Consulta OnLine (periodico online) ISSN 1971-9892
2024/III
settembre-dicembre
Parte
Prima
STUDI
ANDREA CONZUTTI
(24.10.2024)
Abstract
The
paper analyses the distinctive features of the European economic constitution
in the aftermath of the Covid-19 health crisis. After recalling the
constitutional framework of the pre-pandemic economic order, outlined by the
Maastricht Treaty and consolidated by subsequent Treaties, with specific regard
to its concrete declination and implementation, the focus turns to the two main
recent developments in the European economic governance: the introduction of
the Next Generation EU (NGEU) programme and the reform of the Stability and
Growth Pact (SGP). From this analysis, an attempt is made to answer the
following fundamental question: has an epochal event such as the pandemic
triggered a true overcoming of the pre-existing economic paradigm, or has it
only led to a temporary deviation from the latter, motivated by emergency
contingencies?.
MARCO CECILI
(23.10.2024)
Abstract
: The
Constitutional Court in its judgment n. 146/2024 declared the illegitimacy of a
provision of a decree-law due to the absence of the requirement of
‘extraordinary necessity and urgency’ required by Article 77 of the
Constitution. This essay aims at reconstructing the procedural events that led
the Court to make its ruling and seeks to contextualize this intervention with
respect to the issue of urgent decrees.
FRANCESCO
IANNELLI
(23.10.2024)
Abstract
The
paper analyses the spoils system in the constitutional democracy following some
decisions by the constitutional Court regarding the relationship between the
State and the Regions. In the constitutional pluralism, the principle of checks
and balances allows to examine the relevance of the merit system in such a way
as to explain a critical point of view on the spoils system.
ANTONIO RUGGERI
(17.10.2024)
Abstract
The paper
highlights how the reform bill under consideration is not conducive to
achieving the objectives of government efficiency and political stability, as
claimed by its drafters. On the contrary, it may lead to the grave consequence
of a substantial deconstitutionalization of the
Constitution. It then focuses on the contradiction arising from the failure to
adapt the powers attributed to the Prime Minister under Article 95 of the
Constitution to align with the legitimacy conferred by the mechanism of direct
election. Finally, it underscores, on one hand, the excessive exposure of
political processes to constitutional rules as a result of the reform and, on
the other hand, the active role the reform plays in undermining the principle
of separation of powers, thereby posing a serious threat to the Constitution
and its stability.
AGATINO CARIOLA
(17.10.2024)
Abstract
The
relationship between information and political power has always been among the
most troubled, and this also concerns democratic systems. On the one hand ademocratic system presupposes educated and informed
citizens who exercise their rightsintensely and
participate in the life of the Nation; on the other hand political power isinfluenced by cultural trends and dynamics present in
public opinion, on the other hand, too, the same power tends to influence the
information tools in terms of content as well as, sometimes, even timing. And
yet, democracy lives on the assumption of a widespread culture that moves from
the generalized possession of information.
For
this reason the thesis is put forward that there is a right to information for
citizens who can assert their claim to complete information against the
so-called generalist communication tools: certainly those concessionaires of
the public radio and television service, but also television networks and
newspapers that qualify as an expression of the entire territory and the voices
present in it. This right to information would be justiciable by means of a
request for compensation for damages.
From
information to be provided to all, to that in the possession of state
administrations and structures, the step is short. The discipline on access to
administrative documentation is today very rich in tools to assert the
citizen's right. However, the discipline on State secrecy that can be opposed
by the Executive even to requests from jurisdictional authorities is still
insufficient. In this regard, the current regulation of State secrecy should
probably be revised and, with the aim of enhancing the objective dimension of
secrecy and preventing it from
becoming
an instrument in the hands of the government majority alone, it is proposed to
include the President of the Republic in the decision-making circuit that leads
to the imposition of State secrecy.
ANTONMICHELE de TURA
Frammenti di storia polacca (nel prisma della Biblioteca
della Corte costituzionale)
(10.10.2024)
Abstract
The
paper highlights to what extent the Library of the Constitutional Court, which
preserves and guards incredible testimonies, supports the bond that for
centuries has sought to unite the Italian and Polish peoples in a particularly
profound way and in many respects.
CAMILLA BUZZACCHI
Sostenibilità ambientale e domini collettivi: una
manifestazione virtuosa di sussidiarietà
(10.10.2024)
Abstract
“Civic
use”, more recently referred to as “domains” or “collective property”, has
ancient roots in the country's economic and social context: several times the
Constitutional Court has had occasion to rule on this phenomenon, in relation
to regional laws. Thanks to Act 168 of 2017 and the case law of the
Constitutional Court, we have moved away from viewing collective properties as
an experience to overcome, and have begun to look at it from a different angle:
even the recent judgement 152/2014 confirms the close link between collective
domains and the environmental objectives that the Republic will have to meet,
particularly following the revision of Article 9 of the Constitution in 2022.
The perspective is then enriched by the paradigm of subsidiarity, which finds
its authentic manifestation in the collective domains.
ALDO
ROCCO VITALE
(07.10.2024)
Abstract
The
paper critically examines the recent sentence no. 135/2024 of the
Constitutional Court on assisted dying and life support treatments. After summarizing
the main points of the sentence, the philosophical and biolegal
problem of life support treatments: hydration, nutrition and ventilation is
examined. We therefore distinguish the different types of health treatments and
the consequences of their suspension. Finally, we retrace the strengths and
weaknesses of the logical and legal path that the Constitutional Court adopted
to reach its decision.
ANTONIO RUGGERI
Verso una giustizia costituzionale di “equità”: quali i
riflessi di ordine istituzionale?
(17.09.2024)
Abstract
The
paper focuses on the tendency, particularly evident especially in the time
closest to us, of constitutional jurisprudence to make use of particularly
incisive and penetrating decision-making techniques in the sphere usually
considered to be the exclusive prerogative of the legislator, with the aim of
tempering the rigor of certain normative solutions, thus made more
"mild" and expressive of a justice of equity, in view of the optimal
satisfaction of the fundamental rights evoked in the field by the cases and, in
general, of certain needs widely and intensely felt within the social body. The
alteration of the institutional roles that follows, however, causes risks of no
small importance here summarily represented.
ROBERTO BIN
Il “caso
Priolo”: scelta politica vs. bilanciamento in concreto (in margine alla sent. 105/2024)
(12.09.2024)
Abstract
The
essay highlights the logical and argumentative hortcomings
of the decision of the Constitutional Court no. 105/2024, particularly where it
fails to address the protection of the balance struck by the judge between
health protection and production needs, favoring the
Government's authority to determine which interests should prevail.
MICHELE
FRANCAVIGLIA
(12.09.2024)
Abstract
The
essay examines the ruling no. 65/2024 of the Constitutional Court, highlighting
some critical issues surrounding the theoretical foundation of the so-called selfgovernment of parliamentary bodies. In particular, the
work briefly highlights the problematic consequences of an obiter dictum that
concludes the ruling and that, by separating regulatory autonomy from
self-government, ends up comprimising an adequate
functional characterization of the regulatory reserve provided by art. 64 of
the Constitution.
GIOVANNI
COLOCRESE
(11.09.2024)
Abstract
Sentence
No. 2/2024 highlights, once again, the tightening of the scheme of allocation of
administrative functions in environmental matters. The decision, therefore,
completes the theoretical framework of the operativeness
- and, above all, of the relative limits - of the institution of the so-called
delegation of administrative functions in environmental matters, allowing the
interpreter to deal with recent legislative innovations.
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