The Jean Monnet Working Papers > 2008 Jean Monnet Papers


European Integration
- The New Italian Scholarship -

Professor J.H.H.Weiler

European Union Jean Monnet Chair

in cooperation with the


Professor Roberto Toniatti

Dipartimento di Scienze Giuridiche



European Legal Integration: The New Italian Scholarship


 This Working Paper is part of the ELINIS project: European Legal Integration: The New Italian Scholarship – Second Series. The project was launched in 2006 on the following premise. Even the most cursory examination of the major scientific literature in the field of European Integration, whether in English, French, German and even Spanish points to a dearth of references to Italian scholarship. In part the barrier is linguistic. If Italian scholars do not publish in English or French or German, they simply will not be read.  In part, it is because of a certain image of Italian scholarship which ascribes to it a rigidity in the articulation of research questions, methodology employed  and the presentation of research, a perception of rigidity which acts as an additional barrier even to those for whom Italian as such is not an obstacle. The ELINIS project, like its predecessor – the New German Scholarship (JMWP 3/2003) – is not simply about recent Italian research, though it is that too. It is also new in the substantive sense and helps  explode some of the old stereotypes and demonstrates the freshness, creativity and indispensability of Italian legal scholarship in the field of European integration, an indispensability already familiar to those working in, say, Public International law.

The ELINIS project challenged some of the traditional conventions of academic organization. There was a “Call for Papers” and a selection committee which put together the program based on the intrinsic interest of each proposed paper as well as the desire to achieve intellectual synergies across papers and a rich diversity of the overall set of contributions. Likewise, formal hierarchies were overlooked: You will find papers from scholars at very different stages of their academic career. Likewise, the contributions to ELINIS were not limited to scholars in the field of “European Law.” Such a restriction would impose a debilitating limitation. In Italy as elsewhere, the expanding reach of European legal integration has forced scholars from other legal disciplines such as labor law, or administrative law etc. to meet the normative challenge and “reprocess” both precepts of their discipline as well as European law itself. Put differently, the field of “European Law” can no longer be limited to scholars whose primary interest is in the Institutions and legal order of the European Union.

The Second Series followed the same procedures with noticeable success of which this Paper is an illustration.

ELINIS was the result of a particularly felicitous cooperation between the Faculty of Law at the University of Trento – already distinguished for its non-parochial approach to legal scholarship and education and the Jean Monnet Center at NYU. Many contributed to the successful completion of ELINIS. The geniality and patience of Professor Roberto Toniatti and Dr Marco Dani were, however, the leaven which made this intellectual dough rise.

The Jean Monnet Center at NYU is hoping to co-sponsor similar Symposia and would welcome suggestions from institutions or centers in other Member States. 

J.H.H. Weiler
Director, Jean Monnet Center for International and Regional Economic Law & Justice


Professor Roberto Toniatti
- Professor, Dipartimento di Scienze Giuridiche, Università degli Studi di Trento

Professor J.H.H. Weiler
- European Union Jean Monnet Chair, Director of the Jean Monnet Center for International and Regional Economic Law & Justice, NYU School of Law



  1. Giulio Itzcovich
    Fundamental Rights, Legal Disorder and Legitimacy: The Federfarma Case

  2. Davide Strazzari
    The New Functionalist Approach of the ECJ Towards the European Freedom of Movement and Residency: Some Lessons from a Constitutional Comparative Survey

  3. Oreste Pollicino
    New Emerging Judicial Dynamics of the Relationship Between National and the European Courts after the Enlargement of Europe

  4. Fabio Pantano and Riccardo Salomone
    Trade and Labour within the European Union Generalized System of Preferences

  5. Giuseppe Martinico
    A Matter of Coherence in the Multilevel Legal System: Are the “Lions” Still “Under the Throne”?

  6. Orsetta Giolo and Michele Pifferi
    Integration or Exclusion: Migrants in the European Union and United States An Historical-Philosophical Approach

  7. Alberto Alemanno
    The Shaping of European Risk Regulation by Community Courts

  8. Lucia Scaffardi
    Legal Protection and Ethical Management of Genetic Databases: Challenges of the European Process of Harmonization

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Last updated on December 27, 2008