Massimo Fichera

University of Helsinki -Faculty of Law

Academy of Finland Research Fellow, Adjunct Professor in EU Law

Helsinki

Finland

SCHOLARLY PAPERS

12

DOWNLOADS
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Top 31,246

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1,410

CITATIONS

0

Ideas:
“  I am currently working on a project entitled "The Foundations of the European Union as a Polity". The project aims to assess the evolution of the European Union as a polity in the aftermath of the several crises that have affected its structure and functioning (financial and economic crisis, refugee crisis, rule of law crisis, Brexit etc.). Is it still acceptable to define the EU as a polity and can we still employ the language of EU constitutionalism? I am currently completing a monographs and several articles will be published as part of this general inquiry.  ”

Scholarly Papers (12)

1.

Mutual Trust in European Criminal Law

U. of Edinburgh School of Law Working Paper No. 2009/10
Number of pages: 25 Posted: 01 Apr 2009
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 359 (80,686)

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EU criminal law, mutual trust, mutual recognition

2.

Schmitt and the New World Order: A View from Europe

Helsinki Legal Studies Research Paper No. 26
Number of pages: 29 Posted: 24 Jun 2013 Last Revised: 17 Sep 2013
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 245 (122,006)

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Carl Schmitt, Europe, empire, threat, security, identity

Criminal Law Beyond the State: The European Model

Helsinki Legal Studies Research Paper No. 4
Number of pages: 20 Posted: 22 Apr 2011 Last Revised: 09 May 2011
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 218 (136,553)

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EU law, criminal law, legitimacy

Criminal Law Beyond the State: The European Model

European Law Journal, Vol. 19, Issue 2, pp. 174-200, 2013
Number of pages: 27 Posted: 26 Feb 2013
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 2 (650,901)
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4.

All You Need is Law: Italian Courts Break New Ground in the Treatment of Same-Sex Marriage

Helsinki Legal Studies Research Paper No. 22
Number of pages: 9 Posted: 29 Oct 2012 Last Revised: 01 Dec 2012
Massimo Fichera and Helen E. Hartnell
University of Helsinki -Faculty of Law and Golden Gate University School of Law
Downloads 141 (201,092)

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5.

Security Issues as Existential Threat to the Community

Helsinki Legal Studies Research Paper No. 18
Number of pages: 20 Posted: 07 Mar 2012 Last Revised: 10 Mar 2012
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 133 (210,751)

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6.

Discursive Constituent Power and European Integration

Helsinki Legal Studies Research Paper No. 47
Number of pages: 26 Posted: 07 Aug 2017 Last Revised: 19 Sep 2017
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 94 (270,187)

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constituent power, EU integration, people, sovereignty, discourse

7.

Law, Community and Ultima Ratio in Transnational Law

Oñati Socio-Legal Series, Vol. 3, No. 1, 2013
Number of pages: 19 Posted: 18 Feb 2013
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 92 (273,901)

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Transnational law, market, democracy, community, soft law, legitimacy, Derecho transnacional, mercado, democracia, comunidad, leyes blandas, legitimidad

8.

‘Ye Shall Know Them by Their Fruits’ Same-Sex Marriage and the Role of Transnational Law: Changes in the European Landscape

Final version in German Law Journal, Forthcoming, Helsinki Legal Studies Research Paper No. 39
Number of pages: 33 Posted: 30 Sep 2015 Last Revised: 21 Nov 2015
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 69 (324,699)

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transnational law, same-sex marriage, liberalism, law and society, constitutional change

9.

Sketches of a Theory of Europe as an Area of Freedom, Security and Justice

M. Fletcher, E. Herlin-Karnell, C. Matera (eds.), The European Union as an Area of Freedom, Security and Justice (Routledge 2016)
Number of pages: 32 Posted: 19 Mar 2016
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 50 (379,721)

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Area of Freedom, Security and Justice, Space, Discourse, Universality

10.

The European Arrest Warrant and the Sovereign State: A Marriage of Convenience?

European Law Journal, Vol. 15, Issue 1, pp. 70-97, January 2009
Number of pages: 28 Posted: 01 Jan 2009
Massimo Fichera
University of Helsinki -Faculty of Law
Downloads 6 (591,630)
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11.

The Dialectics Between Constitutional Identity and Common Constitutional Traditions. Which Language for Cooperative Constitutionalism in Europe?

German Law Journal, 2019, Forthcoming
Number of pages: 29 Posted: 10 May 2019
Oreste Pollicino and Massimo Fichera
Bocconi University - Department of Law and University of Helsinki -Faculty of Law
Downloads 1 (633,052)

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12.

The Margin of Appreciation Test and Balancing in the Area of Freedom Security and Justice: A Proportionate Answer for a Europe of Rights?

European Public Law, Forthcoming
Posted: 09 Jan 2013
Massimo Fichera and Ester Herlin-Karnell
University of Helsinki -Faculty of Law and Uppsala University

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freedom, security and justice, human rights, margin of appreciation, proportionality, Court of Justice of the European Union