There is a trend towards recognising a general principle of public access to documents held by public authorities, both in national and in Community law. Once such a fundamental principle of Community law is established, the exceptions to public access to documents laid down in the internal...

Abstract: In cases 102-103/2008 for the first time the Italian Constitutional Court has referred a question to the Court of Justice under the article 234 EC procedure. The article analyses this decision in light of previous contrary case law and argues that, insofar as supremacy will be...

Abstract: This article is about the state of social rights in the European Union, in comparison with their protection at national level. The first part aims to define the term of social citizenship as it is understood in European legal culture. The second part examines the recent evolution of...

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 transformation of family law, presently spreading  throughout the entire land of Europe with different stages of development, questions the law discipline in a multifaceted way. The scope of this paper is to approach this delicate issue from the point of view of the competences...

This paper reviews the incidence of precedent-based practices in the Court of Justice of the European Union’s (CJEU) case law on family reunification immigration. Particular attention is paid to the use of fundamental rights considerations, and the extent to which they guide the Court’s...

The Convention appears to many as both a confirmation of the thesis of the new institutionalism on the value of institutions for shaping the outcome of constitutional politics (the politics of creating EU fundamental rules) and a new model for democratic deliberative politics. From this second...