Consulta OnLine (periodico online) ISSN 1971-9892
2025/II
maggio-agosto
Parte Prima
STUDI
The article examines the biojuridical issues
of Judgment No. 66 del 2025. After examining the central points of the constitutional
judges reasoning, the differences between this ruling and previous ones are
reviewed. Finally, critical reflections are made on the constitutional
perimeter of the end-of-life discipline within the Italian legal system,
especially with reference to the possibility of extending the suspension of
life-support treatment.
FELICE BLANDO
Fra
astensionismo e voce al popolo: qualche spunto a partire dai referendum dell8
e 9 giugno (30.05.2025)
Abstract
The paper examines some political constitutional aspects related to the
upcoming abrogative referendums of 8 and 9 June 2025. In this sense, it
analyses the limits and functions of the abrogative referendum according to the
Constitution and the development of the institution in some significant events
of the life of the republic. The paper concludes with a reflection on the
importance of the structural quorum.
STEFANIA MABELLINI
Abstract
The essay explores the delicate balance between legislative
retroactivity and the protection of legitimate expectations within the Italian
constitutional system, with particular focus on recent Constitutional Court
jurisprudence. After reconstructing the historical and case-law evolution of
the principle of non-retroactivity, the author highlights how the Court has
progressively reduced its binding force, instead affirming
the legitimacy of retroactive laws when justified by reasonableness and public
interest.
CHIARA CUCCURU
Lintervento
delle Regioni terze nel giudizio di legittimità costituzionale in via di
azione (26.05.2025)
Abstract
This article examines the procedural legitimacy and substantive role of
regions that are not directly involved in constitutional legitimacy proceedings
but seek to intervene as third parties. The study analyzes
the legal framework governing such interventions, considering both
constitutional principles and jurisprudential developments. Special attention
is given to the conditions under which these regions may assert their
interests, the impact of their participation on the balance of powers, and the
potential implications for regional autonomy. By exploring key case law and
legislative provisions, the article provides a critical assessment of the
evolving role of third-party regional interventions in the Italian
constitutional system.
MARIO BERTOLISSI
La
Costituente e la non discontinuità concettuale (21.05.2025)
Abstract
With few exceptions, institutional dynamics over time are marked by
continuity. Italy is no different. The ideals that emerged and gained
prominence during the work of the Constituent Assembly have gradually been bent
to the logic of preservation, often serving interests rooted in the past. The
primary responsibility lies with political actors. But above all, with the
State apparatus itself, frequently reinforced by a judiciary, across all
levels, that has either deliberately or unwittingly failed to break free from
formalism. This formalism enables the persistence of a power structure that is selfreferential and unaccountable. And it does so through the use of abstract, unquestionable concepts.
ANTONIO RUGGERI
Famiglia
e Costituzione: un modello aperto e in progress? (19.05.2025)
Abstract
The essay examines the evolving relationship between constitutional law
and the regulation of family and affective relationships, highlighting the
tension between an only partially realized constitutional model of the family
and current normative developments. It focuses on cases where ordinary
legislation goes beyond the core constitutional guaranteesparticularly in
ensuring equal treatment for all childrenand on how such developments may
contribute to or distort the implicit evolution of constitutional principles.
Central elements of the traditional modelmarriage formalization, monogamy,
heterosexuality, and the mutual rights and duties of parents and childrenare
contrasted with the rise of parafamilial unions.
The analysis addresses the risks of eroding the constitutional identity of the
family, especially considering trends such as international adoption by single
individuals and the recognition of same-sex parenting through surrogacy. The
contribution concludes by reflecting on constitutionally consistent
interpretations informed by subconstitutional norms
and evolving social practices.
MARIO PERINI - EDIN SKREBO
Abstract
This paper aims to analyse the concepts of constitutional identity and
public order in the European debate by placing them in direct relation to each
other. In particular, the articles authors argue for the existence of
significant affinities between these two concepts, such as placing them on a
level of quasi-specularity. Specifically, the article
first seeks to identify the defining elements of the two concepts to provide
the reader with a key to a wide range of possible interpretations. It then
analyses the elements that constitute the essence of these notions. Finally, an
attempt will be made to recombine the elements analysed to understand the
points of connection between the two subjects, also concerning the construction
of common and shared legal principles.
BIAGIO G. DI MAURO
Abstract
The essay examines how hedge fund lobbying influences the U.S. electoral
experience and associated rights. It offers a reconstruction in
light of current regulations and evaluates their effectiveness,
including cases involving digital platforms (digital lobbying). By analyzing operational mechanisms, practical examples, and
regulatory implications in electoral lobbying - particularly online - the essay
provides valuable insights into existing challenges and proposes de iure condendo perspectives.
GIOVANNA RAZZANO
Abstract
The essay examines how hedge fund lobbying influences the U.S. electoral
experience and associated rights. It offers a reconstruction in
light of current regulations and evaluates their effectiveness,
including cases involving digital platforms (digital lobbying). By analyzing operational mechanisms, practical examples, and
regulatory implications in electoral lobbying - particularly online - the essay
provides valuable insights into existing challenges and proposes de iure condendo perspectives.
CRISTINA VIDETTA
Abstract
The article examines Constitutional Court ruling no. 119 of 2024,
focusing in particular on the issue of possible derogations
from municipal urban planning instruments and the risk that such derogations
might result, even indirectly, in violations of the Regional Landscape Plan
(PPR), thereby undermining the principle of the primacy of landscape planning.
The author highlights how the Court rejected the objections not on the basis of an actual assessment of the absence of
derogatory effects, but rather by affirming the possibility of interpreting the
regional provisions in a manner consistent with the principle of the PPRs
primacy. In doing so, the ruling aligns with a well-established body of
constitutional jurisprudence that recognizes landscape planning as a unifying
and guiding framework for the protection of the territory at the national
level.
FRANCESCA BAILO
Labolizione
dei senatori a vita di nomina presidenziale (17.05.2025)
Abstract
This paper aims to analyze the arguments that
could be used for or against the repeal of the art. 59, paragraph 2, of the
Constitution, looking, on the one hand, at the rationale that was the basis of
the original forecast and, on the other, at the personalities who, in one sense
or another, contributed to marking a path - often bumpy but never resulting in
an effective revision, with the exception of the constitutional reform of 2020
- for the constitutional provision under examination and then verifying whether
and in what way it could impact the constitutional reform as a whole and
whether any corrective measures would be possible in view of the possible
definitive approval of the text.
FILIPPO VARI
Ancora
in tema di assistenza al suicidio ed eutanasia (09.05.2025)
Abstract
The article analyses the end-of-life bills that are currently examined
by the Senate. It first highlights the importance of the right to life in the
Italian Constitutional Courts case-law. It then tackles the issues of
self-determination, freedom of health and of the importance of the
constitutional protection of human dignity. Finally, the study focuses on the
problem of the binding effects of the Constitutional Courts case-law on the
issue.
QUIRINO CAMERLENGO
Sulla riflettanza politica degli organi costituzionali di
garanzia (06.05.2025)
Abstract
The guarantor bodies (President of the Republic and Constitutional
Court) are not politically responsible. However, the political factor is a
constant in their institutional activities. This factor may have a weight at
the time of their election. This paper proposes the notion of political
reflectance to define the incidence of this factor in the choice of the
guarantor bodies.
ROBERTO BIN
Lambiente
nella Costituzione, tra beni e interessi (03.05.2025)
Abstract
The essay offers a critical reflection on the scope of the recent
constitutional reform of Articles 9 and 41, which explicitly incorporated the
protection of the environment, biodiversity, and ecosystems among the
fundamental principles of the Constitution, including in the interest of future
generations. Following a path that begins with the early jurisprudential
developments of the Constitutional Court and extends to its most recent case
law, the author highlights the ongoing difficulties within the Italian judicial
system in ensuring full protection of environmental goods, unlike the German
model.
CAMILLA PETRILLO
Abstract
The tax process designed by the
legislator, although suspected of lacking constitutional compliance in several
respects and particularly regarding the profile of judicial independence, fails
to gain access to the merits of constitutional review. The risk is that it will
end up becoming a free zone from the constitutional review, while the
possibility of access to supranational courts is on the horizon.
MARIO PANEBIANCO
Considerazioni minime sul Comunicato
della Presidenza della Repubblica del 15 aprile 2025 (02.05.2025)
Abstract
This article offers some basic
considerations, both general and specific, on the promulgation of laws, starting
from a recent press release by the Presidency of the Republic, which reflects a
well-established practice.
Consulta OnLine (periodico online) ISSN 1971-9892