The new season of the “controlimiti”: the Taricco case examined by the Constitutional Court
The application of the «controlimiti» by the judges (constitutional and non-constitutional) constitutes a clear brake on the transfer of sovereignty with respect to supranational law. The article analyses, first of all, some significant moments in which the Italian judges and some foreign judges decided to use this instrument or not. Subsequently, the paper reflects on the first effects of the Judgment of the Court of Justice of the European Union on the «Taricco» case (8th September 2015) in the Italian legal system (S.R.).
The next electoral laws
The author reflects on the possible types of electoral regulations to be enacted in Italy after the Constitutional Court’s decision on the so-called Italicum electoral law, also in the light of the outcome of the constitutional referendum of 4 December 2016.
First comments with reference to the crisis of sovereignty and of political representation
The article includes some reflections on the crisis of sovereignty and political representation. After a brief analysis on the different ways to conceive “sovereignty” in the current days, the author focuses on the concept “representativeness” in a contest of “fragmented” sovereignty. In this regard, the final paragraph offers some preliminary answers in the light of the main Constitutional provisions.
The work presents an overview of the evolution of the differentiated Italian regionalism taking into account the constitutional revision of 2001 and the new model outlined by the Renzi-Boschi constitutional bill. The process is then compared with the one characterizing the autonomic system in Spain, in order to highlight the existing points of contact and differences.
Some critical remarks about the perspectives de jure condendo in the Italian legislation on the subject of «anticipated directives» for treatment
The aim of this article is to analyzes the various legislative proposals on living will currently under discussion in the Italian Parliament. In the first part, the author debate on the semantics of the expression ‘anticipate directive’; in the second, the work focus on the doctrinal elaborations about the end-of-life process and criticize the recent legislative proposals on this topic (U.A.)
This article, discussed in an international congress at the University of Mendoza, in Argentina, in August 2016, examines the links between university autonomy, responsibility and the freedoms of teaching and research in the light of the provisions of the Italian Constitution and of the Law no. 240/2010 (G.G.).
The paper focuses attention on fundamental rights and on the dialogue in that connection among the Courts, dwelling on divergences and convergences of the jurisprudential approaches of the European Courts and of the Italian Constitutional Court.
The article examines the content and the limits of the right to privacy, paying special attention to the fields in which there are the greatest tensions between this right and other constitutionally protected legal positions.
The article analyses the relationship between jurisdiction and rights in the light of the decisional techniques, focusing above all on the importance of comparison and openness to international law in the solution of issues concerning fundamental rights. Particular attention is also paid to the question of loyal cooperation between the legislator and the judges in safeguarding fundamental rights.
Privacy and new technologies, a difficult relationship. The emblematic case of social media, between general rules and the search for specificity in the Edu Court and the common judges in the perspective of the recent constitutional jurisprudence
New technologies have a deep impact on the right to privacy. The author analyzes the most relevant issues so as to show how the right to be let alone and the data protection can be endangered by new technologies, and the Internet in particular. The article then focuses on social media and criticizes, in this regard, some aspects of the new European regulation concerning data protection (P.P.)