This paper deals with judicial departures in consolidating democracies. It investigates to what extent and under what conditions judges in those contexts are not able to decide on their departures themselves but are rather forced to leave due to pressure from the elected branches. We undertook a...

The abstract nature of Constitutional principles, such as the social state principle, requires further interpretation to determine their concrete substance. Their realization is primarily the duty of politics and the legislator. Yet the Constitutional Courts can substantially contribute to...

This paper deals with judicial departures in consolidating democracies. It investigates to what extent and under what conditions judges in those contexts are not able to decide on their departures themselves but are rather forced to leave due to pressure from the elected branches. We undertook a...

The abstract nature of Constitutional principles, such as the social state principle, requires further interpretation to determine their concrete substance. Their realization is primarily the duty of politics and the legislator. Yet the Constitutional Courts can substantially contribute to...

The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this...

The proposals of the Commission to review the Constitution of Romania were subject to the analysis of experts from the European Commission for Democracy through Law (the Venice Commission), who expressed their opinion in a report adopted at the 98th plenary session of the European body. The...

Fiscal austerity has not led to a return of confidence and it is not at all certain that the current crisis strategy can be sustained politically and will eventually succeed. Government bonds of crisis-hit countries have lost their safe asset status and high risk premiums are impairing monetary...

This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on...

Fiscal austerity has not led to a return of confidence and it is not at all certain that the current crisis strategy can be sustained politically and will eventually succeed. Government bonds of crisis-hit countries have lost their safe asset status and high risk premiums are impairing monetary...

The Constitution is the fundamental law, which includes all general rules and principles that are the essence of the rule of law. It organises and establishes the functions of the national authorities, and it enshrines the fundamental rights and freedoms, as well as their warranties. Due to its...

Our contribution to the present conference, shall address in this topic : "The constitutional guarantee of civil procedural rights". The article discusses the history of constitutional guarantees of civil procedural rights in Albania, their theoretical and practical treatment from the viewpoint...

Fiscal austerity has not led to a return of confidence and it is not at all certain that the current crisis strategy can be sustained politically and will eventually succeed. Government bonds of crisis-hit countries have lost their safe asset status and high risk premiums are impairing monetary...

This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on...

The main aim of the paper work is to determine whether the Constitutional Court of Romania could be notified by international tribunals in relation to cases tried under Romanian law. On 5 March 2013 the Constitutional Court of Romania decided, for the first time, on a case concerning an...

La Constitution représente la loi fondamentale de l`état Roumain, loi qui porte sur les principes générales d`organisation de l`état, les droit, les libertés et les obligations fondamentaux des citoyens et des autorités et les rapports développes entre les principales organismes de...

Fiscal austerity has not led to a return of confidence and it is not at all certain that the current crisis strategy can be sustained politically and will eventually succeed. Government bonds of crisis-hit countries have lost their safe asset status and high risk premiums are impairing monetary...

Can a constitution born in dictatorship serve democracy, or is it inevitably tainted by the circumstances of its birth? This question is central in Chilean politics today, but Chile is not alone. Roughly 20% of constitutions in force today were drafted during undemocratic periods. Chile’s...

This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on...

The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this...

This note reviews the legal issues and concerns that are likely to play an important role in the ongoing deliberations of the Federal Constitutional Court of Germany concerning the legality of ECB government bond purchases such as those conducted in the context of its earlier Securities Market...

The creation of constitutional courts is a political affair because the judicial review of laws and competences potentially curb the power of the elected branches. This paper seeks to refine the explanations for both the spread of constitutional courts and the extent of their formal...

This paper discusses Portugal’s Eighth and Ninth Reviews Under the Extended Arrangement and Request for Waivers of Applicability of end-September Performance Criteria (PC). Program implementation has remained broadly on track, in spite of a political crisis and significant legal...

This paper examines the correlation between the concepts of sovereignty, human rights, and democracy in Russian legal and political debate, analyzing this correlation in the context of Russian philosophical discourse. It argues that sovereignty is often used as a powerful argument which allows...

This paper concerns the recent evolution in terms of government and governance of the discipline on the local public utilities in Italy,paying attention to the recent changes occurred. The Italian Constitutional Court has declared the illegitimacy of the art. 4, l. n. 148/2011 that established...

According to Article 147 paragraph 1 of the revised Romanian Constitution, the provisions of law and of the ordinances in force as well as the provisions of the regulations determined as unconstitutional, shall cease their legal effects within 45 days of the publication of the Constitutional...

The sovereignty of the people, out of which state sovereignty draws its essence, is a „natural right” of the people, envisaged as a nation. It is an inalienable and imprescriptible right. However, the concepts must be reconsidered. Firstly, it is underwritten the idea that the states give up...

In the contemporary world, the distinction between the state of peace and the state of war has been progressively blurred, the debate over national security has included new threats and new responses, and a large share of the military activities of constitutional democracies consists of...

In Romania, issues such as the civil procedure code or the constitutionality of a government request for a vote of confidence have generated fruitful debates on the jurisprudence of the Constitutional Court. In this respect, the author argues that its decisions can reflect an indirect dialogue...

Since March 1, 2010, administrative and judiciary judges are essential actors of the new process of a posteriori constitutional review. The ordinary judge is in the heart of a device based on a filtering system towards the Constitutional Council, which preserves the monopoly on the...

In our country, contravention belong from the historical point of view to criminal law. Historically, contraventions were passed from the penal field and they have been brought to administrative field and today, as we can see, we can identify an autonomy of the contraventional law. We...

The purpose of this paper is to analyse the legal framework of liability of the president in Lithuania. The particular interest for this model is due to the fact that Lithuania is the only European Union member country where the procedure of impeachment of the President was finished by his...

More than one hundred years ago, the U.S. Supreme Court started to refer to social science evidence in its judgments. However, this has not resonated with many constitutional courts outside the United States, in particular in continental Europe. This contribution has a twofold aim. First, it...

Автор рассматривает применение одного из основополагающих принципов организации судебного процесса принципа состязательности, в конституционном...