Consulta OnLine (periodico online) ISSN 1971-9892
2023/II
Maggio-Agosto
PARTE I
STUDI
ANTONIO RUGGERI
(02.10.2023)
Abstract
The paper underscores the significant distortions
in the institutional model that have given rise to a potentially irreversible
crisis in the principle of separation of powers. Specifically, we examine
whether structural shortcomings in political representation can be addressed
through expanded uses of jurisdiction. Contrary to popular belief, it's
emphasized that the real normative strength of acts seems to increase as one
descends the hierarchical ladder that defines the system. This is evidenced by
the prominence of the role played by circulars in administrative practice.
Lastly, we explore potential remedies for this situation, at least in part.
GIUSEPPINA
BARCELLONA
Vaccini
e riserva di legge (brevi riflessioni a margine di Corte cost. sent. n. 25 del 2023)
(25.09.2023)
Abstract
The Constitutional Court, in Judgment no. 25 of
2023, returns to the subject of compulsory vaccination. This short paper
critically analyses the fundamental argumentative junctures of the decision,
dwelling on the way in which the object and function of the reservation of the
law provided for in Article 32, paragraph 2 of the Constitutional Constitution are thematised.
ALESSANDRO CANDIDO
(25.09.2023)
Abstract
The paper analyses the issue of parliamentary
immunity in the context of digital society and modern forms of political
communication. In particular, it is argued that the
thesis that anchors the immunity of opinions expressed in the presence of a
prior parliamentary act, of which the Member of Parliament could limit himself
exclusively to divulging its contents extra moenia,
needs to be updated and rebalanced, which may find space through an amendment
to parliamentary rules.
FRANCESCO TORRE
(18.09.2023)
Abstract
The paper analyses the Constitutional Court,
rulings no. 54 and no. 67 of 2022, concerning the recognition of welfare
benefits for non-EU citizens. The present work seeks to offer a broader view of
the connections between these judgements all of which appear to be linked by a
common thread. In both sentences, the Constitutional Court arrived at two
different outcomes of acceptance in the first, and rejection in the second,
affirming the due respect for the principle of non-discrimination in access to
such benefits. The reason why the Constitutional Court arrived at two
diametrically opposed approaches, even though the same reference parameter
(Article 12 of Directive 2011/98/EU) was invoked, is to be traced back to whether or not the referring judges invoked the Charter.
SIMONE SCAGLIARINI
La Corte e la tecnica legislativa
(13.09.2023)
Abstract
The judgment n. 110/2013 represents a fundamental step
in the jurisprudence on legal drafting, as for the first time the Court affirms
that the unclearness of the law determines its unreasonableness (and,
consequently, its illegitimacy). The paper identifies further parameters that
lead to the same conclusion reached by the Court and emphasises
the need, from now on, to define the cases in which the obscurity of the law is
so severe as to determine its unconstitutionality. This activity is to be
performed by the Court with extensive use of its self-restraint.
ROBERTO ROMBOLI
(12.09.2023)
Abstract
The essay collects the conclusions drawn at the
Conference in memory of Alessandro Pizzorusso (Pisa,
December 15, 2022) and primarily focuses on the topics of the relationship
between the Constitutional Court and the legislature and on the decision-making
techniques of the Court itself, examining the multiple implications of these
aspects also from the standpoint of the separation of powers.
ANGELICA GEROSA - ALICE STEVANATO
Nel tempo e nello spazio:
l’eredità di Serio Galeotti sui nuovi doveri di solidarietà
(12.09.2023)
Abstract
In Serio Galeotti’s papers
on the value of solidarity, he provides a definition of solidarity as a sense
of brotherhood, mutual assistance, and support in times of difficulty, a
concept worthy of reflection in our current context. The intervention aims to
answer the question of who the recipients of the principle of solidarity are.
The reflection focuses on two different perspectives.
First, in terms of “time”
and taking our cue from the recent constitutional reform of Article 9, which
expressly mandates protection of the environment “also in the interest of
future generations” we would like to explore the breadth of the principle of
solidarity, asking, in particular, if exists a general principle of
intergenerational solidarity, which requires the Legislature to balance the
interests of those who will come after us not only with regard to the
environment, but also with regard to economic resources, social security and
artistic goods.
Reflection then focuses on
environmental issues and the potential of the principle of solidarity between
living generations inhabiting different places on Earth, even beyond state sovereignty.
To this end, we want to reflect on what relationship exists between solidarity
and “space”, to see if it is possible to overcome the thesis that conceives of
duties of solidarity only within a state, at least in reference to global
events such as climate change. Starting
from the assumption that man is nowadays the main culprit for climate
degeneration, environmental protection has become a legally relevant question
of justice, also because some countries, generally those least responsible for climate-changing
emissions, are the most affected by the negative effects of climate change.
AGATINO CARIOLA
(11.09.2023)
Abstract
With sentence no. 126 of 2023, the Constitutional
Court decided on a conflict of attribution raised by the Chamber of Deputies
against the Tribunal of Lecce which had ordered the forced execution of the
social security treatment in favor of a former parliamentarian, without
applying a regulation adopted on the subject by the same Chamber. The
constitutional Judge considered that the jurisdictional provision violated the
autonomy recognized to Parliament.
The comment notes that the Court's decision took
place without the participation of the third creditor who had acted to obtain
payment of his credit, the Agenzia delle Entrate in the matter. And
it is criticized that was requested the application of an internal act of the
Chamber which is not published. The fact once again raises the problem
regarding the basis of the parliamentary power to decide on one's own
organization and activity when third party positions are involved. In criticism
of the constitutional jurisprudence that has always identified this foundation
in the sovereignty of the Parliament, the comment proposes to trace it in the
free decision of those who agree to submit to the same parliamentary power.
ANTONIO RUGGERI
Ha una forma la forma di governo?
(01.09.2023)
Abstract
The paper highlights the lack of a clearly and
fully delineated form of government. In fact, the guidelines provided by the
Constitutional Charter, which are based on two key principles - first, a clear
distinction between political management bodies and guarantee bodies, and
second, the centrality of Parliament - are evidently contradicted by deviant
practices. These are characterized by dramatic shifts,
confusion, and continuous, not insignificant
changes.
The question arises as to whether this form of
government can achieve a stable identity, and what remedies might be suitable
for achieving this stability. This is especially relevant in
light of forthcoming significant reforms aimed at both institutional
rules and system corrections to ensure policy regularity.
Consulta OnLine (periodico online) ISSN 1971-9892