Consulta
OnLine (periodico
online) ISSN 1971-9892
2017/III
settembre
– dicembre
PARTE
I
STUDI
LUCA
COSTANZO
La prescrizione giusta: nodi e
questioni del caso Taricco
(04.12.17)
Abstract
The right
prescription: nodes and questions of the Taricco case
The “Taricco saga” has
represented one of the most profitable jurisprudential dialogues which was
adjudicated both by the Italian Constitutional Court and the Court of Justice
of the European Union regarding the compatibility of the national regulation on
the prescription of crimes with the principles deriving from European law. To
this purpose, while recalling the judiciary path of the “Taricco case”, the
author intends to highlight the essential issues and the most interesting
profiles of the case, managing to collect and process certain critical
notations (D.B.)
ANTONIO
RUGGERI
L’indirizzo politico tra diritto
legislativo e diritto giurisprudenziale
(04.12.17)
Abstract
The political
direction between legislative law and jurisprudential law
This work examines the
crisis of sovereignty, politics and law: three different aspects of a unitary
phenomenon. The double twist of the constitutional model, due to the reversal
of the roles of the organs of political decisions and of the confusion with
those of the guarantee bodies, generates the imbalance of the relationships
between legislative and jurisprudential law. The “guidelines” of constitutional
revision and their unbalanced division between legislator and judges realize
the distortions, especially from the states of emergency, which assert
themselves in it, often putting fundamental rights in crisis and, consequently,
the Italian Constitution which in the recognition and protection of these finds
his specific reason for being (D.B.)
ANDREA
LOLLO
Blasfemia, libertà di espressione e
tutela del sentimento religioso
(30.11.17)
Abstract
Blasphemy, freedom of
expression and protection of religious sentiment
Almost three years
after the tragic events that hit the staff office of the satirical magazine
Charlie Hebdo, this work outlines a response to the growing demand for limits
to the freedom of expression of thought when it expresses a blasphemous thought
bearing an offensive potential of religious sentiment. The essay highlights the
italian paradox that the injury to the person is
punished by administrative means, while the injury to religion continues to be
criminally punished, since the secular State has renounced the pursuit of a
specific concept of "ethical life" without rethinking the crimes
against religion that characterized the confessional State that was (D.B.).
ALBERTO
RANDAZZO
(15.11.17)
Abstract
Concerning the fate of
the administrative judgment contrary to the rulings of the Court of Strasbourg
(minimum notes to sentiment n. 123 of 2017 of the Constitutional Court)
The author, dealing
with judgment no. 123/2017 of the Italian Constitutional Court, examines the issue of conflicts
between the rulings of the European Court of Human Rights and the decisions of
the administrative judge against which no further appeal can be lodged. This
constitutional judgment, rejecting the application, has given rise to a
stalemate that cannot be easily solved by the domestic judge. This work argues
in favour of the solution proposed by the Italian
Constitutional Court in its judgment no. 113/2013 in relation to conflicts
between a judgment of the European Court and the competent judge for criminal
proceedings.
ANTONIO RUGGERI
Il
principio di solidarietà alla prova del fenomeno migratorio
(30.10.17)
Abstract
The principle of
solidarity to the test of the migration phenomenon
This work argues that
social rights should be granted to every human being as a rule, with some
possible exceptions related to the specific factual background and peculiar
nature of some rights. The author examines the rights related to those fields
under the prospective of duties, with specific regard to the duties of
solidarity and fidelity to Republic. Finally, it is pointed out, with
particular regard to mass migration, the asymmetry between the constitutional
model and the attitude of national egoism. In connection to the latter, it is
pointed out that the highest form of solidarity is realized by granting to the migrantsthe possibility to keep their cultural identity
and, at the same time, by asking them to respect the identity of the place
where they decide to start a new life.
AGATINO CARIOLA
(2.10.17)
Abstract
The institutional transformations sixty years
after the treaties of Rome: especially constitutional justice
The 60th anniversary of the signature of the
Treaties of Rome offers the opportunity to focus on the transformations that
have involved the relationship between the States and the European Union.
Focusing on the analysis of the dialogue between national and supranational
Courts, this work aims to identify who really is the “gatekeeper” of the limits
and the changes in the rules deriving from courts’ decision. Precisely in the
period of maximum crisis of the process of European integration, between Eurocriticalisms and Euroscepticisms
due to Brexit, the author intends to re-launch the idea of widespread control
with a view to making the Court of Justice a veritable Supreme Court (D.B.)
MARTINA MARIA MININCLERI
(28.09.17)
Abstract
The control of constitutional legitimacy on the electoral
laws, between the "legislative" role of the Consulta,
"warnings" to the Parliament and hypotheses of introduction of the
preventive control
Judgments no. 1/2014 and no. 35/2017 of the Italian Constitutional Court declared the partial
unconstitutionality of the electoral laws provided for the election of the
Chamber of Deputies and the Senate of the Republic. Despite the differences
between the two decisions, the author notes that the Court's concern to “save”
a law that is immediately applicable is common to both rulings and it would
appear to have become ius receptum that anyone who considers their right to
vote adversely affected the judicial way to see it restored with judgment. The work
argues that the two decisions have de facto introduced an ex ante review of
electoral matters into the Italian legal system (D.B.).
ANTONIO RUGGERI
Integrazione
europea e autonomia degli enti territoriali: simul stabunt vel simul cadent
(22.09.17)
Abstract
European integration
and autonomy of local authorities: “simul stabunt vel simul
cadent”
The essay examines the
relationship between the European Union and territorial autonomies, considering
the elusive nature of the Union. The overall rethinking of autonomy prompted by
the present international and supranational context has generated the need to
face problems through the further intensification of solidarity constraints
within the European Union and the international community. The author sees in
the concurrence of all the fundamental principles the creation of the
constitutional identity of the State, as well as of the Union, from which
derives the need to grow both the principle of openness to international and
supranational law as well as that of autonomy (D.B.).)
Consulta
OnLine (periodico
online) ISSN 1971-9892