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On de-formalisation in European politics and formalism in European jurisprudence in response to the social deficit of the European integration project. Reflections after the judgments of the ECJ in Viking and Laval
30/05/2008 -
Christian Joerges e Florian Rödl
Classificazione: Solidarity - Art. 28 Rights of workers, employers and their organisations: strike
Taking the cue from the Viking and Laval cases the Authors reconstruct the difficulties in filling the social deficit of the Union and the contradiction between policies promoted within the framework of the open method ...
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Social rights, Charter of fundamental rights and European integration
15/05/2008 -
Silvio Gambino
Classificazione: General theme
After and introductory reflection on the evolution of fundamental rights in modern and contemporary constitutionalism the Author analyzes the evolution of social rights The analysis concerns in particular the nature the binding juridical form and ...
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La qualité des décisions de justice au sens du Conseil de l’Europe
09/03/2008 -
Jean- Paul Jean
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal
The Author examines the qualitative characteristics of judicial decisions in the light of the Council of Europe s guidelines ...
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Art. 47 of the Charter of fundamental rights in the Community trial
28/02/2008 -
Marco Borraccetti
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal
The Author examines art of the European Charter of fundamental rights the main cases dealt by the Court of Justice and which changes in the Community judicial procedure could derive from the expected incorporation of ...
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Migrants’ right to health under the ECHR
28/02/2008 -
Federico Oliveri
Classificazione: Solidarity - Art. 35 Preventive health care
The ECHR includes an implicit right to health shown by its case-law on life protection art prohibition of torture art and forced labour art respect of private and family life art freedom of consciousness and ...
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The difficult art of legal transplant: the case of class actions
28/02/2008 -
Elisabetta Silvestri
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - General provisions - Art. 53 Level of protection
This comment studies the difficulties emerging from the transposition of juridical figures and experiences in different contexts with regard to the problem of class actions The Author examines American and Brazilian experiences and compares them ...
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The Charter of Nice today, between “jurisprudential clearance” and the Lisbon Treaty
27/02/2008 -
Oreste Pollicino e Vincenzo Sciarabba
Classificazione: General provisions - Art. 51 Scope
The comment reconstructs the process of anticipated application of the European Charter of fundamental rights by multilevel jurisprudence and examines the norms concerning the Lisbon Treaty ...
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The Schengen acquis and the position of United Kingdom according to the recent judgments of the Court of Justice
20/02/2008 -
Valentina Bazzocchi
Classificazione: General theme
The article indicates and analises two recent judgments pronounced by the Court of Justice regarding the participation of the United Kingdom in the adoption of measures developing the Schengen acquis ...
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Circulation of goods and Community Law
09/02/2008 -
Giuseppe Vettori
Classificazione: Freedoms - Art. 17 Right to property - General provisions - Art. 53 Level of protection
The comment reconstructs also in the light of the European Charter of fundamental rights and of the ECHR the influence of European law on the discipline of property and contract ...
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The long march of the European Union’s Charter of fundamental rights
06/02/2008 -
Giuseppe Vettori
Classificazione: General provisions - Art. 51 Scope - Art. 52 Scope of guaranteed rights
The Author reconstructs the jurisprudential and institutional dynamics which in these years have allowed the Charter of fundamental rights despite its uncertain juridical value to be a reference point for European politics and for the ...