Abstract: Constitutionalism has developed in the last two centuries almost exclusively in context of the state. Particularly, its categories and institutional solutions have been fashioned in respect to the functional concerns progressively assumed by the state form of government. In the current...

Abstract: This paper aims at reconstructing the largely unexplored administrative dimension of the European Security and Defence Policy (ESDP), with particular reference to the growing web of functional, organizational and procedural interconnections between the EU, the Nato and the United...

Abstract: The paper compares French and Dutch legal approaches in regulating the use of headscarves in public institutions as examples of divergent liberal legal cultures and national policies towards immigrant minorities. It shows that in France the principle of laïcité or state secularity...

Abstract: Although this paper is entitled “The Transformation of International Law”, it does not put forward any general thesis about the great changes that have occurred in recent years in this discipline. It seeks to make a critical reflection on the current constitutionalization debates...

Abstract: The European Security and Defence Policy (ESDP) is understood as an important new "instrument" in the EU's Common Foreign and Security Policy (CFSP) "toolbox", designed to respond to the contemporary security environment as well as to overcome the inaction and hesitancy of the past....

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: In the Federfarma case (2005), the Italian Consiglio di Stato refused to request the European Court of Justice to give a preliminary ruling, stating that the fulfilment of EC obligations would have implied the violation of a fundamental constitutional right. The Federfarma decision is...

Abstract: This paper aims to analyze Internet regulation as a case-study of International Soft-law. Further, it posits the idea that a different approach in this realm is possible under the spotlight of the Common Heritage of Mankind (CHM). In the first part of the paper, the study demonstrates...

Abstract: This Article evaluates the widely held view that American constitutional rights jurisprudence is exceptional.  Its thesis is that while the conventional wisdom is largely correct about the content of a few specific constitutional rights, it is largely wrong about the more general...

Abstract: This paper describes the ways in which EU law forces Member States to reorganise their welfare states, focussing on the effects of free movement and competition principles on health care, education, and social insurance. It then considers the consequences of such reorganisations for...