This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) - to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime. The ECJ in Kadiannulled the EC’s … [Read more...]
Laïcité in the Low Countries? On Headscarves in a Neutral State
The paper compares French and Dutch legal approaches in regulating the use of headscarves in public institutions as examples of divergent liberal legal cultures and national policies towards immigrant minorities. It shows that in France the principle oflaïcité or state secularity … [Read more...]
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The European Union as Situation, Executive, and Promoter of the International Law of Cultural Diversity – Elements of a Beautiful Friendship
Cultural Diversity is an important political and legal topos in the European Union. At the same time, the concern for cultural diversity gives reason for grave reservations towards the Union. This article intends to assist, on the basis of international law, in distinguishing … [Read more...]
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“Taking Dialogue Seriously” The Renewed Need for a Judicial Dialogue at the Time of Constitutional Activism in the European Union
Despite the failure of the ambitious project of the European Constitutional Treaty, the new millennium has indeed heralded a new constitutional era for the European Union, focussed on the protection of fundamental rights. Since the approval of the Charter in December 2000, … [Read more...]
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In Search of a New Language: Italian Labour Law Scholarship in the Face of European Integration
This paper explores how Italian labour lawyers, on the basis of different analytical perspectives, have approached the European integration process. Attention to the effectiveness of law, support for schools of legal pluralism, and the anchoring of legal discourse to the premises … [Read more...]
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