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Courts as Comparatists: References to Foreign Law in the case-law of the Polish Constitutional Court

05/2012 Joanna Krzeminska-Vamvaka

This paper presents results of an empirical study of over 160 judgments in which the Polish Constitutional Court (‘PCC’) referred to foreign law. It reveals the scale of comparatist activity and draws conclusions in relation specifically to countries in transition. Because of the … [Read more...]

Attachments

  • JMWP05Krzeminska-Vamvaka

Composite Decision-Making and Accountability Networks:           Some Deductions from a Saga

04/2012 Carol Harlow

This paper sets out to explore the impact of multi-level decision-making on accountability machinery through a case study of asset-freezing decisions taken in response to UN resolutions ordering ‘smart sanctions’ against persons and bodies suspected of involvement in … [Read more...]

Attachments

  • JMWP04Harlow

Full Parliamentarisation of the EU without Changing the Treaties           Why We Should Aim for It and How Easily It Can be Achieved

03/2012 András Jakab

The two main reasons why democracy won the contest for the leading legitimacy claim in the modern world are its capacity to generate loyalty and its self-correction potential. In order to use these virtues, the European Commission (conceptualised as the government of the EU) … [Read more...]

Attachments

  • JMWP03Jakab

The Present and the Future of EU Citizenship: A Bird’s Eye View of the Legal Debate

02/2012 Dimitry Kochenov

This article scrutinizes the last ten years of the academic debate on EU citizenship law taking nine fundamental disagreements among scholars as staring points. It explores EU citizenship’s relationship with three groups of issues of fundamental importance, including the … [Read more...]

Attachments

  • JMWP02Kochenov

Beyond the Exceptionalism of Constitutional Conflicts: The Ordinary Functions of the Identity Clause

01/2012 Barbara Guastaferro

Article 4(2) of the Treaty on the European Union, in its novel formulation provided by the Treaty of Lisbon, requires the Union to “respect Member States’ national identities, inherent in their fundamental structures, political and constitutional, including regional … [Read more...]

Attachments

  • JMWP01Guastaferro

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