Suchergebnisse

This article intends to examine the different legal and institutional factors that have contributed to the fluidity of the minority protection system in Trentino Alto Adige/South Tyrol, referring to the contribution of the EU, the Council of Europe and constitutional jurisprudence. To do so, it focuses on the main principles governing minority protection. To what extent have these factors succeeded in correcting the rigidities inherent in the Statute of Autonomy? The article analyses the evolution of the jurisprudence of the Court of Justice of the EU that has redefined some principles of the Statute of Autonomy, the contribution of the Council of Europe and the jurisprudence on census, quotas and membership of linguistic groups, the legal principles guiding the education system and, finally, the influence of the Italian constitutional jurisprudence on the concept of closed farmyard ('maso chiuso'/'Der geschlossene Hof'). In the conclusions, the article highlights how openness to the EU and the European context has contributed to the fluidity of the system and protected the prerogatives of new groups that are emerging alongside the three traditional language groups, such as bilingual people and new minorities (immigrants). These developments and the new needs of society must be taken into account in the reform of the new Statute as a new social pact.

This article attempts to highlight the difference between the form and the substance of the Gauweiler judgment on the OMT programme undertaken by the European Central Bank. While the case is based upon a formal interpretation, reference to the substantive concept of independence of central banks is analyzed only indirectly by the Court of Justice. The author tries to reconstruct the essence of the Court's reasoning by resorting to the doctrinal concept of central bank independence, the previous case law of the Court of Justice concerning central bank independence, the judgment of the German Constitutional Court, the Opinion of the Advocate General, and the case law of the US Supreme Court, for comparative purposes.

Case C-218/09 SGS Belgium NV v. Belgisch Interventieen Restitutiebureau and Others [2010] nyrArticle 5(3) of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Commission Regulation (EC) No 1384/95 of 19 June 1995, must be interpreted as meaning that damage to a consignment of beef in the conditions described by the national court does not constitute force majeure within the meaning of that provision (official headnote).

Il libro analizza il processo di creazione e l'evoluzione istituzionale della Banca Centrale Europea facendo una comparazione con l'esperienza storica del Federal Reserve System americano. Vengono così confrontate le ragioni che hanno portato alla creazione delle due banche centrali, le politiche economiche che ne hanno ispirato l'azione ed i problemi istituzionali legati alla gestione della politica monetaria in un'area politicamente non uniforme quale appunto l'attuale Unione Europea. ; Published version of EUI PhD thesis, 1998

This article examines the judicial review used by the CJEU in assessing the ECB's non-standard monetary policy measures and the dispute between the German Constitutional Court and the CJEU over the standard of review to be used. In addition, it discusses the possibility of a future clash between the two courts in the post Covid-19 era. It first analyses the type of judicial control carried out by the CJEU during the Euro crisis in the Gauweiler and Weiss cases. It then explores the reasons for criticism of the CJEU reasoning by the doctrine. During the pandemic period the ECB has taken unprecedented steps and increased its monetary policy instruments, such as the Pandemic Emergency Purchase Programme (PEPP). The potential confrontation between the GCC and the ECB over PEPP is, however, deemed limited. It concludes analysing the possibility to add a court-appointed expert to the CJEU's decision-making process. Indeed, the presence of an expert could improve judicial review and increase the depth of the judgments also against national courts that have asked for preliminary ruling. However, the independence of the ECB should not be affected.