Consulta
OnLine (periodico online) ISSN 1971-9892
2020/II
maggio-agosto
PARTE I
SIMONE SCAGLIARINI – ROBERTO PINARDI
(27.07.2020)
Abstract
The aim of this paper is to analyze the lenght’s trend of the processes handled by the Consitutional Court, in the period among 1956 and 2019, adressing the focus on the conflicts between the different powers of the State. In this sense, the framework highlights that the Consulta has a wide discretion in time management, situation that, in abstract, could be considered as a defensive tool used to protect its legitimation in the overall system while, actually, represents a matter which overexposes the Consitutional Court to political issues (referring, in particular, to the cases in which the judges exploit the rules with self-assurance). This condition, that currently is largely in-use, is quite far from the model designed by the Constitution and generates risks that require a cautious evaluation. Court.
GIUSEPPE CAMPANELLI
Carta sociale europea e CEDU: rapporto tra parametri e
puntualizzazione delle differenze
(27.07.2020)
Abstract
This paper aims to analyze the relationship between the European Social
Charter and the ECHR, starting from the recent jurisprudence of the
Constitutional Court. Specifically, the study focuses on the difference in the
application of these sources, mainly due to a not identical qualification of
the parameters, and provides several perspectives on
the role of the Constitutional Court.
VINCENZO BALDINI
(27.07.2020)
Abstract
This work tends to analyze the experience of the health emergency in the light
of the three Kantian questions trying, for each of them, to provide an answer,
in a problematic form, up to determining some lines of possible developments of
the political debate connected to rational expectations that emerge from the
above experience.
PAOLO ZUDDAS
Pregiudizi digitali e principio di precauzione
(09.07.2020)
Abstract
The investigation examines
the possibility of transposing the precautionary principle - in its various
forms - from the original fields in which it developed, to the Artificial
Intelligence sector. In particular, the principle will be applied to the
complex problems posed by using machine learning systems to make decisions,
faced with the risk that such tools produce selective decisions.
The application of the
precautionary principle to machine learning technologies can help answer
questions such as: when it is advisable not to adopt artificial intelligence;
when it is deemed possible to use it, within what limits and with how much
caution; what are the responsibilities to be stressed
in this area and on which subjects they fall.
ANTONIO RUGGERI
(09.07.2020)
Abstract
The paper notes a recent
decision of the Constitutional
Court, n. 132 of 2020, which reproduces, albeit with more measured and cautious tones, the pattern
already experimented in the well-known Cappato case.
MATTEO BURSI
La sentenza del BVerfG
sul Public Sector Purchase Programme:
un’Europa sempre più difficile
(08.07.2020)
Abstract
The aim of this paper is to analyze the sentence of the Bundesverfassungsgericht
on the Public Sector Purchase Programme (PSPP), adopting a perspective which
combines law, economics and history. In this sense,
initially, the focus will be adressed toward the “european path” of the German Constitutional Court since the
case Solange to the most recent pronunciations about the initiatives
implemented by the European Central Bank. Subsequently the article will depeen the possible consequences of the 5 May judgement
while, further, there will be a consideration about the tasks, and the
ideological base, of the Frankfurt’s institute. Finally, we will suggest a
reflection on the overall german approach to the
European Union, trying to understand what role this country is ready to play in
the forthcoming continental scenario.
LUIGI VENTURA
(06.07.2020)
Abstract
The paper examines several
questions posed by the relationship between politics and law, highlighting the
numerous aporias in a
constitutional perspective.
EUGENIO DE MARCO
(06.07.2020)
Abstract
The essay examines the impact of situations
of extraordinary health emergency on different constitutional rights. In
particular, the measures taken by the Italian system in the face of the
situation caused by the pandemic by "covid-19" are analysed. First of all, surveys are moved on the different ways in
which the state and the regions intervened in the phase of greater virulence of
the pandemic. In addition, questions are raised about the conciliation of
interventional measures adopted with constitutionally guaranteed rights until
they are sometimes temporarily suspended. It concludes
by noting reasonableness the fundamental criterion capable of justifying
limited interventions in the exercise of fundamental rights.
CHIARA
GRAZIANI
Libertà di culto e pandemia (Covid-19): la
Corte Suprema degli Stati Uniti divisa
(06.07.2020)
Abstract
This work examines the decision of the U.S. Supreme Court South Bay
United Pentecostal Church et al. v. Gavin Newsome, Governor of California et
al., 590 U.S. (2020), dealing with the balance between freedom of worship and
the protection of public health during the Covid-19 pandemic. The analysis also
takes into consideration the case law of other U.S. courts on the same topic as
well as a brief comparative overview on how courts of other jurisdictions
decided similar cases during the ongoing public health emergency.
MARINA
ROMA
(29.06.2020)
Abstract
The paper analyses the principle of the Italian Constitution whereby any
new law providing for new or increased spending shall indicate the related
financial means. In this respect, the author focuses on the most relevant
judgements of the Italian Constitutional Court regarding Art. 81, paragraph 3
of the Italian Constitution, also in the light of the reform introduced by
Constitutional Law of 20 April 2012, no. 1.
ALESSANDRO
ROSARIO RIZZA
(17.06.2020)
Abstract
The conflict of powers features some critical aspects. One of these is
the legal standing. The Author analyzes this current
issue in a recent decision, identifying two problematic profiles.
FRANCESCO
DAL CANTO
Il giudizio in via principale nella novella
delle Norme integrative del gennaio 2020
(04.06.2020)
Abstract
The essay examines the reform of the Supplementary rules for judgments
before the Constitutional Court from the peculiar perspective of the judgment
on the law promoted directly. The latter, in particular, has
not been affected by this reform so that it is not possible today to envisage a
change in the case law so far characterized by an intransigent closure of the
adversarial in this process.
ANGELO
LICASTRO
(03.06.2020)
Abstract
This paper examines the effects on religious freedom of the containment
measures introduced in France to combat the pandemic, in a comparative
perspective with the Italian legal framework. To do so, it takes as a starting
point the decision of the French Council of State of May 18, 2020, that imposed
to the Government to remove the general and absolute ban on gatherings in
places of worship and to establish measures which are strictly proportionate to
the health risks.
GIANMARIA
ALESSANDRO RUSCITTI
Libertà religiosa e governo del territorio:
le linee guida della Consulta nella sentenza 254/2019
(26.05.2020)
Abstract
The article analyzes sentence no. 254/2019 of
the Constitutional Court, underlining how in solving an urban planning problem,
the Court takes the opportunity to reaffirm some fundamental points in the
matter of constitutionally guaranteed freedom of religion.
ALESSANDRO
ROSARIO RIZZA
Il decreto legge
anomalo nel sistema delle fonti
(11.05.2020)
Abstract
Reconstructing some ideas proposed in doctrine, the Author analyzes the emergency decree in the sources of law,
applying the criteria for the resolution of antinomies. In the discussion, the
Author compares the emergency decree with the ordinary law decree, governed by
the art. 77 of Constitution.
FIAMMETTA
SALMONI
(06.05.2020)
Abstract
The paper comments on the sentence of the German Federal Constitutional
Court which declared Germany's participation in the public sector purchase
program, PSPP, implemented by the European Central Bank - ECB, partially
unconstitutional. The paper discusses the current and future implications of
the important decision.
ANTONIO
RUGGERI
Società tecnologicamente avanzata e Stato di
diritto: un ossimoro costituzionale?
(06.05.2020)
Abstract
The paper argues the thesis according to which technology if, on the one
hand, offers itself as a guarantee of rights and for the fulfillment
of constitutional duties, on the other hand it acts as a factor of
"constitutional distancing" and, therefore, of discrimination
incompatible with the very essence of the rule of law.
RAFFAELE
GARGIULO
Il processo costituzionale telematico:
prospettive
(06.05.2020)
Abstract
The Constitutional Court has already addressed the electronic process
relating to the regulation of the timing of PEC notifications in the civil
trial. For some time now, the Court has been committed to studying the use of
technologies for its own trial. The implementation of this type of process
presupposes the preliminary modification of the regulatory rules. The study
investigates the legal and technical profiles of the problem.
ALESSANDRO
LAURO
BIS IN “NIET” (a margine dell’ord. n. 60/2020 della Corte
costituzionale)
(02.05.2020)
Abstract
A year after the ordonnance n. 17/2019, the
Constitutional Court scrutinises for the second time the parliamentary
procedure by which the 2020 State Budget was approved. In this decision, the
Court excludes that Opposition parliamentary groups may file a petition acting
as “powers of the State” to challenge the parliamentary procedure before the
judge. The Court confirms, by contrast, that the abuse of parliamentary
procedure can be contested by each member of Parliament. The Constitutional
judges point out that only a very serious violation of the lawmakers’ rights
can lead to a declaration of the unlawfulness of the Parliament Act. In order to verify that, the Court proceeds to check the balance between the MPs’ rights
enshrined by the Constitution and the needs and principles inherent to the
State budget approval. In this case, the Court rules out that the procedure
followed in the Chambers shows such an absence of balance justifying the
judge’s intervention .
ANTONIO
RUGGERI
La forma di governo
nel tempo dell’emergenza
(02.05.2020)
Abstract
The paper supports the need for a
constitutional discipline relating to the management of emergencies which
reinforces the role of guarantee of the President of the Republic, providing
for the control of the governmental acts adopted to deal with them and at the
same time admitting the possible verification of the Constitutional Court.
MEMORIE COSTITUZIONALI
Una Costituzione da
“fine impero”
(21.05.2020)
Abstract
The document, which
commemorates the 150th anniversary of the French imperial constitution of 1870,
illustrates its characteristics and the temporal situation in which it came to
light, preceded by other acts of Napoleon III oriented in a liberal sense.
Consulta OnLine (periodico
online) ISSN 1971-9892