De Minico, Giovanna, A Tale of Two States: Rule of Law in the Age of Terrorism (November 2, 2015). Available for download at SSRN: http://ssrn.com/abstract=2685142

“The European counter terrorism laws offer to the author the chance to deal with on one side the appropriate balance between the threat of terrorism and constitutional values; on the other side the exam of the main “laws of fear”. The survey reveals that the surveillance measures are able to pass the constitutionality test, since the parameters of precautionality and proportionality have not been taken into account. In the conclusion, the Author suggests a new model of international law of fear compatible with the rule of law.”