Based on a constitutional comparative analysis, with reference to the Canadian and the American experiences concerning the legitimacy of durational residency requirements, the paper suggests that in a territorial pluralistic legal order the free movement and the equal treatment … [Read more...]

In the Federfarma case (2005), the Italian Consiglio di Stato refused to request the European Court of Justice to give a preliminary ruling, stating that the fulfilment of EC obligations would have implied the violation of a fundamental constitutional right. … [Read more...]

This paper analyses the potential of the WTO waiver as a legal instrument to reconcile conflicting norms and interests. It is argued that conflicts between WTO law and other international legal regimes are often an expression of underlying interest conflicts and that these should … [Read more...]

In cases 102-103/2008 for the first time the Italian Constitutional Court has referred a question to the Court of Justice under the article 234 EC procedure. The article analyses this decision in light of previous contrary case law and argues that, insofar as supremacy will be … [Read more...]

Balancing is the main method used by a number of constitutional courts around the world to resolve conflicts of fundamentals rights. The European Court of Human Rights is routinely balancing human rights against each other and against conflicting public interests and has elevated … [Read more...]