Il titolo "La mano visibile del diritto privato europeo in materia normativa" è un'espressione che dovrebbe chiarire quella che io identifico come la più grande lacuna esistente non soltanto nel discorso politico ma anche nella dottrina e nella teoria del diritto privato europeo, alla quale mi...

Article 23 of the Treaty on the Functioning of the European Union (TFEU) provides for the right of EU citizens to diplomatic and consular protection by Member States other than the State of nationality in the territory of a third country. But what are the concepts of diplomatic and consular...

Under the World Trade Organization (WTO) legal framework, when a violation is deemed to occur, Members have recourse to a quasi-automatic dispute settlement system. If the breach persists after the WTO Dispute Settlement Body (DSB) has adopted a ruling, Members hurt by the illegal measures can...

This contribution argues that concepts of social justice in European and international private law must remain consistent with the principles of justice underlying European and international public law. The contribution begins with a brief explanation of the diversity of conceptions of...

Following the current European policy framework, this research aims to study the role of inter-firm collaboration as a tool for enhancing competitiveness and innovation in the European market. In particular, it analyses the main models of inter-firm networks, both contractual and organisational,...

I am interested in the relationship between constitutional and private law. The two Grand Projects, the European Constitution and the European Civil Code, serve as a catalyst to develop my argument. I will first look at the link between the two Grand Projects by placing emphasis on parameters...

Since its creation, European Union (hereinafter: ‘the EU’) has experienced various enlargements. In 1973, Denmark, Ireland and the United Kingdom joined the EU. Greece became a Member in 1981 and was followed by Spain and Portugal in 1986. Austria, Finland and Sweden accessed the EU in 1995....

The present efforts in Europe to achieve more uniformity in private law and the debates on a European civil code need to be understood in a wider context. Europe is plagued by concerns over its problem-solving potential and its acceptance amongst citizens. The response is ambitious projects....

Issues concerning the disposition of power as between the major EU institutions were among the most contentious during the debates in the Convention on the Future of Europe. This paper analyses these issues in political and legal terms. The discussion begins with the process employed in the...

Legal equality is a particularly troublesome ideal: it is at the same time non-negotiable(occupying a position lexically prior to other legal ideals shared by its proponents) and fundamentally ambiguous. The principal task for a theory of equality is to design a test fornon-discriminatory...