The December judgments of the ECJ in Viking and Laval on the compatibility of national collective labour law with European prerogatives have caused a quite heated critical debate. This paper seeks to put this debate in constitutional perspectives. In its first part it reconstructs in legal...

Our title refers to old but ongoing debates on conflict of laws as a legal subdiscipline. Christian Joerges has taken up this debate in his PhD-Thesis of 1971. Building on the so-called « American conflicts-law revolution » led by Brainerd Currie, he criticised the German private...