Within the institutional framework of the European Union the relationship between the national legal systems and Union law is a very complex topic. The supremacy of Union law, as it was developed by the European Court of Justice, could stand in conflict with Art 117 of the Italian constitution, which regulates the legislative power of the state and the regions and includes the fundamental rights as central issue. The main players in this matter are the European Court of Justice, the European Court of Human rights and the national Constitutional Courts. On Tuesday, December 7, 2010, 06:30 pm at Juridicum – Dachgeschoss, Schottenbastei 10-16, 1010 Vienna, Professor Dr. Onofrio Troiano (Facoltà di Giurisprudenza dell’Università degli Studi di Foggia, Italy) will discuss the relationship between those key players using the example of Italy. (more…)
European Fundamental Rights and the Italian Legal System
The long tail of the Comet: Ulpian’s theories on Illegality and the Modern Law
Two definitions of illegality have come down from Ulpian. Those two definitions were developed by the French ius commune into two theories of illegality. In the course of the Austrian and French codifications the differences between the two theories were, to a large extent, lost in the background. However, in the second half of the 19th century, they remerged due to developments in Swiss law and have since then given rise to the discussion about so-called “objective” and “subjective” illegality.
On November 18, 2010, 19:30 s.t. at Juridicum II – Hörsaal Schenkenstrasse Prof. Bénédict Wininger will outline – in a lecture in German – the historical and theoretical background of this debate and assess whether, 2000 years later, Ulipan was right with his two, apparently controversial, definitions after all.