Consulta OnLine (periodico online) ISSN 1971-9892
2016/I
gennaio-aprile
PARTE PRIMA
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".
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.
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.
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.
Consulta OnLine (periodico online) ISSN 1971-9892