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AUTHOR
P De Sena
The European Courts and the Security Council: Between Dédoublement Fonctionnel and Balancing of Values: a Rejoinder to Grainne de Burca, André Nollkaemper and Iris Canor
* Professor of International Law, University of Naples ‘ Federico II ’ . Email: padesena@tin.it ; Associate Professor of International Law, University of Palermo. Email: chiara.vitucci@unipa.it 1 Nollkaemper, ‘ The European Courts and the Security Council: Between Dedoublement Fonctionnel and Balancing of Values: A Reply to De Sena and Vitucci ’ , 20 EJIL (2009) 862. Andre Nollkaemper, Grainne de Burca and Iris Canor have made a number of critical observations which are – in part at least – interesting and useful. A full examination of them would probably demand more time and more space than we have been given here. Nevertheless, we will try to reply to some of their remarks and to clear up…
Il governo tecnocratico della moneta e i crocevia del processo di integrazione europea. Riflessioni alla luce della sentenza Weiss
The well known judgment of the German Constitutional Court in the “Weiss” case has been widely criticized under EU law, mainly because of its being in contrast with a preliminary ruling rendered by the European Court of Justice in 2018. At variance with these criticisms, it is here submitted that such a judgment brings well into focus some institutional ambiguities of the Economic and Monetary Union (EMU); namely, the powers (more and more) exercised by the European Central Bank (ECB) in the field of macroeconomic regulation and control, in spite of (its) not being provided with political legitimacy. Seen in this perspective, the “Karlsruhe” judgment objectively looks as aimed at restoring …
A chi si rivolgono le norme di diritto internazionale?
In this chapter the traditional legal issues concerning the identification of the subjects of international law is examined according to an original perspective. First of all, the legal regimes of self-determination, minorities and national reconciliation processes are seen, as a whole; namely, as expressions of the increasing legal value of civil societies (peoples, groups) in international law. Second: the legal regime of State sovereignty is dealt with in this chapter, since sovereignty is considered as being the logical corollary of state international capacity. Third and most importantly: the legal position of individuals is not examined in general terms, but with specific regard to so…
Come e quando le norme internazionali operano negli ordinamenti statali
In this chapter the main issues concerning legal effects of international legal rules in domestic orders are examined in a systematic way. This investigation is underpinned by the following five pillars. First, the idea that States are not bound by international obligations in this respect. Second, that despite the persistent (albeit limited) importance of formal models of incorporation of international law into domestic law, a central role is played by domestic courts, with particular regard to the identification of self-"executing" rules. Third, that international legal rules may sometimes produce legal effects in domestic orders, even in the absence of a formal incorporation into domesti…
Introduction to "Human Rights & Security: Justifying Exceptions"
Since its introduction in the 1990s1, the concept of securitization has received widespread attention well beyond the field of international relations in the context of which it first appeared. The concept indicates the discursive process in which: (i) an agent claims (securitization move) the necessity to adopt exceptional measures which bring about serious violations of otherwise binding rules, in order to protect a certain value from a grave and extraordinary threat, with the scope of convincing a specific audience to accept those measures and the violations to follow; (ii) the move is successful and the audience effectively accepts the exceptional measures (securitization). One of the p…