2023/II

Maggio-Agosto

 

PARTE I

STUDI

 

 

ultimi contributi pubblicati

 

 

 

MARCO LADU – NADIA MACCABIANII

L’autodeterminazione popolare nell’era digitale: tra opportunità normative e tecnologiche

(03.06.2023)

Abstract

The paper, after a brief introduction of the risks and opportunities entailed by the digital transformation process in respect of the right to vote, focuses on some legal (§ 4) and technological (§ 3) developments in order to understand in which terms they intersect with the constitutional purposes that referendum underlie (i.e. the strengthening of popular self-determination). In this last respect, any new right is requested but rather the enhancement of traditional principles and rights by means of further specific “qualifications” that aims at reinforcing both, the awareness and empowerment of the voter. Consequently, the pivotal issue falls on the implementation of those prerequisites that support the voter's ability to take “direct decisions” for the collective life by means of technological tools functional to his empowerment (what we deem could be found in the double arrangement between referendum and technological systems like blockchain and gamification), as well as by means of regulatory tools functional to his awareness (what we deem could be found in the address followed by some European initiatives that support equity and transparency).

 

 

ANTONIO RUGGERI

Costituzione e verità (prime notazioni)

(03.06.2023)

Abstract

In the opinion of the author, the Constitution, alongside certain indisputable truths, refers to truths still in the making, the object of uncertain semantic reconstructions, dwelling on the relationship of mutual nourishment that exists between them and develops in experience. In this perspective, are examined some tenacious, albeit inexplicable, resistances opposed by political decision-makers and legislators to accepting some scientific truths and to offering them the opportunity to become constitutional truths. That is a matter of the fundamental right to the truth and of how it is placed before other fundamental rights. The study concludes with a brief reflection on the relationship between text and constitutional truths and on its developments as a consequence of the cultural habits of their recognition.

 

 

SILVIA FILIPPI

Gli ancora incerti contorni dell’omogeneità nella giurisprudenza costituzionale recente sul decreto-legge

(31.05.2023)

Abstract

The essay analyzes the recent Italian Constitutional Court case law concerning law-decrees, with specific reference to the concept of homogeneity. The paper aims to identify whether it is possible detecting some recurring elements in the constitutional jurisprudence concerning law-decrees conditions, in order to identify the violations of the principle of homogeneity in the forthcoming judicial cases.

 

 

ANGELO LICASTRO

La salvaguardia dello «status» nazionale delle confessioni religiose alla prova del principio eurounitario della libertà di stabilimento

(18.05.2023)

Abstract

The Court of Justice of the European Union has ruled that the grant of public subsidies to denominational private schools may be reserved for churches and religious societies recognized by a Member State. The Court has held that the recognition requirement under national law complies with EU law and, in particular, with article 49 TFEU (on the right of establishment), read in conjunction with Article 17(1) TFEU. According to the Author, this is the first time that the principle enshrined in Article 17(1) TFEU impacts on the scope of application of the basic principles of EU free market law.

 

 

MARCO PODETTA

Il tentativo di attuazione dell’autonomia differenziata: dal disegno di legge Calderoli alla legge di bilancio per il 2023

(17.05.2023)

Abstract

This paper analyzes some issues related to the implementation of the so-called differentiated regionalism in the light of the relevant provisions of the 2023 budget law for 2023 and the Calderoli draft law presented at the beginning of the XIX Legislature. In particular, the research tries to highlight the need to strengthen the role of the Parliament, the inadequacy of the funding mechanism, and the incorrect method of determining the essential levels of services and the financial resources.

 

 

LOREDANA MURA

Il modus operandi nella sent. n. 131 del 2022 della Corte costituzionale sul cognome dei figli a confronto con i sistemi della UE e della CEDU

(04.05.2023)

Abstract

The article relates the outcomes of Constitutional Judgment No. 131 of 2022 to those that have matured within the framework of well-known and established European systems, such as that of the EU and the ECHR. In this sense, it deals not only with the issue of the transmission of surnames to children, but also with closely related issues, such as equality and non-discrimination, personal identity and domestic violence in the light of the repercussions they have on minors and, more generally, on present and future young generations. The overall results of this survey show, therefore, that the elaboration effort made by our Constitutional Court if, on the one hand, it proves to be new and interesting, on the other hand, however, it has several limitations that make it necessary to complete it. An objective, the latter, that cannot be achieved without abandoning outdated and counterproductive operational models and, on the other hand, seeking solutions that can credibly and effectively resolve the current problems in full respect of the principles and values that revolve around the human person.