Results 111 to 120 of about 3,385 (245)

Strategic designation, accelerated permitting and accountability under the Critical Raw Materials Act

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract The EU's Critical Raw Materials Act (CRMA) aims to secure supply chains for the green and digital transitions through the designation of ‘strategic projects’ and accelerated permitting procedures. While it does not formally amend EU environmental legislation, it reshapes the conditions under which environmental assessment is applied in ...
Nicolò Andreotti
wiley   +1 more source

The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution

open access: yes, 2014
Larry Backer opines that 'Most of the academic work regarding the "lessons" offered by American federalism for the European Union ("EU") and other supra-national systems has predominantly focused on an understanding of post-Civil War American federalism.
Wesley, Tiffani
core  

Common and civil law approaches to tort‐based corporate climate litigation: A comparative case law review

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract As corporate climate litigation intensifies globally, litigants consistently encounter the same procedural and substantive hurdles: duty of care, standing and causation. Success in navigating these hurdles has been sporadic, and most existing inquiry has sought to understand these trends according to geographical or case‐type lenses.
Calum MacLaren
wiley   +1 more source

Italian citizenship by marriage: some remarks on the Constitutional Court’s Ruling no 195 of 2022 [PDF]

open access: yes
In July 2022, the Italian Constitutional Court handed down Judgment no 195 on the issue of citizenship by marriage. The Court held that foreign or stateless persons married to an Italian citizen cannot be denied Italian citizenship due to the death of ...
Ciliberto, Giulia
core  

Unamendability and Constitutional Identity in the Italian Constitutional Experience

open access: yes, 2019
The article explores the historical roots of the explicit unamendable clause(s) in the Italian Constitution. Following, it explores the scholarly debate over the interpretation of unamendable provisions.
Pietro Faraguna
core   +1 more source

Rights of Nature in the EU: A thought experiment to improve access to justice

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley   +1 more source

Understanding Literal Compliance in the European Union's Multilevel Fiscal Governance

open access: yesRegulation &Governance, EarlyView.
ABSTRACT Even if member states formally comply with EU law, the ‘ideal type’ of literal compliance, where EU rules are compliantly transposed without customizing their density or restrictiveness, is both rare and improbable. Why do EU member states engage in literal compliance in the ‘least likely’ case of the EU's Fiscal Compact, where customized ...
Tiziano Zgaga, Eva Thomann
wiley   +1 more source

Tightening the Regulatory Grip: Local Regulatory Stringency and Sectoral Platform Regulation in EU Cities

open access: yesRegulation &Governance, EarlyView.
ABSTRACT Platform companies like Uber and Airbnb are depicted as agile policy entrepreneurs who can navigate the boundaries of regulatory frameworks and manipulate regulations to their advantage; however, recent empirical studies suggest that their capacity to influence policy depends on the particular political and institutional context.
Eliska Drapalova, Kai Wegrich
wiley   +1 more source

Federalism and regionalism in constitutional adjudication

open access: yes, 2021
This chapter looks at the role of constitutional adjudication in the evolution of the Italian regional state. The first research question is on whether and how the Constitutional Court has contributed to the actual working of the system.
Giacomo Delledonne
core  

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