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

ccording to many scholars, the rejection of the Constitutional Treaty and the disappointment caused by the contents of the Lisbon Treaty –- defined by Somek (2007) as a mere post-Constitutional Treaty – mark the failure of any possible constitutional ambition for the European Union (EU). This book aims at challenging this point both from a theoretical point of view – by describing the EU as an example of “evolutionary constitutionalism” – and a pragmatic one (i.e., looking at the functioning of concrete constitutional experiences). My idea is that the latest attempts at amending the EU treaties – the period of the “Conventions” – can be traced back to the genus of mega-constitutional politics and starting from this parallelism I argue that the so-called constitutional “failure” of the EU is actually a confirmation of the current constitutional nature of the EU rather than the proof of the impossibility of transplanting the constitutional discourse to the EU level.

G.Martinico-R.Castaldi (eds.), Rethinking (EU) citizenship, Perspectives on Federalism, Special Issue, Vol. 3, Issue 2, 2011

http://www.on-federalism.eu/index.php

This special issue of Perspectives on Federalism offers a multidisciplinary collection of pieces dealing with some (selected) issues in the field of citizenship studies.
In order to investigate how citizenship has been reconceived over the years, we decided to propose a multidisciplinary itinerary where scholars interested in political and legal theory, EU, international and constitutional law produced a contribution to defining the new boundaries of this concept.

G.Martinico, L'integrazione silente. La funzione interpretativa della Corte di giustizia e il diritto costituzionale europeo

This book aimed at describing the silent process of constitutionalization that still underpins the activity of the ECJ, and at analysing its effects. To this aim, the volume focused on the rationalizing mission that the Court has undertaken. The work is divided into seven chapters and represented the outcome of a long research period and last year, Advocate General Colomer made a reference to its pages in his conclusions on the case C-205/08, when recalling how the use of the preliminary reference “shaped the Union’s legal system”. This book has been reviewed in many national and international legal journals (Common Market Law Review, Rivista Trimestrale di diritto pubblico, Diritto pubblico comparato ed europeo, Civitas Europa, European Journal of Law Reform).

F.Fontanelli-G.Martinico (eds.), The ECJ Under Siege: New Constitutional Challenges for the ECJ

This book focuses on four challenges faced by the European Court of Justice: the Reform Treaty, the enlargement, the relationship with other courts and the recent threat to security represented by the rise of the international criminal network.

G.Martinico-O.Pollicino (eds.), The National Judicial Treatment of the ECHR and EU Laws. A Comparative Constitutional Perspective

http://www.europalawpublishing.com/EN/webshop/european-law/0/2/8337

The book collects the proceedings of an international conference at the Scuola Superiore Sant’Anna of Pisa (16-17 January 2010). Do national judges start treating the provisions of the European Convention on Human Rights the same way they treat the EC law’s norms? In order to answer this question the editors (Giuseppe Martinico and Oreste Pollicino) involved scholars from the countries that are members both of the EU and the Council of Europe

Filippo Fontanelli, Giuseppe Martinico & Paolo Carrozza (eds.) Shaping Rule of Law Through Dialogue; International and Supranational Experiences

http://www.europalawpublishing.com/div/0579.htm

The process of fragmentation of the international legal order and the absence of constitutional devices governing the connections between the various legal regimes can be reduced to a rational picture only through the activity of the judges. Against this background, the judges play a crucial role in creating connections between legal regimes and proceedings. The metaphor of dialogue has been vastly used by the literature and this concept was variously understood in different meanings: vehicle for transplants, informal way of communication between judicial and political bodies, new paradigm of judicial relations between actors not belonging to the same legal order. Starting from this assumption we attempted to put together scholars belonging to different fields of research (Constitutional Law, EU Law, WTO Law, Public International Law, Jurisprudence) in order to carry out a comprehensive appraisal of this phenomenon, and to provide a wide picture of the latest development of the role of the judges in the international legal order