Abstract: In Europe the public role of the religions appears to be directly proportional to the fall in trust in the procedural mechanisms at the basis of the liberal democracies. Compared to the strong identities attributed to the United States and to the Islamic world Europe is accused of...

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: 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: 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...

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: Despite the failure of the ambitious project of the European Constitutional Treaty, the new millennium has indeed heralded a new constitutional era for the European Union, focussed on the protection of fundamental rights. Since the approval of the Charter in December 2000, fundamental...

Abstract: The paper explores the impact of the great enlargement of Europe (European Union and Council of Europe) to the east on the judicial interaction between the EU, the ECHR and the Member States legal orders. In order to appraise the dynamic and prospective nature of the enlargement, in...

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...