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This paper aims at analyzing the use of the concept of «constituent power» in the context of European integration. The thesis is that the constituent power is the «forgotten» of European integration, since this legal order was built and acquired a political and constitutional dimension without any action attributable to an European demos. Indeed, it is under the combined action of the member States (as «masters of the Treaties») and of European institutions (especially the European Court of justice) that the process of «constitutionnalization» has developed itself endogenously. It is generally argued that the lack of «constituent power» illustrates the fact that the EU has not yet crossed the «state threshold», since this concept was historically shaped within the nation-state framework. However, we believe that the eviction of the concept of constituent power is not a theoretical necessity but that it stems from a political choice, due to the fear that the adoption of a European constitution by a European people could result in the disappearance of the states. However, we think that there is no conceptual need to limit the concept of constituent power to the state field. In other words, we assume that the concept of constituent power could be transposed into the European field and, moreover, that this prospect could be essential in the view of bridging the «democratic deficit» of the European Union. The model of the «Federation of States» could be used to sketch a European constituent power respectful of the existence of the nation-states. [ABSTRACT FROM AUTHOR]

The legislative decision that opened in our legal system the marriage institution to same-sex couples, allowing child adoption, provoked, at some point, an intense doctrinal debate. If the intention of the Spanish Constitutional Court, through the Judgment 198/2012, that settled the constitutional demand promoted against the cited decision, was to finish those debates, it doesn't seem that the purpose was achieved. The majoritarian option dealing with an evolutive interpretation of the Constitution, or the reasons given in the dissent opinions, brought new considerations, like the ones given in this paper. [ABSTRACT FROM AUTHOR]

This paper analyzes the problems that UK faces on changing the rules of succession to the Throne. Must UK consult with or seek the consent of other Commonwealth Realms of which Elisabeth II is Head of State? Would a British legislative change to the rules of succession have any impact upon these Realms? What difficulties might Commonwealth Realms face in changing their own law and Constitutions regarding succession to the Throne of their State? [ABSTRACT FROM AUTHOR]

This article deals with the expenditure ceiling as established in Polish constitution, the constituent debates, the problems of its application and the complexity o determining the violation of constitutional limits. This paper analyzes as well the rulings of Poland's Constitutional Tribunal. It argues that the constitutional limitation plays an important preventing role. [ABSTRACT FROM AUTHOR]

This paper is a constitutional analysis, but also a political science analysis, of reforms on the German Constitution since 1949. This analysis concluded that in many cases it has been more constitutional «mutations» than formal reforms, and that it is difficult to distinguish both kind of changes. Due to the number of reforms and its effects, it is possible to consider that the German Constitution is a flexible constitution: the special majority required is not a real obstacle to the parliament decision; and the decision to reform the constitution and an ordinary decision are very similar, therefore there is a serious rift between constituent process and reform process. [ABSTRACT FROM AUTHOR]

After the reform of the article 135 of the Spanish Constitution, to give constitutional status to the balanced budget principle and the public debt limits, this paper offers a comparative study with the equivalent rule of the German Constitution, as amended in 2009. The study explains the main characteristics of the distribution of taxing and spending power between the Federation and the States in the Bonn Basic Law and the reforms introduced in the previous revision of 2006. The article also outlines other issues discussed during the reform process, like the tendency to a centralized Tax Administration and the growing but still very limited State Tax Powers. [ABSTRACT FROM AUTHOR]

After the introduction of the "European restriction" to public deficit, resulting from the Treaty of Maastricht and the Stability and Growth Pact, the Autonomous Communities have been subject to formal fiscal rules with regard to the deficit and the debt, as well as the management of their budgets. However, this regulation did not prevent some Autonomous Communities failed to comply with the budgetary stability objectives, probably because it lacked an effective system of sanctions. This paper examines the scope of the constitutional amendment of article 135, and focuses particularly on the margin of maneuver that new article 135 gives the State to impose the regional governments meet the deficit and debt limits. [ABSTRACT FROM AUTHOR]

After the introduction of the "European restriction" to public deficit, resulting from the Treaty of Maastricht and the Stability and Growth Pact, the Autonomous Communities have been subject to formal fiscal rules with regard to the deficit and debt, as well as management of their budgets. However, this regulation, did not prevent some Autonomous Communities failed to comply with the budgetary stability objectives, probably because it lacked an effective system of sanctions. This paper examines the scope of the constitutional amendment of article 135, and focuses particularly on the margin of maneuver that the new article 135 gives the State to impose regional governments meet the deficit and debt limits. [ABSTRACT FROM AUTHOR]

This paper examines the Constitutional Court case on the Preamble of the Statute of Autonomy of Catalonia (STC 31/2010). For the Spanish Court, the Statute cannot be regarded as an original Constitution derived from a constituent power. On the contrary, the Statute is a law derived from the Spanish Constitution. From this point of view, we analyze the following issues: a) first, the possibility of a constitutional control of the preambles of the laws; b) secondly, the question about the meaning and scope of the effectiveness of the preamble regarding the terms of nation and national reality of Catalonia; c) thirdly, the reasoning of the Courts on historical law. [ABSTRACT FROM AUTHOR]

This paper analyses the constitutional problems raised by the phone and mail interventions from the vantage of the protection of privacy. The legal regulation required by the Constitution has turned out to be insufficient. Therefore the main task of protection of the right has fallen on the judiciary and subsequently on the Constitutional Court. Prof. Aragon's contribution focuses on the questions und circumstances that surround this issue. [ABSTRACT FROM AUTHOR]