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Title:Constitutional challenges in the algorithmic society Editor(s):MICKLITZ, Hans-Wolfgang
; POLLICINO, Oreste; REICHMAN, Amnon; SIMONCINI, Andrea; SARTOR, Giovanni
; DE GREGORIO, GiovanniDate:2022Citation:
- Cambridge : Cambridge University Press, 2022
Type:BookAbstract:New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal ...


Title:Rule without law in Hungary : the decade of abusive permanent state of exception Author(s):MÉSZÁROS, Gábor
Date:2022Type:Working PaperSeries/Number:EUI MWP; 2022/01Abstract:Since the Fidesz-KDNP coalition’s success at the elections in Hungary in 2010, democracy and democratic tolerance have been used for their own destruction. There are many aspects of this process; this article focuses mainly ...


Title:The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism Author(s):SCHOLTES, Julian
Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach ...


Title:The changes undermining the functioning of a constitutional democracy Author(s):FLECK, Zoltán; KOVÁCS, Ágnes; KÖRTVÉLYESI, Zsolt; MÉSZÁROS, Gábor
; POLYÁK, GáborDate:2022Type:Working PaperSeries/Number:MTA Law Working Papers; 2022/09Abstract:This paper reviews the changes that relate to institutions that play a central role in maintaining a functioning democracy. The chapters document how these institutions and areas where, one by one, transformed to undermine ...


Title:Intergovernmental action above, below and alongside the European Union : the law and practice of parallel and partial agreements between member states Author(s):MARTINELLI, Thibault
Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:In the last decades, the EU has gradually become Member States’ preferred vehicle through which they deepen intra-European cooperation. In that context, they act mainly through the European Union and its institutional ...

Title:European financial solidarity : a concept in search of definition Author(s):PANASCÌ, Maria AntoniaDate:2022Type:Working PaperSeries/Number:EUI AEL; 2022/04; European Society of International Law PaperAbstract:The aim of this paper is to understand the conceptual and legal scope of financial solidarity in the European Union (EU). To this end, the paper offers a theoretical account of EU solidarity that highlights its two inherent ...
Title:Constitutional pluralism in the European Union : a critical reassessment Author(s):BARANSKI, Marcin
Date:2021Citation:
- Florence : European University Institute, 2021
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical ...

Title:The autonomy of EU law : a Hartian view Author(s):LINDEBOOM, Justin
Date:2021Citation:
- European journal of legal studies, 2021, Vol. 13, No. 1, pp. 271-307
Type:ArticleAbstract:This article aims to reconstruct and theorise the autonomy of the European Union (EU) legal system by drawing on Hartian legal theory. It comprises four claims. First, the European Court of Justice's (ECJ) 'foundational ...

Title:The Court of Justice in the archives project : analysis of the ERTA case (22/70) Author(s):PETTI, Alessandro
Date:2021Type:Working PaperSeries/Number:EUI AEL; 2021/08Abstract:Scholars and practitioners interested in the genealogy of EU external relations law will hardly find a more precious source of inquiry than the revealing pages of the ERTA dossier de procédure originale. The value of the ...


Title:The Court of Justice in the archives project : analysis of the Foglia case (244/80) Author(s):GINES MARTIN, Diego
Date:2021Type:Working PaperSeries/Number:EUI AEL; 2021/03Abstract:The Foglia cases are key to understanding the relationship between the ECJ and national
courts in Article 267 TFEU proceedings, as they were the first cases in which the Court clearly
stated that it would decide on its ...

