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Abstract: This paper explores how Italian labour lawyers, on the basis of different analytical perspectives, have approached the European integration process. Attention to the effectiveness of law, support for schools of legal pluralism, and the anchoring of legal discourse to the premises of...
Persistent link: https://www.econbiz.de/10008611132
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...
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Abstract: The paper looks into the slow and at times controversial process of ‘Europeanising’ the Italian legal system, in order to exemplify how adaptation to changes takes place within entire branches of the state administration. Three examples are selected, all within the domain of labour...
Persistent link: https://www.econbiz.de/10008611156
Abstract: Although not originally foreseen in the founding Treaty, today the most important and widespread form of EU regulation in the internal market is concerned with the government of risk. Indeed, similarly to what occurred in the United States in the 1960s and 1970s, the EU has in recent...
Persistent link: https://www.econbiz.de/10008611164
Abstract: The Lisbon Treaty marks the end, at least for the foreseeable future, of the project of a European Constitution. But does it also mean a rejection of the tradition of Western constitutionalism? The author addresses the question outlining, first, the main elements of the modern Western...
Persistent link: https://www.econbiz.de/10008611175
Abstract: On June 30, 2009, the German Constitutional Court declared the Lisbon Treaty to be compatible with the German constitution. The Lisbon decision marked the end of an intense constitutional battle. The following text illustrates how different views on and different understandings of...
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