Consulta OnLine (periodico online) ISSN 1971-9892
2023/II
Maggio-Agosto
PARTE
I
STUDI
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
(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
(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
(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
(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.
Consulta OnLine (periodico online) ISSN 1971-9892