looks at the constitutional design of the second Chamber, examines the evolution of the Ständerat and critically assesses its current functioning. The author claims that the Swiss Federal Assembly is still based on almost perfect bicameralism but that the second Chamber only very imperfectly represents the regions. Having highlighted the current role and justification of the second Chamber, the paper will raise the question whether the Ständerat fulfils other useful functions justifying its existence. Does the sheer fact of having two differently composed Chambers prevent capricious and precipitous decision-making? The paper then turns to alternative mechanisms of representing regions at the federal level, briefly looks at other mechanisms available to Cantons to make their voices heard in the capital and presents the House of the Cantons as an evolving third Chamber complementing the Ständerat.

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Beyond Second Chambers: Alternative Representation of Territorial Interests and Their Reasons

Abstract

The paper contends that bicameral systems, irrespective of their differences in composition and powers, are unfit to represent territorial interests in the national decisionmaking process, except in some residual cases. What subnational entities seek is participation rather than representation. This is why alternative, executive-based institutions in which also the national government is present are mushrooming and second chambers are ineffective as territorial bodies. Furthermore, there is a clear trend to move from bicameralism to bilateralism, meaning that instead of taking advantage of ineffective multilateral institutions, strong subnational units try to channel their claims through bilateral instruments. Overall, the unresolved dilemma of subnational representation has little to do with the architecture of second chambers and rather lays in the tension between individual and collective representation.

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Patenting in Europe: The Jurisdiction of the CJEU over European Patent Law

Abstract

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 v DEMO Anonimos). The first part will explain the process of claiming patents at the national as well as the European level in order to understand the complexity of patent law, the second part will deal with the implications of jurisdiction and developments in EU patent regulations, the third part will deal with the effects of EU competence over the TRIPS patent provisions and the forth part will deal with the interpretation of substantive patent law in the light of the Daiichi Sankyo case.

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