Browsing by Author "Maduro, Miguel Poiares"
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- A crisis between crises: placing the Portuguese Constitutional Jurisprudence of crisis in contextPublication . Maduro, Miguel Poiares; Frada, António; Pierdominici, LeonardoThe authors criticize the Constitutional Court’s jurisprudence of crisis on the main ground that it articulates the relationship between EU law and internal constitutional law in such a manner as to deny any possible conflict and need for reconciliation. This “autarchic” approach to EU Law suffers from two main flaws. First of all, it can only be achieved by construing EU Law obligations as purely obligations of result, leaving the Member states free to determine how the result is to be achieved. However, a strict separation between objectives and means is methodological inconsistent and, furthermore, it is simply incorrect to state that EU Law only imposes objectives and goals. Second, the Court appears oblivious to the composite, plural, discursive, multi-level nature of the EU legal order. This strategy can only lead to disempower national institutions (notably the Constitutional Court) in shaping of European integration.
- DemocraciaPublication . Maduro, Miguel Poiares; Botelho, Catarina Santos
- A Jurisprudência do Tribunal de Justiça das Comunidades Europeias sobre práticas abusivas no sistema comum de IVAPublication . Sousa, António Frada de; Maduro, Miguel Poiares
- You can’t sit with us. Discrimination against women in football: a commentary of the Mariyam Mohamed vs. Asian Football Confederation (AFC) elections casePublication . Maduro, Miguel Poiares; Queiroz, Benedita MenezesThe present paper focuses on the issue of discrimination against women in sports governance. The first part of this paper addresses the issue women discrimination in sports governance through looking into the case of Mariyam Mohamed vs. Asian Football Confederation (AFC) elections, which was recently decided by the Court of Arbitration for Sport (CAS). Further, the case analysis will also allow, in the second part of the paper to call the attention to several other malaises affecting sports leadership and decision making, such as the lack of transparency of the CAS decisions and their inability to deliver an effective remedy in situations like the one of Mariyam Mohamed. There was no question, for CAS, of whether the AFC electoral procedures were conducted in breach of the prohibition of discrimination against women and of improper third-party influence. Nevertheless, CAS recognized that it was also powerless to act on it leaving the situation unremedied for the time being, shedding light on a structurally more profound consequence to sports justice and other sports governance bodies modus operandi.