Bulletin n. 2-3/2013
February 2014
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Elisa Bertolini
    La nuova dimensione della sovranità dei Parlamenti nazionali in materia finanziaria e di bilancio
    in Diritto pubblico comparato ed europeo , no. 1 ,  2013 ,  135-168
    The article tries to reshape a new dimension of parliamentary sovereignty in budgetary matters after the ratification of the two international treaties - the ESM Treaty and the Treaty, on Stability, Coordination and Governance in the Economic and Monetary UNion - founding the new economic governance of the euro zone. The common feature they share is a substantial reduction of the national Parliaments sovereignty. In order to affirm parliamentary sovereignty, both treaties have been directly challenged in front of some Constitutonal/Supreme Courts: the ESM Treaty in Ireland, Estonia and Germany, while the Fiscal Compact in France and Germany (while two appeals against the ESM Treaty are still pending in Austria and Poland). The author analyses the German, the Irish and the Estonian decisions to point out how the Courts deal with the issue of parliamentary sovereignty and whether they try to balance the loss of sovereignty with the strengthening of other parliamentary powers. Then the author discusses which constitutional body should be the more suitable to protect parliamentary sovereigny, whether the Constitutional/Supreme Court or Parliament itself. Finally the author tries to identify the new content of parliamentary sovereignty in budgetary matters and that should be a more strict control on the executive power and a strengthening of the information rights of Parliaments towards both the executive and the international bodies.
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