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The German Federal Constitutional Court ruling and the European Central Bank's strategy

Feld, Lars P.; Wieland, Volker - 2020

The ruling of the German Federal Constitutional Court and its call for conducting and communicating proportionality … strengthen the de-facto independence of the European Central Bank. This paper shows how a regular proportionality check could be …

Persistent link: https://www.econbiz.de/10012315967

A new quota approach to electoral disproportionality

Martínez-Panero, Miguel; Arredondo, Verónica; Peña, … - In: Economies 7 (2019) 1, pp. 1-17

In this paper electoral disproportionality is split into two types: (1) Forced or unavoidable, due to the very nature of the apportionment problem; and (2) non-forced. While disproportionality indexes proposed in the literature do not distinguish between such components, we design an index,...

Persistent link: https://www.econbiz.de/10013199529

Embedded Supervision: How to Build Regulation into Decentralised Finance

Auer, Raphael A. - 2022

The emergence of so-called "decentralised finance" (DeFi) and a shadow financial system of cryptocurrency exchanges and stablecoin issuers raises the challenge of how to apply technology-neutral regulation so that similar risks are subject to the same rules. This paper makes the case for...

Persistent link: https://www.econbiz.de/10013353383

The implications of derisking: The case of Malta, a small EU state

Grima, Simon; Baldacchino, Peter J.; Abela, Jeremy Mercieca - In: Journal of Risk and Financial Management 13 (2020) 9, pp. 1-31

In this study, we explore the emerging derisking phenomenon by identifying and analysing the main factors that are affected by, and the implications of, the derisking process by focusing on the key drivers and implications of derisking specific to Malta. To do this, we carried out 32 interviews...

Persistent link: https://www.econbiz.de/10012611419

Global Constitutionalism, Human Rights and Proportionality: Institutionalizing Socratic Contestation

Kumm, Mattias - In: Journal of Constitutional Justice 9 (2022) 2, pp. 193-244

of the Cold War proportionality analysis has become a central feature of reasoning about rights. Yet one of the core … test. The institutionalization of a rights-based proportionality review shares a number of salient features and puzzles … proportionality-based rights review. When judges decide human or constitutional rights cases within the proportionality framework …

Persistent link: https://www.econbiz.de/10013482392

Fair Apportionment in the View of the Venice Commission's Recommendation

Biró, Péter; Kóczy, László Á.; Sziklai, Balázs - 2013

In this paper we analyze the consequences of the fairness recommendation of the Venice Commission in allocating voting districts among larger administrative regions. This recommendation requires the size of any constituency not to differ from the average constituency size by more than a fixed...

Persistent link: https://www.econbiz.de/10010494554

From bargaining solutions to claims rules: A proportional approach

Giménez-Gómez, José-Manuel; Osório, António; … - In: Games 6 (2015) 1, pp. 32-38

Agents involved in a conflicting claims problem may be concerned with the proportion of their claims that is satisfied, or with the total amount they get. In order to relate both perspectives, we associate to each conflicting claims problem a bargaining-in-proportions set. Then, we obtain a...

Persistent link: https://www.econbiz.de/10011709839

Avoiding the common wisdom fallacy: The role of social sciences in constitutional adjudication

Petersen, Niels - 2011

More than one hundred years ago, the U.S. Supreme Court started to refer to social science evidence in its judgments. However, this has not resonated with many constitutional courts outside the United States, in particular in continental Europe. This contribution has a twofold aim. First, it...

Persistent link: https://www.econbiz.de/10010286714

Proportionality and Karlsruhe's ultra vires verdict: Ways out of constitutional pluralism?

Höpner, Martin - 2021

Union (CJEU) had acted beyond their mandates because they did not apply strong proportionality standards to the ECB's Public … struggles between European and national constitutional law. The different readings of proportionality are difficult to bridge …

Persistent link: https://www.econbiz.de/10012432070

The average representation - a cornucopia of power indices?

Kaniovski, Serguei; Kurz, Sascha - In: Homo oeconomicus 32 (2015) 2, pp. 169-182

Persistent link: https://www.econbiz.de/10011422665