Abstract: Reawakened from its decades-long slumber during the Cold War, the UN Security Council has become more active than ever before.  Increased UN activity, however, has not always spelled increased accountability.  The problem is particularly acute with regard to the UN Security...

Abstract: Cultural Diversity is an important political and legal topos in the European Union. At the same time, the concern for cultural diversity gives reason for grave reservations towards the Union. This article intends to assist, on the basis of international law, in distinguishing...

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: 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: The primary aim of this paper is to point to the need for a European debate on the tension between the fundamental right to freedom of expression and the fundamental right to property in European software regulation. The analysis reveals that the analogous application of existing...

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: The issue of DNA database legislation is one of the most delicate challenges of legislative harmonization at the European level. The balance between the right to privacy, and the right to security and to fair trial is hard to be achieved and it depends a lot from the cultural,...

Abstract: This article is about the state of social rights in the European Union, in comparison with their protection at national level. The first part aims to define the term of social citizenship as it is understood in European legal culture. The second part examines the recent evolution of...

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: This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) - to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime.  The ECJ in Kadi annulled the EC’s...