Търсене
The Spanish Parliament and EU affairs
The Spanish Constitution of 1978 established a constitutional monarchy and a parliamentary democracy with a bicameral system in the Cortes Generales (Spanish Parliament). The two chambers are the Congreso de los Diputados (Congress of Deputies) and the Senado (Senate). Both the Congress and the Senate represent the Spanish people, but the Senate is explicitly designated as the House of territorial representation. Article 137 of the Constitution formalises a quasi-federal system of self-governing ...
The way forward for better regulation in the EU – better focus, synergies, data and technology
his in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, looks at the use of data for the purpose of regulatory assessment/evaluation. The author finds that data is needed to support evidence-based regulation, that information technologies, and in particular AI, can enable a more extensive and beneficial use of data, and that the use of data in ex-post evaluations can improve the regulatory ...
The primacy of EU law and the Polish Constitutional law judgment
This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee. It analyses the consequences of the judgment of the Polish Constitutional Tribunal for the legal relationship between Poland and the EU, compares it to the case law of other Member States’ highest courts and makes policy recommendations on how to deal with the judgment.
The situation of Article 2 TEU values in Malta - LIBE mission to Malta 23-25 May 2022
This study, written by the Policy Department for Citizens’ Rights and Constitutional Affairs, at the request of the European Parliament's Committee on Civil Liberties, Justice and Home Affairs - Democracy, Rule of Law and Fundamental Rights Monitoring Group, examines the situation of Democracy, the Rule of Law and Fundamental Rights in Malta and how Article 2 TEU values are respected and implemented in the country.
After the storming of the US Capitol: A second impeachment trial of President Trump?
At 13.00 EST on 6 January 2021, the 117th United States Congress and US Vice-President Mike Pence assembled in the Capitol Building, seat of the US Congress in Washington, DC, to tally the electoral votes certified by the 50 states and the District of Columbia, thereby declaring Joe Biden and Kamala Harris, respectively, US President-elect and Vice-President-elect. The ceremony was interrupted when an angry mob, seemingly encouraged by President Donald Trump in a speech earlier that day, broke into ...
The principles of equality and non-discrimination, a comparative law perspective - Canada
This document is part of a series of studies, which, in a comparative law perspective, seek to present the principles of equality and non-discrimination in different States. This study examines sources of equality law and judicial interpretation of the principles of equality and non-discrimination in Canada. Contemporary equality law was a response to histories of both public and private discrimination in Canada. Statutory protections for equality and non-discrimination emerged in the post World ...
Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - The United Kingdom
The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court ...
Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - United States of America
This study is part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available to individuals in American law, and in particular before this country’s highest courts. To that end, after a general introduction setting out the historical background, we will consider ...
Appointment of US Supreme Court Justices
In February 2016, Supreme Court Justice Antonin Scalia passed away, vacating a position on America’s highest court. That quickly focused American political discussion, in the midst of a heated Presidential campaigning season, on his possible replacement. The appointment of Supreme Court Justices is broadly depicted in Article II of the US Constitution as a process in which the President chooses a candidate but the Senate provides its 'advice and consent' on the nominee. The Republican-controlled ...
The German Federal Constitutional Court's ruling on the European Arrest Warrant
The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).