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Work in progress

1. The Costa v ENEL Global Outreach Project

As the history of Costa v ENEL, regarded by many as ‘Europe’s Marbury v. Madison’, may be relevant also to other instances of inter-state integration within the framework of the rule of law, this project seeks to break the language barrier, thanks to a network of like-minded scholars.  These are the versions available to date:

  • European Journal of International Law, vol. 30 (2019), p. 1017–1037 (EN) (full text)
  • Revue Trimestrielle de Droit Européen, 3/2021, p. 589-611(FR)
  • Europarecht – EuR, 5/2021, p. 527-550 (DE)
  • Revista de Derecho Comunitario Europeo, vol. 70 (2021), p. 897-931  (ES)  (full text)
  • Revista Direito Público, vol. 98 (2021), p. 463-494 (BR)  (full text)
  • Europejski Przegląd Sądowy, 4/2021, p. 4-19 (PL)
  • Európai Jog, 3/2021  (HU)
  • AUB Drept, vol. 61 (2021), p. 11-37 (RO)
  • Kosei Torihiki, 7/2021, p. 67-74 (JP)

2. «La prima assise di una più vasta e più profonda comunità fra popoli»

This project draws upon the webinar L’attualità della CECA a settant’anni dal Trattato di Parigi, organized at the University of Naples Federico II on 12 May 2021 with the patronage of the Italian Society of European Union Scholars (AISDUE). It seeks to explore the current relevance of the certain features of the European Coal and Steel Community. This project gathers over 15 Italian-speaking academics and aims at the publication of an edited book (in Italian) by Editoriale Scientifica.

3. The ‘Unsung Heroes’ of Costa v ENEL: how four Italian lawyers paved the way to ‘supremacy by judicial fiat’

This project draws upon the eponymous webinar organized in the context of the “Court of Justice in the Archives” project, a common project between the Academy of European Law and the Historical Archives of the European Union (EUI). It focuses on the four Italian lawyers who paved the way for ‘Europe’s Marbury v Madison’: Gian Galeazzo Stendardi, the ‘obstinate professor’ who constructed and argued the case against ENEL; Flaminio Costa, the ‘perfect plaintiff’ for a lawsuit against ENEL, who also acted as his own lawyer; Antonio Carones, the ‘cautious’ justice of peace who referred the case to the Italian Constitutional Court; Vittorio Emanuele Fabbri, the ‘empowered’ justice of peace who referred the matter to the European Court of Justice.

4. Arturo Cottrau: the Neapolitan Lawyer who Saved Community Law from Itself

This project focuses on Arturo Cottrau, a Neapolitan lawyer who assisted several undertakings subject to the (in)famous ECSC ferrous scrap equalization system, between the mid-50s and the late 1970s. Notably, Cottrau represented Meroni before the Court of Justice, giving rise to a doctrine that is still relevant to present-day European integration and teaching a lesson or two in accountability and transparency to the ECSC High Authority. Cottrau also represented Acciaierie San Michele before the Italian Constitutional Court, planting the seeds of the ‘controlimiti‘ doctrine, which prompted the European Court of Justice to take fundamental rights seriously.