This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have been put to use in order to project EU migration policies beyond the...

There have been for fifty years two Europes: the Europe of the Council of Europe and the Europe of the European Union. Both organisations have grown, but their membership remains different. Both have developed international instruments for protecting Human Rights: on the one hand, the European...

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...

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: 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...

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: The paper explores the impact of the great enlargement of Europe (European Union and Council of Europe) to the east on the judicial interaction between the EU, the ECHR and the Member States legal orders. In order to appraise the dynamic and prospective nature of the enlargement, in...

Abstract: 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 Kadi annulled the EC’s...

Abstract: The paper examines the theory of horizontal effect of fundamental rights and freedoms, known also as Drittwirkung . It introduces relevant doctrines in Germany and Poland in order to then focus on the EU theory shaped in the case law of the European Court of Justice, most notably in...

The papers collectively aim to improve the understanding of the multi-level interplay between primary EC law and national private law. As such, the authors address the pressing topics of the shifting public – private divide in Community law, the impact of fundamental rights on Internal Market...