This paper analyses the present state of affairs of companies’ cross-border mobility in the EU after the ECJ’s judgment in Cartesio. This judgment is subject to an in-depth critical examination in light of the preceding case-law of the Court on companies’ … [Read more...]
Remedying European legal pluralism The FIAMM and Fedon litigation and the judicial protection of international trade bystanders
In FIAMM and Fedon the European Court of Justice has ruled that Community undertakings hit by US trade sanctions authorised by the WTO Dispute Settlement Body are not entitled to compensation damages from EC political institutions. The article discusses the cases in the … [Read more...]
Republican Europe in a Liberal Milieu
With republican theory emerging as a form of scholarly inquiry on Europe’s puzzling transformations, a variety of civic conceptions of the European Union (EU) bring into focus the uses of normative theory. This paper, drawing from a rich intellectual tradition, argues that a … [Read more...]
The Rule of Law as a Constitutional Principle of the European Union
The rule of law is one amongst a number of principles that are together regarded as under-girding the EU polity and common to the EU Member States. This paper first asserts that the rule of law can be accurately described as a “common principle.” A series of … [Read more...]
Constitutionalism Beyond the Constitution: The Treaty of Lisbon in the Light of Post-National Public Law
The Lisbon Treaty marks the end, at least for the foreseeable future, of the project of a European Constitution. But does it also mean a rejection of the tradition of Western constitutionalism? The author addresses the question outlining, first, the main elements of the modern … [Read more...]
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