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Antonia Baraggia

Across the globe, public power is experiencing a period of deeply rooted change. An increasingly complex supranational space has come to encapsulate national institutions, challenging the state’s monopoly on coercion and regulation in several fields. At the same time, private actors have entered the regulatory sphere, competing with state’s regulatory prerogatives. In such a context, beside the ever-growing and well-assessed role of the judiciary, today we are witnessing another powerful global phenomenon: the “delegation of policy-making authority to semi-autonomous, professional bodies,” which have decision-making power in areas that were traditionally a prerogative of a state’s executive or the legislative power.

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Antonia Baraggia

The crisis of the Eurozone and the risk of default for countries like Greece, Ireland and Portugal has led to the intervention of international and supranational institutions like the International Monetary Fund, the European Central Bank and the European Commission, which provided bailouts under a strict programme of conditionality measures to be implemented by the borrowing countries. The first part of the article explores the nature of conditionality measures and their impact on democratic governance within the European Union legal framework. The second part of the article considers the challenges posed by conditionality specifically to the European Union legal framework—including human rights protection and the democratic principle—both at the European Union and at national levels. The third part deals with the role of the national supreme courts in judging the legitimacy of such interventions, acting as watchdogs with respect to the democratic principle but, at the same time, creating a ‘short circuit’ of legitimation regarding decisions made by national governments (even if conditional).

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Lorenza Violini and Antonia Baraggia

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The Fragmented Landscape of Fundamental Rights Protection in Europe

The Role of Judicial and Non-Judicial Actors

Edited by Lorenza Violini and Antonia Baraggia

The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.
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Edited by Richard Albert, Antonia Baraggia and Cristina Fasone

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Richard Albert, Antonia Baraggia and Cristina Fasone

Bicameralism is under pressure in every corner of the world. From North to South America, from Australia to Africa, and from Asia to Europe, there are some signs of success, yet perhaps more of failure, in efforts to reform bicam¬eralism to respond to the modern expectations of democracy.

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Edited by Richard Albert, Antonia Baraggia and Cristina Fasone

Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives.
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Edited by Antonia Baraggia, Cristina Fasone and Luca P. Vanoni

This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.