The judicial dialogue represents a privileged perspective for studying the relations between interacting legal orders, especially looking at the multilevel and pluralistic structure of the European constitutional legal order.The aim of this paper is to focus on that particular … [Read more...]
Trade and Labour within the European Union Generalized System of Preferences
This paper analyses the relationship between the EU scheme of generalized system of preferences (GSP) and international trade law in the context of the GATT/WTO. We argue that the analysis of GSP schemes and the concerned Appellate Body (AB) case law demonstrate the possibility … [Read more...]
New Emerging Judicial Dynamics of the Relationship Between National and the European Courts after the Enlargement of Europe
The paper explores the impact of the great enlargement of Europe (European Union and Council of Europe) to the east on the judicial interaction between the EU, the ECHR and the Member States legal orders. In order to appraise the dynamic and prospective nature of the enlargement, … [Read more...]
The New Functionalist Approach of the ECJ Towards the European Freedom of Movement and Residency: Some Lessons from a Constitutional Comparative Survey
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...]
Fundamental Rights, Legal Disorder and Legitimacy: The Federfarma Case
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...]
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