10. Constitutions and Courts

2020 ◽  
pp. 205-226
Author(s):  
Nuno Garoupa ◽  
Pedro C. Magalhães
Keyword(s):  
Empirical Evidence ◽  
European Countries ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
Current Trends ◽  
Political Impact

This chapter focuses on the constitutions of European countries as well as on the mechanisms in place to interpret and enforce them. It starts by defining ‘constitution’. It then proceeds to a discussion about the role of courts and constitutional review of legislation. Focusing in particular on centralized constitutional review, it describes the variety of powers enjoyed by contemporary constitutional courts. Existing mechanisms for litigation and judicial appointment are also considered. Finally, it addresses the existing empirical evidence about both judicial behaviour in such courts and their political impact. The chapter concludes with an examination of current trends in the direction of supranational constitutionalism and constitutional review.

scholarly journals ADAPTATION OF INSURANCE DISTRIBUTION TO THE NEW CHALLENGES

2021 ◽  
Author(s):  
Nataliia PRYKAZIUK ◽  
Tetiana MOTASHKO ◽  
Oksana LOBOVA
Keyword(s):  
Distribution System ◽  
European Countries ◽  
Insurance Companies ◽  
The Sustainable Development ◽  
Current Trends ◽  
Proposed Model ◽  
Analysis And Synthesis ◽  
Development Goals ◽  
New Challenges

Purpose – new challenges, including those induced by the Covid-19 pandemic and digital power, are exac-erbating instability for each entity and increasing the role of insurance, while necessitating the reformatting of existing approaches to insurance distribution. The purpose of the article is to develop a model of adaptation of the insurance distribution system to new challenges by elucidating the distribution channels transformation during the last decade in European countries, establishing causal links, identifying factors that determine current trends in insurance distribution. Research methodology – the economic and statistical methods of collecting and processing the information, methods of structural and dynamic analysis, analysis and synthesis, empirical methods are usedto achieve the stated goal of the article. Findings – a model for adapting the insurance distribution to new challenges, including the Covid-19 pandemic and digital power, which is based on the current trends and transformation processes of insurance distribution in European countries, the features of the insurance distribution system, aimed at innovation and the establishment of insurance ecosystemsis developed. Research limitations – limitations of the study are represented by the gaps in available statistical information for indi-vidual countries. Practical implications – the results of the study, including the proposed model, can help insurance companies achieving the sustainable development goals, taking into account new challenges. Originality/Value – this study delivers its contribution by demonstrating the trends, drivers and ways to adapt the in-surance distribution in the new realities.

scholarly journals Statistical Evidence on the Role of Energy Cooperatives for the Energy Transition in European Countries

2018 ◽  
Vol 10 (9) ◽  
pp. 3339 ◽  
Author(s):  
August Wierling ◽  
Valeria Schwanitz ◽  
Jan Zeiß ◽  
Celine Bout ◽  
Chiara Candelise ◽  
...  
Keyword(s):  
Renewable Energy ◽  
Empirical Evidence ◽  
Current Literature ◽  
Energy Transition ◽  
Statistical Evidence ◽  
European Countries ◽  
Accounting System

The share of renewable energy is increasing throughout Europe. Yet, little is known about how much can be attributed to different actors, other than those commercially active. This paper provides empirical evidence of activities by energy cooperatives in the field of renewable energy in four different European countries. It draws from a database consisting of 2671 entries, contrasting results from current literature. We find that energy cooperatives are important enablers of the energy transition. However, their role is shrinking in recent years due to a tightening or removal of supportive schemes. We conclude that it is necessary to develop a systematic accounting system to properly track and make visible the contributions by different actors. In turn, this will help to better model the likely speed of Europe’s energy transition.

scholarly journals THE ROLE OF LEASING IN FINANCING OF INNOVATION IN EUROPE AND ARMENIA

2016 ◽  
Vol 65 (16) ◽  
pp. 56-69
Author(s):  
Lilya Avetisyan ◽  
Agnieszka Parlińska
Keyword(s):  
Comparative Analysis ◽  
European Countries ◽  
Innovation Activity ◽  
Funding Mechanism ◽  
Innovation Activities ◽  
Current Trends ◽  
Main Factor ◽  
Stimulation Of

The paper presents possibilities of the use of leasing as an instrument of financing of innovation activities. At present times the issue of search of new ways of financial provision for innovation activity, which is the main factor of competitiveness of the enterprises, is of a particular importance. In the paper advantages of the leasing funding mechanism for innovation activities are presented, and the role of innovative leasing in modern conditions is revealed. The comparative analysis of regulation of leasing in a number of European countries is carried out, and also the analysis of the European leasing market is submitted. The structure and current trends of development of the domestic leasing market are considered. The main problems interfering development of leasing in Armenia are revealed. On the basis of the best European practices recommendations are provided, which will promote the use of leasing for stimulation of innovation activities of the enterprises in Armenia.

scholarly journals Rola logistyki w pogłębianiu procesów globalizacji

2019 ◽  
Vol 19(34) (1) ◽  
pp. 59-67
Author(s):  
Bogdan Klepacki ◽  
Aleksandra Perkowska
Keyword(s):  
United States ◽  
World Wide ◽  
The United States ◽  
European Countries ◽  
Maritime Transport ◽  
Asian Countries ◽  
International Flow ◽  
Current Trends ◽  
General Cargo

The study presents the importance of logistics in deepening globalization, especially in the use of maritime transport. This transport industry is the most widely used in the international flow of goods. It was found that world-wide transport from the mid-1990s increased almost by half, which was due to the most increased shipment of general cargo (2.6 times) and container loads (2 times). If the current trends in the pace of globalization processes are maintained in the future, rapidly developing Asian countries will be the deciding factor, while the role of developed European countries and the United States will decline.

scholarly journals The European Union in the World Economy: Competitiveness Issues

2020 ◽  
Keyword(s):  
European Union ◽  
International Relations ◽  
Global Economy ◽  
World Economy ◽  
European Countries ◽  
The European Union ◽  
Current Trends ◽  
European Single Market ◽  
The World

This study is prepared by the Center for European Studies of Primakov National Research Institute of World Economy and International Relations. It observes the problems of competitiveness and the challenges faced by European countries and the European Union as a whole in contemporary global economy. The first part of the book presents the general position of the EU in the world economy, examines industrial competitiveness and describes the role of State in its ensuring. The second part is dedicated to national competitiveness of European countries in the European Single Market. The publication is intended for Agencies developing Russia's economic policy, as well as for researchers, higher education professors, postgraduates, students, and anyone interested in the current trends in the world economy and international relations.

Desecularization as Phenomenon at the Turn of 21st Century

2019 ◽  
Vol 29 ◽  
pp. 49-57
Author(s):  
Sergey V.  Lebedev ◽  
Galina N.  Lebedeva
Keyword(s):  
21St Century ◽  
Social Problems ◽  
European Countries ◽  
Islamic Revolution ◽  
Islamic Movement ◽  
The World ◽  
Rational Alternative ◽  
Role Of Religion

In the article the authors note that since the 1970s, with the rise of the Islamic movement and the Islamic revolution in Iran, philosophers and political scientists started to talk about religious renaissance in many regions of the world. In addition, the point at issue is the growing role of religion in society, including European countries that have long ago gone through the process of secularization. The reasons for this phenomenon, regardless of its name, are diverse, but understandable: secular ideologies of the last century failed to explain the existing social problems and give them a rational alternative.

The Kelsenian Model of Constitutional Review in Times of European Integration – Reconsidering the Basic Features

2019 ◽  
Vol 19 (1) ◽  
pp. 7-37
Author(s):  
Aleksandra Kustra-Rogatka
Keyword(s):  
European Integration ◽  
Legal System ◽  
Constitutional Court ◽  
Centralized Control ◽  
Constitutional Treaty ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
Legal Norms ◽  
Basic Features ◽  
The Eu

Summary The paper deals with the changes in the centralized (Kelsenian) model of constitutional review resulting from a state’s membership of the EU, which unequivocally demonstrates the decomposition of the classic paradigm of constitutional judiciary. The main point raised in the paper is that European integration has fundamentally influenced on the four above-mentioned basic elements of the Kelsenian model of constitutional review of legislation, which are the following: the assumption of the hierarchical construction of a legal system; the assumption of the supreme legal force of the constitution as the primary normative act of a given system; a centralised model of reviewing hierarchical conformity of legal norms; coherence of the system guaranteed by a constitutional court’s power to declare defectiveness of a norm and the latter’s derogation. All its fundamental elements have evolved, i.e. the hierarchy of the legal system, the overriding power of the constitution, centralized control of constitutionality, and the erga omnes effect of the ruling on the hierarchical non-conformity of the norms. It should be noted that over the last decade the dynamics of these changes have definitely gained momentum. This has been influenced by several factors, including the “great accession” of 2004, the pursuit of formal constitutionalization of the EU through the Constitutional Treaty, the compromise solutions adopted in the Treaty of Lisbon, the entry into force of the Charter, and the prospect of EU accession to the ECHR. The CJEU has used these factors to deepen the tendencies towards decentralization of constitutional control, by atomising national judicial systems and relativizing the effects of constitutional court rulings within national legal systems. The end result is the observed phenomenon, if not of marginalisation, then at least of a systemic shift in the position of constitutional courts, which have lost their uniqueness and have become “only ones of many” national courts.

The role of Constitutional Courts in Transitional Justice: Colombia and South Africa

2016 ◽  
Vol 9 (15) ◽  
Author(s):  
Nadiehezka Paola Palencia Tejedor
Keyword(s):  
South Africa ◽  
Structural Analysis ◽  
Transitional Justice ◽  
Critical Analysis ◽  
Historical Context ◽  
Constitutional Courts ◽  
Political Background ◽  
Similarities And Differences ◽  
Peace And Reconciliation

This work focuses on a compared analysis of the South Afri- can decision related to the “peace and reconciliation act” of this country’s Parliament, and the Colombian decision regarding the amendment of the constitution called “The juridical framework for the peace.” Turning to the structure, it is developed in three major topics: 1. It provides a brief of the historical context, political background and an overview of the two decisions.2. It gives a structural analysis of the powers that each Court has and the nature of the constitutional mechanism through which both Courts decided the constitutionality of the said norms 3. It presents a critical analysis on the similarities and differences between the two systems and judgments. It presents some con- clusions. 

Sign in / Sign up

Export Citation Format

Share Document