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Current Issue

Pietro Faraguna, Cristina Fasone, Giovanni Piccirilli
Constitutional Adjudication In Europe Between Unity And Pluralism

1. Where Do We Stand? The Constitutionalization of the EU and the Europeanization of Constitutional Adjudication This special issue is one of the outcomes of the IACL Roundtable on “Constitutional ...read more ›

Raffaele Bifulco
Europe And Constitutional Pluralism: Prospects And Limitations

As far as the EU is concerned, the funding idea is that constitutional pluralism theories take the same role as Calhoun and von Seydel’s ideas with respect to federal theory. ...read more ›

Nicola Lupo
The Advantage Of Having The “First Word” In The Composite European Constitution

The article deals with the role that courts, in particular Constitutional Courts, play in the enforcement of the composite European Constitution, in relation to other actors, ordinary judges and legislators, ...read more ›

Davide Paris
Limiting the 'Counter-Limits'. National Constitutional Courts and the Scope of the Primacy of EU Law

This paper examines in a comparative perspective the jurisprudence of several EU Member States’ constitutional courts concerning the limits of the primacy of EU law. It aims to demonstrate that ...read more ›

Alessia-Ottavia Cozzi
The Implicit Cooperation Between The Strasbourg Court And Constitutional Courts: A Silent Unity?

The paper discusses the how Italian Constitutional Court (ItCC) considers the case law of the European Court on Human Rights (ECtHR) by focusing specifically on the parameters for constitutional adjudication. ...read more ›

Sarah Verstraelen
Protection Of Eu Law In Case Of Legislative Omissions: How Constitutional Courts React

When a Constitutional Court declares a gap in legislation to be unconstitutional because certain categories are not included, immediately the question rises how redress can be offered to the excluded ...read more ›

Kyriaki Pavlidou
Social Rights In The Greek Austerity Crisis: Reframing Constitutional Pluralism

This article examines social rights case-law by the highest European and Greek courts, as well as, Greek lower courts. The focus is placed on the measure of labour reserve, upon ...read more ›

Leonardo Pierdominici
The Jurisprudence Of The Crisis: The Uncertain Place Of European Law Between Pluralism And Unity

The economic and financial crisis of the last years has been addressed through a wide plethora of powerful supranational legal instruments of ambiguous nature, such as the EFSF, the EFSM, ...read more ›

Cristina Fasone
Do Constitutional Courts Care About Parliaments In The Euro-Crisis? On The Precedence Of The “Constitutional Identity Review”

The article assesses how and to what extent Constitutional Courts dealing with Euro-crisis measures protect or limit parliamentary powers through their case law. The article argues that constitutional case law ...read more ›

Andrea Edenharter
Fundamental Rights Protection In The Eu: The Ecj’s Difficult Mission To Strike A Balance Between Uniformity And Diversity

Over the past few years, the Court of Justice of the European Union (ECJ) case law on fundamental rights protection has become increasingly differentiated, as the Luxemburg court often claims ...read more ›

Giovanni Zaccaroni
The Good, The Bad, And The Ugly: National Constitutional Judges And The Eu Constitutional Identity

This article offers an analysis of three judgements concerning the relationship between the Court of Justice of the EU and three EU national Constitutional Courts. The judgments, from the Danish ...read more ›

Carlo Tovo
Constitutionalising The European Court Of Justice? The Role Of Structural And Procedural Reforms

In the last five years, the Court of Justice of the European Union has undergone major developments, both in procedural and structural terms. This article seeks to demonstrate that the ...read more ›

Gábor Halmai
Conclusive Remarks

According to the European discourse about primacy of EU law and pluralism, the concept of national constitutional identity in Article 4(2) TEU means that the member states can define its ...read more ›

Giuliano Amato, Marta Cartabia, Daria de Pretis, Silvana Sciarra
Constitutional Adjudication Within A European Composite Constitution – A View From The Bench

What role did international and European law play in your legal education? Is the impact on each judge’s legal education a meaningful variable in the Court’s position towards European and