This paper is divided into three parts. The first part is focused on the analytical assessment of the meaning of value choices, regulatory autonomy and identity in the EU, which is characterized by the complex constitutional relationship between the Member States and supranational polity. I have...

Altneuland: The European Constitutional Terrain It is in many respects a New Land - for the first time the Union is openly, officially using the word Constitution in its formal self-understanding. But this, in turn, places it, at least lexically, in the age old terrain of constitutionalism which...

Abstract: Reawakened from its decades-long slumber during the Cold War, the UN Security Council has become more active than ever before.  Increased UN activity, however, has not always spelled increased accountability.  The problem is particularly acute with regard to the UN Security...

Abstract: The European Security and Defence Policy (ESDP) is understood as an important new "instrument" in the EU's Common Foreign and Security Policy (CFSP) "toolbox", designed to respond to the contemporary security environment as well as to overcome the inaction and hesitancy of the past....

Abstract: The fundamental freedoms of the EC Treaty prohibit tax discrimination—harsher tax treatment of cross-border economic activities than purely internal activities. Critics of the ECJ argue that the Court’s broad interpretation of the EC freedoms causes it to find tax discrimination...

Abstract: 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. The Federfarma decision is...

Abstract: As the distinction between interpretation and politics diminishes, the need for pluralism in interpretation increases. The Article argues, first, that the rule of law requires that no one tribunal possess the power to subordinate a whole legal system to its politicized rule. The...

Abstract: The European Union suffers from an empty formalistic reading of the principle of equality when dealing with situations where different legal orders legitimately compete, aspiring to regulate the condition of the same persons in the same circumstances. Consequently, equality before the...