References of "International Journal of Constitutional Law"
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See detail‘It’s the political economy..!’ A moment of truth for the eurozone and the EU
Dani, Marco; Chiti, Edoardo; Mendes, Joana UL et al

in International Journal of Constitutional Law (in press)

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See detailThe Idea of Relative Authority in European and International Law
Venzke, Ingo; Mendes, Joana UL

in International Journal of Constitutional Law (2018), 16(1), 75-100

The present contribution reacts to concerns about the legitimacy of supra- and international public authority by introducing the idea of relative authority. It argues that public authority is relative ... [more ▼]

The present contribution reacts to concerns about the legitimacy of supra- and international public authority by introducing the idea of relative authority. It argues that public authority is relative, first, in the sense that the exercise of authority by one actor always stands in relation to others and, second, that the allocation of authority should be informed by the legitimacy assets that different actors can bring into the governance process. It develops an argument in favor of a specific, articulated allocation of public authority. Like other legal approaches to global governance it is inspired by domestic legal theory and thinking. It distinguishes itself through its focus on questions of institutional choice: Who should do what in European and international law? While ideas of the separation of power face an uphill battle in the variegated institutional settings on the European and even more so international level, the core normative program embedded in this idea provides traction. The contribution offers the idea of relative authority as a core part of an argumentative framework to critique and help justify the exercise of supra- and international public authority. [less ▲]

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See detailRule of Law and Participation: A Normative Analysis of Internationalised Rulemaking as Composite Procedures?
Mendes, Joana UL

in International Journal of Constitutional Law (2014), 12(2), 370-401

Procedural standards of participation have the capacity to structure and constrain the exercise of authority. Focusing on the way decisions are formed, this article argues that the depletion of such ... [more ▼]

Procedural standards of participation have the capacity to structure and constrain the exercise of authority. Focusing on the way decisions are formed, this article argues that the depletion of such standards in processes of reception of trans- and international decisions within the EU potentially leads to situations of unrestrained authority and can constitute a challenge to the rule of law. It sets out the basis for a conceptual and normative analysis underpinning the argument that procedural standards of participation can be considered part of the rule of law. The depletion of such standards is one facet of a broader problem. Intertwined decision-making procedures that cut across EU and international levels of governance challenge the ability of law to limit executive action. The challenges that internationalized rulemaking procedures pose to law can only be apprehended if they are seen in their entirety as segments of a broader regulatory cycle. On this basis, this article proposes a re-conceptualization of the decision-making procedures that operate the substantive coordination between different sites of governance. Having a EU focus, the article contributes to analyzing the challenges and possibilities of the rule of law in the current realities of diffusion of power resulting from internationalization. [less ▲]

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See detailEU Law and Global Regulatory Regimes: Hollowing Out Procedural Standards?
Mendes, Joana UL

in International Journal of Constitutional Law (2012), 10(4), 988-1022

This article examines the effects that the reception of decisions of international organizations and bodies in EU law may have in procedural standards followed in EU law and practice, in particular ... [more ▼]

This article examines the effects that the reception of decisions of international organizations and bodies in EU law may have in procedural standards followed in EU law and practice, in particular participation. Illustrative examples shed light on the practical interactions between EU and global regulatory systems and their likely negative impact on procedural standards. The author argues that the current EU rules of reception of such decisions are limited in two respects. First, issues of procedural protection are decided by the system of origin, the procedural rules of which may not be as developed as those in force in the EU. Second, rules of reception do not capture the effects of the varied interconnections developed between regulatory regimes at the global and at the EU level. The possible depletion of procedural standards in the segments of EU law that result from the reception of decisions of international bodies has relevant legitimacy implications. Procedural standards that may be bypassed have become accepted standards of legitimacy of the exercise of public power within the EU. Some give effect to norms of EU law and governance now enshrined in the Treaties. To the extent that they may be weakened by effect of the reception of decisions of international organizations and bodies, the exercise of public authority is potentially unleashed in the areas of intersection of legal systems. The article finally sketches the constitutional, procedural and theoretical paths that could lead to preserving procedural standards in the areas of intersection between EU and global regulatory regimes. [less ▲]

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