Issue no. 4 - 2017 October / December


«The Cosmopolitan Constitution», by Alexander Somek

Marco Dani, Marco Goldoni, Andrea Guazzarotti, Giulio Itzcovich and Alexander Somek discuss the book entitled «The Cosmopolitan Constitution», by Alexander Somek. The scholars address the most significant issues raised in this important work, under various different points of view.


The «Constitutional Traditions Common to the Member States» of the European Union

The clause on common constitutional traditions belongs both to the world of the «law in books» and to the space of the «law in action». This terminology — «constitutional traditions common to the Member States» — has been frequently used by the Court of Justice of the European Union, to refer not only to constitutional

The «Constitutional Traditions Common to the Member States» in the Case Law of the Court of Justice of the European Union: Judicial Dialogue at its Finest

The references to the «constitutional traditions common to the Member States» (CCTs) in Article 6(3) TEU and in the Preamble and Article 52 of the Charter of Fundamental Rights of the European Union originate in the case law of the Court of Justice of the European Union. Examining almost five decades of case law on

Common Constitutional Traditions and National Identity

Several fundamental questions should be addressed when studying the relationship between the common constitutional traditions of Member States (CCTs) and national identities (NIS). First, the legal basis justifying the protec- tion of NIs against CCTs: this is not necessarily Article 4(2) TEU, which refers more to the constitutional structure of the State rather than to

Common Constitutional Values and the Rule of Law: an Overview from the EU Perspective

The rule of law is one of the values that is common to all Member States. Indeed, it could be intended as a source of principles that the Court of Justice of the European Union has identified as general principles stemming from the constitutional traditions common to the Member States. Despite its origin, in recent

The Transformations of Comparative Administrative Law

Notwithstanding the recent success of cognate disciplines, such as European Administrative Law and Global Administrative Law, the room for Comparative Administrative Law remains ample. A deep-reaching methodo- logical renewal, however, is currently taking place and should be further advanced. A mere description of the differences between domestic jurisdic- tions is no longer sufficient, and the

About Proportionality as a Legal Criterion

The complexity of the positions of the subjects of administrative measures adopted and, more generally, of the plurality of individuals who may feel impaired by such measures in various ways, makes it necessary to define criteria for the combination of the many rights, interests and values involved in an administrative procedure. The principle of proportionality,

Constitutional tort and State Liability: Towards an Objective System?

In the absence of specific provisions in this regard, Italian civil and administrative law courts continue to deny the legislator s liability for the enactment of unconstitutional laws. This approach, however, besides being widely criticized by many legal scholars, is no longer justifiable in the light of the CJEU s case law on the liability

Historical Studies

The Conception of the State in «Quaderni del carcere» by Antonio Gramsci

Eighty years after his death, this article analyses the conception of the State in Antonio Gramsci s renowned work — «Quaderni del Carcere» (1929-1935) — by considering the crisis of the modern state, which is inter- preted as the main problem created by World War II, and then examining the conception of the state and


Social Goals via Public Contracts in the EU: a New Deal?

The use of the public procurement market as a means for obtaining wider community benefits is quite common in the European and national frameworks. The European directives on public procurement not only confirm, but even strengthen, such a integrated approach. The main novelty introduced by the directives lies undoubtedly in the the key role assigned

2016 European Chronicles

The 2016 European Chronicles open with a short summary of the major political, economic and institutional events of the year, such as the British referendum on whether to exit the European Union (Brexit) and the Brati- slava meeting. They then analyse the main developments of the European integration process. Such developments are examined through the

Book Review

Paolo VERONESI, Colpe di Stato. I crimini di guerra e contro l’umanità davanti alla Corte costituzionale, Milano, Franco Angeli, 2017, 275 p., ISBN: 9788891753069 (recensione di Gaetano Silvestri).

David GRAEBER, Burocrazia. Perchè le regole ci perseguono e perchè ci rendono felici, Roma, il Saggiatore, La Cultura n. 984, 2016, 217 p., ISBN: 9788842819578 (recensione di Aldo Sandulli).

Alfredo MOLITERNI, Amministrazione consensuale e diritto privato, Napoli, Jovene, 2016, 493 p., ISBN: 9788824324328 (recensione di Giulio Napolitano).

Annalisa GUALDANI, Verso una nuova unitarietà della revoca e dell’annullamento d’ufficio, Torino, Giappichelli, 2016, 226 p., ISBN: 9788892106024 (recensione di Aldo Sandulli).

Bruno CAROTTI, Il sistema di governo di Internet, Milano, Giuffrè, 2016, 336 p., ISBN: 9788814214202 (recensione di Edoardo Chiti).

Note bibliografiche
A cura di Bruno Carotti, Rita Perez, Giuseppe Sciascia, Giulio Vesperini.

Book Reviews
GAETANO SILVESTRI: Paolo Veronesi on State faults. War Crimes and Crimes Against Humanity Before of the Constitutional Court
ALDO SANDULLI: David Graeber on Bureaucracy. Why rules persecute us and why they make us happy
GIULIO NAPOLITANO: Alfredo Moliterni on Consensual Administration and Private Law
ALDO SANDULLI: Annalisa Gualdani on Towards a New Unitarity of Revocation and Annulment
EDOARDO CHITI: Bruno Carotti on The Governance of Internet

Brief reviews by Bruno Carotti, Rita Perez, Giuseppe Sciascia, Giulio Vesperini

News and Recent Events

The Fourth ICON-S Conference: «Courts, Power, Public Law» (Elisabetta Tati)
The rule of law and the «new» regulator state: an Australian lecture (Giulia Passino)