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: Although not originally foreseen in the founding Treaty, today the most important and widespread form of EU regulation in the internal market is concerned with the government of risk. Indeed, similarly to what occurred in the United States in the 1960s and 1970s, the EU has in recent...

Abstract: The issue of DNA database legislation is one of the most delicate challenges of legislative harmonization at the European level. The balance between the right to privacy, and the right to security and to fair trial is hard to be achieved and it depends a lot from the cultural,...

Abstract: 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’ freedom of...

Abstract: In domestic legal systems, public authorities have incorporated rules first established by private bodies for a long time. In the global arena, public regulatory regimes increasingly connect with private ones. International intergovernmental organizations, transnational regulatory...

Abstract: Multifarious definitions and different practices are associated with the "judicial comity" notion. Nevertheless, this paper seeks to demonstrate the existence of a "key feature" of the phenomenon. The analysis of cases illustrates that the implementation of certain judicial techniques...

Abstract: The introduction of a competence catalogue in the TFEU by the Treaty of Lisbon eliminated the overlap between the preclusion of national lawmaking powers attributable to the exclusive character of EU competences and that stemming from the enactment of EU legislation, thus opening the...