Consulta OnLine (periodico online)
ISSN 1971-9892
2016/III
settembre– dicembre
PARTE I
STUDI
SILVIA ROMBOLI
La
nuova stagione dei controlimiti: il caso Taricco all’esame della Corte
costituzionale
(23.12.16)
Abstract
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.).
HENRI SCHMIT
(12.12.16)
Abstract
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.
ANTONIO RUGGERI
Prime
note per uno studio su crisi della sovranità e crisi della rappresentanza
politica
(10.12.16)
Abstract
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.
MARTA MANGANARO
(05.12.16)
Abstract
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.
UGO ADAMO
(28.11.16)
Abstract
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.)
GIORGIO GRASSO
Autonomia
universitaria, senza responsabilità? Spunti dall’esperienza costituzionale italiana
(14.11.16)
Abstract
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.).
ANTONIO RUGGERI
Il
futuro dei diritti fondamentali e dell’Europa
(03.11.16)
Abstract
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.
ANTONIO RUGGERI
Dignità
dell’uomo, diritto alla riservatezza, strumenti di tutela (prime notazioni)
(21.10.16)
Abstract
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.
ANTONIO RUGGERI
(05.10.16)
Abstract
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.
PAOLO PASSAGLIA
(28.09.16)
Abstract
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.)
Consulta OnLine (periodico online) ISSN 1971-9892