Articles
European Legal Scholarship
The article deals with a topic recently examined by legal scholarship,especially in Germany: how can the aims and methods of a new Europeanlegal scholarship be defined? Such scholarship should embrace legal toolsfrom individual Member States, from their interrelationships and from theinteraction between Member States and the EU. In particular, the articlefocuses on three issues:
Reverse Solange – Protecting the essence of fundamental rights against EU Member States
This article presents an innovative approach to the protection of EUfundamental rights against Member States. It draws on recent studies whichhave shown that the fundamental rights situations in a number of MemberStates give increasing cause for concern, particularly with respect to mediafreedom. However, while the Union intensely scrutinizes the fundamentalrights situations in candidate countries,
Foreign Law in Constitutional Courts’ Decisions: A Comparison
The article investigates the structure of constitutional legal reasoningbased on foreign law in a comparative perspective. A selection of judgmentsfrom different supreme and constitutional courts are analyzed, to gain a morecomprehensive understanding of how judges use materials from foreign homologousjurisdictions. This study illustrates that two different models of legalreasoning based on foreign law are
Historical Studies
Administrative Law and Gian Domenico Romagnosi, 250 Years After His Birth
Despite his changing fortune among legal scholars, Romagnosi may stillrepresent today, in the words of M.S. Giannini in 1940, “a starting point fornew research”. This essay aims to analyze the parts and elements of Romagnosi’swork that are most important for current development of administrativelaw. By analyzing certain aspects of his work – both as
Notes
Administrative Law and Private Law: New Trends of An Old Issue
The article deals with the increasing application of private law to administrativeaction. It stresses some cases where administrative decisions arereplaced by contracts, agreements, or private unilateral acts; and highlightsthat general legal principles stemming from private law roots, such as goodfaith and fairness, are acquiring a primary role in administrative law. Theconclusion emphasizes that private
Review
Controlling the Regulatory Impact Analysis: Oversight Bodies
The aim of this study is to examine the new institutional bodies establishedin OECD Member States in the last four decades for the oversight of theeffectiveness and efficiency of better tools for regulation such as the RegulatoryImpact Assessment (RIA): the Regulatory oversight bodies (ROBs). Evenif these bodies feature several differences, because they were established