Consulta OnLine (periodico online)
ISSN 1971-9892
2016/I
gennaio – aprile
PARTE I
STUDI
DANILO
DIACO
(26.04.16)
Abstract
The contribution examines the question of the temporal
modulation of the effects of the decisions of the Italian Constitutional Court
in the light of the most recent judgments, highlighting the critical issues and
taking into account the doctrinal contrasts. The study
stresses that the novelties must be judged as a whole, as they may be
preferable to other theoretically impervious and impeccable situations, but
capable of determining a situation potentially even more harmful to the
constitutional order.
SIMONE
SCAGLIARINI
La privacy al tempo dell’état d’urgence: il Conseil
constitutionnel sentenzia correttamente
(18.04.16)
Abstract
Privacy in times of emergency: the French
Conseil Constitutionnel takes an appropriate
decision.
The present contribution analyses the decision
of the French Conseil Constitutionnel no. 2016-536
QPC on law no. 55-385, as amended by law no. 2015-1501. The mentioned
legislation, due to the terrorist attacks perpetrated in Paris in November
2015, extends the duration of the state of emergency and widens the powers –
especially those of the police – that can be resorted to during these
circumstances. In particular, the commented decision deals with the challenging
balance between privacy and national security.
ILARIA
RIVERA
(12.04.16)
Abstract
Analyzing the relationship between the principle of personal self-determination
and gender identity / diversity, the author comments the decision no. 221 of
2015 of the Constitutional Court. In this case the Court had to decide about
constitutional legitimacy of the rule (article 1 of the law no. 164 of 1982)
related to the possibility of rectifying the attribution of sex only following
the modification of the sexual characteristics of a person.
ANTONIA
ABBATIELLO
(21.03.16)
Abstract
The author analyzes
some profiles of constitutional legitimacy of the electoral law of the Chamber
of Deputies (law no. 52 of 2015), recalling the previous decision of the
Constitutional Court (judgment no. 1 of 2014), which had declared
unconstitutional a part of the previous electoral law.
RICCARDO
GUASTINI
I limiti intrinseci alla revisione
costituzionale nella giurisprudenza colombiana
(16.03.16)
Abstract
Intrinsic limits to constitutional amendment in
Colombian case law
The present contribution takes into
consideration implicit limits to constitutional amendment, comparing the
Italian system and the Colombian one, with specific attention for
constitutional case law of both countries. The issues emerging from
constitutional amendment are linked by the Author to the topic of “identity” of
constitution. According to the Author, such matter can be dealt with from two
different perspectives, i.e. that of political theory and that of legal theory
ANTONIO IGNAZIO ARENA
Brevi osservazioni sull’ammissibilità
del referendum “per fermare le trivelle”
(14.03.16)
Abstract
The
author analyzes the decision of the Constitutional
Court (no. 17 of 2016), which had declared admissible the proposal for a
referendum to repeal the rule that allowed the research and exploration of
liquid and gaseous hydrocarbons in the sea.
ENTELA CUKANI
La
costituzionalizzazione dei diritti fondamentali nell’Albania postcomunista
(23.02.16)
Abstract
The constitutionalisation
of fundamental rights in post-communist Albania
The article analyzes the
evolution of the protection of the fundamental rights in post-communist
Albania. Starting from the role of the ECHR in the internal constitutional
order, through the evolutions of the vertical and horizontal dialogue between
the courts, the analyzes deals with the right to life. The evolution of the protection of fundamental rights in countries that, like
Albania, are under EU conditionality, remains linked to the dynamics of the
internationalization of constitutional law and the constitutionalization
of international law in the wake of the so-called “supranationalism” or
“multilevel global constitutional system” (E.C.).
ANTONIO RUGGERI
(15.02.16)
Abstract
The author analyzes
the relationship between European Union law and national law, underling that a
«equal and joint “primacy”» of all the Charters is being affirmed, also allowed
by the dialogue between the Constitutional Courts and the European Courts
(Court of Justice of the European Union and European Court of Human Rights).
MARCO BASSINI
(12.02.16)
Abstract
After describing the relationship between the
Constitutional Court and the European Courts (Court of Justice of the European
Union and European Court of Human Rights), the author analyzes
the "Taricco" affair.
ROBERTO CONTI
L’uso fatto
della Carta dei diritti dell’Unione da parte della Corte di Cassazione
(26.01.16)
Abstract
The
use of the Charter of Fundamental Rights of the European Union by the Court of
Cassation:
The present contribution discusses the use of
the Charter of Fundamental Rights of the European Union made by the Italian
Court of Cassation, taking into account two main
stances. The first stance remarks that the Charter is irrelevant in those
territory where European Union law is not applicable. The second stance, instead,
highlights the role of the Charter even in non-EU territories, at least in to
reinforce or better explain some arguments.
LARA TRUCCO
L’uso
fatto della Carta dei diritti dell’Unione nella giurisprudenza costituzionale
(2000-2015)
(19.01.16)
Abstract
The use made of the EU Charter of Fundamental
Rights in constitutional jurisprudence (2000-2015)
The Author focuses on the
use of the EU Charter of Fundamental Rights in constitutional jurisprudence
from 2000 to 2015. In particular, the Article examines several decision-making
techniques adopted by the
Constitutional Court in this matter and the Charter collocation
in the framework of the European sources
of law (L.T.).
EDUARDO GIANFRANCESCO
L’autonomia di fronte a se stessa:
il caso degli statuti regionali ordinari
(14.01.16)
Abstract
Autonomy confronted
with itself: the cases of ordinary regional statutes
The present article
considers the constitutional standing of “second generation” statutes of
ordinary regions, i.e. those progressively adopted by Italian regions after
constitutional reforms of 1999 and 2001.
First of all, some procedural issues, connected
to art. 123 It. Const. and its ambiguous features, are analysed,
also with specific focus on the interpretation of the Italian Constitutional
Court.
Then, the article
examines contents determined by ordinary statutes. First, the form of
government, in which regard the author remarks lack of originality in the
interpretation of the relationship between regional Legislative and Executive
powers. Second, the author surveys programmatic provisions of statutes, where
non-productive approaches as well as potential upgrading of these normative
tools can be noticed.
In conclusion,
potential tools aimed at positively exploit the differences between Italian
Regions are briefly taken into consideration, even beyond the – not fully
satisfactory – experience with “second generation” statutes. In this regard,
potential implementation of art. 116.3 It. Const. is examined (E.G/C.G.).
PASQUALE COSTANZO,
L’uso fatto della Carta dei diritti dell’Unione nella
giurisprudenza della Corte EDU
(12.01.16)
Abstract
The use made of the EU
Charter of Rights in the jurisprudence of the EDU Court
The work analyzes the
circumstances and the reasons why the European Court of Human Rights made use
of the Charter of Fundamental Rights of the European Union in the various
phases of the existence of the Charter itself
MICHELE PAPPONE
La doctrine delle political questions nell’esperienza
statunitense
(08.01.16)
Abstract
The political question doctrine in the US
experience
Il presente lavoro analizza la doctrine
della political question
nell’ordinamento statunitense. Il contributo muove dalla considerazione per cui
questa doctrine va rapportata al principio di
separazione dei poteri e ripercorre la sua storia e applicazione nel corso del
tempo. L’autore prende in analisi diversi casi e, nell’ultima parte del lavoro,
discute anche i potenziali problemi che sorgono dalla political
question doctrine e i
possibili rimedi correlati.
PARTE II
LIBRI E RECENSIONI
LARA TRUCCO, Recensione
a Francesca Bailo,
Capacità elettorale e Costituzione,
Napoli, Jovene, 2015, p. 1-328 ISBN: 978-88-243-2394-9
(25.03.16)
Abstract
Review to Francesca Bailo
«Electoral capacity and Constitution», Naples, 2015.
Lara Trucco offers the
reader a complete view of Francesca Bailo's book
dedicated to questions concerning the institution of electoral capacity, with regard to both active and passive electoral rights, and
of the electoral legislation. In particular, the attention is focused on the
immediate repercussions that this topic has on the mechanisms of representation
and democracy of the legal system (L.T.).
Consulta OnLine (periodico online)
ISSN 1971-9892