Consulta OnLine (periodico online) ISSN 1971-9892
2024/III
settembre-dicembre
Parte
Prima
STUDI
IDA ANGELA NICOTRA
(09.09.2024)
Abstract
The
paper explores the primary causes of the current crisis in legislative
production, emphasizing the constitutional importance of optimal law drafting
and proposing potential tools to address this crisis.
ROBERTO PINARDI
(02.09.2024)
Abstract
The
article examines Constitutional Court ruling no. 140 of 2024, focusing on
"supervening constitutional legitimacy" and its application in this
case. The Court upheld the payback mechanism for medical devices as reasonable
and proportionate, despite concerns about legal certainty and company
expectations. The article also notes how a prior ruling (no. 139 of 2024)
altered the rule's proportionality, rendering the raised objections unfounded.
Additionally, it discusses the diachronic interpretation of the law and timing
issues related to the ruling's publication.
CARLO PADULA
(02.09.2024)
Abstract
Facing
a State challenge to a regional legislative provision already repealed at the
time of notification of the appeal, the Court excludes inadmissibility due to
lack of interest, since the application of the repealed provision cannot be
excluded. Through an examination of the constitutional jurisprudence about
interest in the appeal and cessation of the matter of the dispute, the paper
verifies how the importance given to the application of the contested law may
be consistent with the abstract nature of the direct constitutional challenge,
and the need to not overlap the interest in the appeal with the cessation of
the matter of the dispute.
ALESSANDRO CANDIDO
Il fine vita tra Stato e Regioni
(02.09.2024)
Abstract
The
paper analyses the Ligurian legislative proposal on the end of life, currently
under discussion at the Ligurian Regional Council. Given that the Constitution
never recognises a person s right to receive a death benefit, as recently
reaffirmed by the Constitutional Court in its ruling no. 135 of 18 July 2024,
the legislation under consideration appears to be unconstitutional because it
infringes on the division of competences between the State and the Regions. In
particular, the regional discipline contrasts with the State s reserve in the
matter of civil and criminal law (art. 117, paragraph 2, letter l), of the
Constitution), with the transversal State competence in the matter of essential
levels of services (art. 117, paragraph 2, letter m), of the Constitution);
moreover, the discipline of the end of life does not appear to be referable to
the matter of protection of health , within which, in any case, the fundamental
State principles are absent. Lastly,
the principle of regulatory flexibility appears inapplicable.
FEDERICO GIRELLI
Inciampi
estivi alla garanzia dell’assistenza scolastica per gli alunni con disabilità
(02.09.2024)
Abstract
The short
note reacts critically to a recent ruling by the Council of State on the
subject of school assistance for students with disabilities, hoping that the
proposed interpretative direction will be overcome by the intervention of the
Plenary Assembly of the Council of State itself.
Consulta OnLine (periodico online) ISSN 1971-9892