2025/II

maggio-agosto

 

 

Parte Prima

STUDI

 

 

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 Court’s 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 Court’s 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

L’ambiente 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

Costituzione e indipendenza nel processo tributario: giudici bussano ancora una volta, ma il portone della Consulta resta chiuso (02.05.2025)

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.