Ius Publicum Europaeum: Divergent National Traditions or Common Legal Patrimony?

According to a widespread opinion, while private law is a transnational law, almost by definition, public law, particularly administrative law is a sort of national enclave. This article focuses on the existence of common roots in the field of public law. It argues that the importance of such common roots is strengthened by EU law, for its emphasis on common constitutional traditions. Both aspects are considered from a twofold perspective: the history of ideas and legal realities. The underlying assumption is that it is important to give a closer look to the intellectual sources of the approach criticized, but that its validity must be assessed mainly in the light of facts.