The Transformation of European Law: The Reformed Concept and its Quest for Comparison
DOI:
https://doi.org/10.18042/cepc/rdce.54.01Keywords:
European law, European comparative law, European integration, European legal space, transformation of Europe, Court of Justice of the European Union, European Court of Human Rights, Italian Constitutional Court.Abstract
The article investigates competing understandings of European law. It supports a broad concept, embracing EU law, supplementing international instruments, the European Convention on Human Rights, various domestic laws enacting or responding to such transnational law, as well as European comparative law. Whereas so far the idea bringing these different regimes together has been to advance European integration, the article suggests that the idea to provide for a European legal space is more helpful today. So conceived European law identifies the puzzling complex of interdependent legal orders, frames corresponding theoretical as well as doctrinal reconstructions, and allows forces with diverging outlooks to meet in one legal field, on one more neutral disciplinary platform. Within this framework, European comparative law finds a new mission as well as a sound legal basis.
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