Search results for "Constitutional Tradition"
showing 5 items of 5 documents
The fundamental Human Rights as European Law Principles: their development through the ECHR principles and the Constitutional traditions conmmon to t…
2011
The need to reinforce the fundamental human rights of EU citizens and of people living in the European Union became a key goal linked to the need to create a European area of freedom, security and justice, one European Union's internal borders were gradually abolished. Respecting fundamental rights while ensuring security and justice in the European Union became two intrinsically linked tasks of European integration in the years to come. Actually two sides of the same coin. Look, for example, the immigration policy. The latest developments have even led to the creation of a Fundamental Rights Agency.
Do common constitutional traditions matter in the field of regulated markets?
2019
A new tension is spreading throughout Europe: the tension between Common Constitutional Traditions (CCTS) and Constitutional Identity (CI). Recent cases brought before the Court of Justice of the European Union (CJEU), which have gone to the core of European Integration, have revealed this tension. In particular, this tension was highlighted in the “Taricco saga” and in the more recent cases concerning the independence of the judiciary in Poland. The rulings concerning the first group of cases use the concept of CCTS in a quite conventional way, that is, with regard to fundamental rights. The essay examines the possibility that the complex relationship between the CCTS and CI will affect ot…
Il doppio mito: sulla (pretesa) neutralità della politica monetaria della BCE e la (pretesa) non-vincolatività degli indirizzi di politica economica …
2021
Policies adopted by the governance of the EMU during the financial and Covid crises display a clear gap between the “form” and the “substance” of the institutional architecture of title VIII of the TFEU. It is submitted that this architecture is in sharp contrast with the European constitutional tradition. Furthermore, the traditional view is rejected, according to which the EU Commission and Council, as well as the ECB, are devoid of binding powers in the field of economic policy. Some reflections concerning both methodological implications of the foregoing and its possible effects on the European integration process are finally developed
La problematica distinzione fra diritti e principi nella Carta dei diritti fondamentali dell'Unione europea
2020
In questo studio si prospetta una ricostruzione della distinzione fra fra diritti e principi definita nella Carta dei diritti fondamentali dell'Unione europea e si riflette sull'interpretazione che ne è stata data alla luce delle tradizioni costituzionali italiana e spagnola. This essay aims at giving some insights on the dinstinction between "rights" and "principles" within the EU Charter of Fundamental Rights. The Author analyzes also the judicial interpretation of this distinction contextualizing it within the Italian and Spanish Constitutional Tradition.
Pamięć wspólnotowa a tradycja konstytucyjna
2019
There are two dates of particular importance for Polish collective memory, namely 11November 1918 – the day of the regaining of independence after 123 years of partitions, and 4 June 1989 – the day which started the process of Poland regaining its full internal and external sovereignty. These two turning points determine the beginnings of the respective discourses on the directions of changes in the political systems of the Second and Third Republics. This paper focuses on the discourses concerning the political systems during the periods of transition and is based on the content of The March Constitution of 1921 and The Constitution of the Republic of Poland of 1997. A basic law is a text …