Aspetti e problemi del costituzionalismo multilivello

Aspetti e problemi del costituzionalismo multilivello PDF Author: Paola Bilancia
Publisher:
ISBN: 9788814115165
Category : Law
Languages : it
Pages : 363

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Aspetti e problemi del costituzionalismo multilivello

Aspetti e problemi del costituzionalismo multilivello PDF Author: Paola Bilancia
Publisher:
ISBN: 9788814115165
Category : Law
Languages : it
Pages : 363

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Book Description


The Role of State Aid in the European Fiscal Integration

The Role of State Aid in the European Fiscal Integration PDF Author: Rossella Miceli
Publisher: Springer Nature
ISBN: 3030887359
Category : Law
Languages : en
Pages : 268

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Book Description
This book analyzes the issue of European fiscal State aid in order to provide insights into the related evolution prospects and legal problems. State aid has assumed a central position in the field of taxation, becoming the most important instrument of European legal integration, especially in the area of direct taxes. This is the result of major regulatory and interpretative development, which has altered the initial European and national balances in the face of globalization and the problems of the new economy. In this context, the scope and objectives of State aid have progressively broadened, encompassing a significant level of both positive and negative integration of European national tax systems.

Federalismi e integrazioni sopranazionali nell'arena della globalizzazione

Federalismi e integrazioni sopranazionali nell'arena della globalizzazione PDF Author: Paola Bilancia
Publisher: Giuffrè Editore
ISBN: 881413376X
Category : Law
Languages : it
Pages : 402

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The Constitutional Relevance of the ECHR in Domestic and European Law

The Constitutional Relevance of the ECHR in Domestic and European Law PDF Author: Giorgio Repetto
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681184
Category : Law
Languages : en
Pages : 251

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Book Description
In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

Conferinta Internationala

Conferinta Internationala PDF Author:
Publisher:
ISBN:
Category : Public administration
Languages : ro
Pages : 458

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Italian Populism and Constitutional Law

Italian Populism and Constitutional Law PDF Author: Giacomo Delledonne
Publisher: Palgrave Macmillan
ISBN: 9783030374006
Category : Political Science
Languages : en
Pages : 0

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Book Description
This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.

On Law and Policy in the European Court of Justice

On Law and Policy in the European Court of Justice PDF Author: H Rasmussen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004639969
Category : Business & Economics
Languages : en
Pages : 581

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The Legal Reasoning of the European Court of Justice

The Legal Reasoning of the European Court of Justice PDF Author: Joxerramon Bengoetxea
Publisher: Oxford University Press, USA
ISBN:
Category : Art
Languages : en
Pages : 398

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Book Description
Can a jurisprudential approach help lawyers and legal philosophers to understand the sources, organization, and main features of European Community (EC) law? How does the European Court of Justice interpret EC law and justify its decisions? This study examines these questions and related issues--analyzing EC law and the decision-making process of the European Court of Justice from a legal theoretical perspective. The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European integration.

Beyond Territoriality

Beyond Territoriality PDF Author: Gunther Handl
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186476
Category : Law
Languages : en
Pages : 584

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Book Description
This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.

Multinationals and the Constitutionalization of the World Power System

Multinationals and the Constitutionalization of the World Power System PDF Author: Jean-Philippe Robe
Publisher: Routledge
ISBN: 131709333X
Category : Law
Languages : en
Pages : 367

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Book Description
This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.