When Judges Face God: A Comparative Analysis of Adjudications of Asylum Claims Based on Sur Place Religious Conversions in Italy and Germany

Despite progress toward establishing a “Common European Asylum System”, challenges persist in achieving a uniform understanding and interpretation of asylum standards across and within Europe. This article addresses practical challenges in the adjudication of asylum claims based on religious conversions that occur after leaving the country of origin, known as “sur place ...
Paola Pannia, University of Milan

The Sikh Symbols in the Supranational Jurisdictions

This paper analyses the case study of Sikh religious symbols in three different jurisdictions (UNHR Committee, ECtHR and CJEU) to grasp similarities and differences on their approach. The analysis tries to verify to what extent the individual and the collective dimension of freedom of religion of non-traditional religious minorities is protected and how far the doctrine of the margin of ...
Cristiana Cianitto , University of Milan

Minarets and Mandates: Voices of Faith in a Free State: Tunisia's Path to Democratic Islam

This article examines the role of divine religious law in constitutionalism by focusing on Tunisia as a key controversial case studies after the failure of the Arab Spring in the Middle East. Tunisia is an example of the so-called “Islamic constitutionalism” and an example of a more liberal (secular) variety. Tunisia case study is analyzed against the backdrop of the constitutional ...
Mohamed 'Arafa, Alexandria University Faculty of Law & Cornell Law School

EU Asylum Law and Disaster Displacement: The Tribunal of Milan's Evolutive Yet Shaky Interpretation of Serious Harm

A recent decree issued by the Italian Tribunal of Milan recognizes subsidiary protection in the context of disaster displacement. Severe human rights violations caused by extreme weather events in combination with the country of origin’s failure to prevent and protect against disasters have been considered as reaching the threshold of serious harm required by the EU Qualification Directive. ...
Chiara Scissa, University of Bologna – Alma Mater Studiorum

Judgment No. 181/2024 of the Italian Constitutional Court: Harmonies and Dissonances in the Constitutional Jurisprudence on Double Preliminarity: Searching for the Right “Tone”

Judgment No. 181/2024 of the Italian Constitutional Court (“ItCC”) has rekindled the debate on dual preliminarity, addressing the dynamic between EU law’s system of decentralized adjudication and Italy’s centralized constitutional review of laws. The judgment appears to incentivize recourse to the centralized system of adjudication, to the detriment of EU law, by allowing ...
Giuseppe Fransoni, Luiss Guido Carli University

Judgment No. 181/2024 of the Italian Constitutional Court: The Beginning of a New Trend on Dual Preliminarity Case Law?

This article analyzes the Italian Constitutional Court’s Judgment No. 181 of 2024, asking whether it may mark a new turning point in constitutional case law on dual preliminarity. The obiter contained in Judgment No. 269 of 2017 has been “tempered” and clarified by subsequent rulings, but these have left a number of open questions. After analyzing the facts and the judgment, we ...
Silvia Filippi, Department of Law, University of Perugia, Perugia, Italy

Francesco Biagi, Constitution-Building After the Arab Spring: A Comparative Perspective, Cambridge University Press, Cambridge, 2025, pp. 326

Daniele Gallo, Direct Effect in EU Law, Oxford University Press, Oxford, 2025, pp. 358

Giuseppe Pascale, Il mutamento delle circostanze nel diritto dei trattati, Edizioni Scientifiche Italiane, Napoli, 2024, pp. 427