Consulta OnLine (periodico online) ISSN 1971-9892
2018/II
maggio – agosto
PARTE I
STUDI
FULVIA PASSANANTI
Riflessioni
sugli obblighi vaccinali, tra esigenze di unitarietà e ridotti spazi per le
Regioni
(08.08.18)
Abstract
Reflections on
vaccination obligations, between the need for unity and reduced space for the
Regions
Starting from the
events in the Veneto Region and from Constitutional Court’s decision n. 5 of 2018, this article carefully analyzes issues related to vaccination
obligation imposed on children and teenager by decree law n. 72/2017. This
contribution focuses, in particular, on the complex allocation of legislative
competences between the State and the Regions. The competence on vaccination
may de facto fall within state competence. The state should set fundamental
principles, balancing the right to be effectively treated with the right to
physical and psychical integrity. The state’s action should also avoid gaps
between the Regions, due to the unitary interest behind vaccination issues, and
ensure protection also to those who, because of specific diseases, cannot be
vaccinated (F.D).
SIMONE FREGA
(23.07.18)
Abstract
The Ilva of Taranto again before the
Constitutional Court (remarks to sentence No. 58 of 2018)
Is it possible to
identify a reasonable balance between market needs and workers’ life in the
context of an activity of national strategic interest? Or should workers’ right
to health be overcome by the right to work and the freedom to conduct a
business? The Ilva case leads the Constitutional Court
to strive to find a balance between opposite constitutional interests, on which
the present work focuses through the examination of the reasoning underlying (F.D).
OMAR CARAMASCHI
(23.07.18)
Abstract
From the external functional
link to internal continence? Recent trends in parliamentary prerogative (note
to the Constitutional Court, judgment n. 59/2018)
In the current
political context, which is very different from the past, it is necessary to
rethink the boundaries of parliamentarians' freedom of expression, in order to
guarantee a high level of protection of fundamental rights. Constitutional Court’s judgment no. 59 of 2018 seeks to find a new balance between opposite interests. The
Constitutional Court apparently rules also on the existence of the prerogative
within the Chamber itself, expressing an innovative tendency analyszed by the present contribution (F.D).
ALESSIA TRANFO
(23.07.18)
Abstract
A profile of the right
to housing: public housing for foreigners (in the margins of the Constitutional
Court ruling No. 106/2018)
With its decision no. 106 of 2018, the Constitutional Court declared the unconstitutionality of Article
4, paragraph 1, of Law no. 13 of 2017 of the Region of Liguria, which
introduces a longer time residence requirement than planned at the national
level, to access to public housing by foreign residents. This paper analyzing -
without claiming to be exhaustive - the legislative and jurisprudential
framework, through a careful examination of the right to housing (F.D).
LINDA ARDIZZONE
(23.07.18)
Abstract
The Constitutional
Court declares the criterion of "prolonged residence in the regional
territory" illegitimate for admission to the nursery school: a brief note
to the sent. 107/2018 (with a brief reference to sent. 106/2018)
Moving from the recent
ruling no. 107 of 2018 of the Constitutional Court, dealing with the social and educational function of nursery schools,
this contribution highlights the recent tendency of the regional legislator to
follow guidelines that are not consistent with principles outlined by the
Constitutional Court. This trend determines different levels of protections,
which the Constitutional Court strongly reproached (F.D).
PAOLO ADDIS
(23.07.18)
Abstract
Disability and oath for the acquisition of
citizenship (remarks to the Constitutional Court, sent. 258/2017)
This article deals
with judgment no. 158 of 2017 of the Constitutional Court, focusing on the role of constitutional
case law in building an effective system to protect rights of people with
disabilities, which might be seriously impaired by the obligation to take the
oath required by law no. 91 of 1992.
ANTONIO RUGGERI
(18.06.18)
Abstract
For a new statute of Trentino-Alto
Adige (ask in the margins of two documents preparing the rewriting of the deed)
This work examines
some proposed reforms of the Statute of Italian regions with differentiated
autonomy. Among them, Trentino-Alto Adige is specifically analyzed. In
particular, two documents that try to draw up some guidelines for a new Statute
are taken into consideration. Such documents are examined under the perspective
of each aspect that they address: the relationship between the Province and the
Region as well as between the latter and the State; relations with the EU and
at the international level; forms of participation and cooperation between
different levels of government (C.G.).
SABINA STURNIOLO
The best interest of the child nella legge n. 219/2017
(13.06.18)
Abstract
The “best interest of
the child” in law n. 219/2017
This article examines Law 219/2017, which
regulates measures to be taken when a
person’s life is considered no longer worthy to be lived by the person itself,
with specific focus on the situation in which such individual is a child. In
dealing with such topic, this work also considers cases on the comparative
scenario in which the decision to interrupt life-saving treatments administered
to children has been taken by doctors, believing that such a choice represented
the child’s best interest. The article argues that whether or not recent
Italian legislation on anticipated arrangements in case of irreversible illness
will be a “good law”, as some commentators have already defined it, will depend
on how it is applied, also with regard to children (C.G.).
ANTONIO RUGGERI
La
dignità dell’uomo e il diritto di avere diritti (profili problematici e
ricostruttivi)
(03.06.18)
Abstract
Human dignity and the
right to have rights (problematic and reconstructive profiles)
This article is
focused on the concept of human dignity. On the one hand, human dignity is
analyzed from a theoretic and axiological perspective, also with regard to its
relationship with fundamental rights. On the other hand, it is contextualized
by referring it to several domains related to material experience, such as the
beginning and the end of human life. The claim of this work is that human
dignity, which is an absolute concept that cannot be measured nor balanced,
both justifies and limits individual autonomy, with which, however, it does not
overlap (C.G.).
CELESTE CHIARIELLO
(07.05.18)
Abstract
The constitutional
value of the Nice Charter: a problem still open also in the light of sentence
n. 269/2017 of the Constitutional Court
First, this article
analyses the European Community’s (then Union’s) process aimed at guaranteeing
an increasingly high level of protection of fundamental rights as well as the
Italian Constitutional Court’s path towards European integration and the
so-called counter-limits theory. Then, the study focuses on the Italian
Constitutional Court’s decision (judgment n. 269/2017) through which
constitutional judges clarified some aspects with regard to how ordinary courts
must behave when domestic law clashes with and EU law, especially when the
Charter of Fundamental Rights of the European Union is concerned (C.G.).
GIOVANNI COMAZZETTO
Luci
e ombre del dialogo tra Corti: la “saga Taricco” tra revirements e questioni irrisolte
(07.05.18)
Abstract
Lights and shadows of
the dialogue between Courts: the "Taricco
saga" between revirements and unresolved issues
This work deals with
the “Taricco case”, which was adjudicated both by the
Italian Constitutional Court and the Court of Justice of the European Union.
The aim of the article is to discuss how this case influenced the current
relationship between these two courts and which issues are still left unsolved.
To this purpose, the author, while recalling the judiciary path of the Taricco
case, carefully analyses the concept of “common constitutional traditions”,
with a view to understanding whether and how they can be functionalized to the
process of integration between different legal systems – which is entailed by
the European Union experience – without giving up national identities of single
states (C.G.).
SIMONE PAJNO
(07.05.18)
Abstract
How far does regional competence
extend? Disputes over land and sea in front of the Constitutional Court
This work analyzes
recent case law of the Italian Constitutional Court dealing with the
distribution of competences with regard to the activity consisting of the
exploitation of hydrocarbons deposits on the seabed within the territorial sea.
The issues arising from this analysis are read in the light of international
law (especially the Geneva Convention on the Continental Shelf and the Montego
Bay Convention) and of the International Court of Justice’s case law,
specifically the so-called North Sea Continental Shelf cases (C.G.).
PARTE II
LIBRI E
RECENSIONI
ALESSANDRO ROSARIO RIZZA, La macroregione adriatico-ionica. La cooperazione
territoriale tra ripensamenti e potenzialità» (Recensione al Volume
di Massimiliano Mezzanotte «La macroregione adriatico-ionica.
La cooperazione territoriale
come strumento di integrazione)
(23.07.18)
Abstract
Review
The present work punctually reviews
Massimiliano Mezzanotte's monograph, focused on the
analysis of the critical aspects and potentiality of the Adriatic-Ionian
macro-region.
The comment highlights the author's effort
to propose an "all-round" reconstruction of the theme, through the
examination of the different institutes, the comparison with the experiences
already in progress and the analysis of the national repercussions of the
institute.
The explanation of the essential
lines-reviewed monograph ends with praise to the work, which shows the
potentiality of territorial cooperation and implies a debate between the
experts of the field. (F.D.)
Consulta OnLine (periodico online) ISSN 1971-9892