Filippo Fontanelli


I know it’s wrong but I just can’t do right. First impressions on judgment no. 238 of 2014 of the Italian Constitutional Court

By on Ottobre 28, 2014

On 22 October 2014, the Italian Constitutional Court (CC) delivered the judgment no. 238 of 2014. This ruling reignited the fire of Ferrini (a 2004 judgment of the Italian…


Siragusa and the eternal recurrence. Reviving old tests to apply the EU Charter of Fundamental Rights to national measures.

By on Maggio 26, 2014

On 6 March 2014, the Court delivered the order in the Siragusa case. This decision sheds new light on the old question of the application of the Charter…


Kadi II, or the happy ending of K’s trial – Court of Justice of the European Union, 18 July 2013

By on Luglio 29, 2013

On July 18, 2013, the Grand Chamber of the Court of Justice of the European Union (“the Court”) handed down the judgment in the so-called Kadi II dispute. With…


Anti-terror Database, the German Constitutional Court reaction to Åkerberg Fransson – From the spring/summer 2013 Solange collection: reverse consistent interpretation.

By on Maggio 3, 2013

In a previous post, I maintained that the judgment in the Åkerberg Fransson case did not extend the application of the EU Charter of Fundamental Rights beyond the familiar…


Fransson and the application of the EU Charter of Fundamental Rights to State measures – nothing new under the sun of Luxembourg

By on Marzo 1, 2013

In case C-617/10 Fransson, the elusive matter of the application of the Charter to national measures came to the forefront once more (see this previous post that touched on…


The UK Supreme Court ruling on privacy, proportionality and scalpers’ right to anonymity.

By on Dicembre 14, 2012

Tickets for major sport events are scarce and sought-after. Scarcity and passion drive their price up, at least the price that someone is willing to pay in spite of…


State Immunity for International Crimes: the Cassazione’s Solitary Breakaway Has Come to an End (judgment 32139/2012).

By on Ottobre 11, 2012

In August, the First Criminal section of the Cassazione, the Italian Supreme Court (ISC), annulled (without re-trial) a decision of 2011, whereby the Military Court of Appeal had condemned…


Of shrimps and planes or how the CJEU justifies unilateral environmental measures with extra-territorial effects.

By on Aprile 30, 2012

On December 21, 2011, the Court of Justice of the European Union (the Court) handed down the preliminary ruling in case C-366/10, on the request of the High Court…

Corti e diritti diritto Metodo e storia

G.Martinico, Lo spirito polemico del diritto europeo Studio sulle ambizioni costituzionali dell’Unione, Aracne, Roma, 2011

By on Febbraio 23, 2012

Questo libro è il risultato di una serie di lezioni e conferenze tenute dall’Autore, attualmente García Pelayo Fellow presso il Centro de Estudios Politicos y Constitucionales (CEPC) di Madrid,…


Why arbitration is a form of international justice (and why it is desirable that off-side calls are not reviewed by ordinary judges)

By on Dicembre 20, 2011

Vox Populi, vox dei?
In the Great Hall of Justice, a large painting hangs over the entrance through which Judges of the International Court of Justice make their way to…