Giacinto della Cananea
Public Law Disputes In A Unified Europe
This essay is an attempt to contribute to the discussion on legal comparison in the field of public law. First, it argues that, historically, rival approaches to comparative legal analysis have been followed in the European context and that, methodologically, the time is ripe for considering whether a new approach is justified by the existence of a common core of principles. Second, the essay argues that, for all the importance that has traditionally been given to the distinction between judicial monism and dualism, other aspects are arguably more important, notably the distinction that emerges from law and institutional practice between a particular class of disputes – which is called ‘public law disputes’ - and other classes of disputes and the principles and criteria that govern proceedings related to such disputes. Finally, on the basis of this analysis, some remarks are made with regard to the relationship between dissimilarity and similarity.