Consulta OnLine (periodico online)
ISSN 1971-9892
2025/I
gennaio-aprile
Parte Prima
STUDI
GIOVANNI BAROZZI REGGIANI
Abstract
According to the Italian Constitution, the referendum allows the
citizens to repeal a legislative act approved by the government or the
parliament. In the given context, the essay investigates some issues concerning
the changes that can occur to a legislative act submitted to a referendum,
with a specific focus on the functions of the Ufficio Centrale per il Referendum,
which has to examine whether a change to the legislative must lead to a stop of
the referendum.
PAOLO PILUSO
Ripudio della guerra e legittima difesa collettiva: profili costituzionalI (24.02.2025)
Abstract
The contribution, starting from a framework of the principle of
repudiation of war in the art. 11 of the Constitution (also in light of the
work of the Constituent Assembly), questions the space of what is
“constitutionally permitted”, with particular reference to the case of
legitimate collective self-defence, evaluating not only its traceability (as
the object of an enabling provision according to international customary law)
to the aforementioned space of constitutionally admissible conflicts, but also
the possibility of building an (authentically) constitutional statute of
legitimate collective self-defence (leveraging, in particular, the limits to
the exercise of the same). Within this general interpretation, the question of
military assistance to Ukraine will be addressed, as a case study, also
claiming the need for the centrality of politics and diplomacy in the spirit of
the art. 11 Constitution.
FRANCESCO IANNELLI
Abstract
The paper analyses the rationality of taxation of windfall profits in
the European and National orders, focusing on the decisions of the Court and
the power of energetic multinational companies. The proportionality principle
has been carried out in several sentences of the Italian Constitutional Court,
in such a way that the balancing technique of the principles of solidarity and
equality demonstrates the relativity of judgement which can be considered the
guarantee of democratic system.
VINCENZO SCIARABBA
(15.02.2025)
Abstract
In this paper, an attempt is made to reflect on the ‘constitutional
role’ of international and/or universal criminal law and jurisdiction, linking
in the first part to the Nuremberg Trials and in the second part to some recent
events that have brought into focus, in particular, the role of the
International Criminal Court and the possibility of introducing a code of
international crimes and a form of universal criminal jurisdiction for such
crimes at the national level.
LUIGI D’ANDREA
Discrezionalità e separazione dei poteri, alla luce della lezione di Gaetano Silvestri
(12.02.2025)
Abstract
The essay proposes rethinking the concept of discretionary power in
public administration through a unified approach. According to traditional
legal doctrine, discretion is an interplay of constraint and freedom, both in
relation to the law: the holder of discretionary power is bound by the
objective to be achieved but free in the choice of means.
The thesis put forward reinterprets discretion in public law as the
coexistence of two types of constraints: a constraint imposed by the legal
system and a constraint imposed by facts. Both norms and concrete cases
contribute to guiding, shaping, and limiting the exercise of
public functions. This redefinition is driven by the centrality of
constitutional values, which have become the new objective
"sovereigns" of the system, as well as by the evolving relationship
between legis latio and legis executio, characteristic of
the current historical context.
The theory that identifies discretion as a "dual constraint"
aligns not only with the sovereignty of constitutional values but also with the
principle of separation of powers.
ANTONIO RUGGERI
(10.02.2025)
Abstract
The paper focuses on certain persistent oscillations and aporias in the
development of constitutional jurisprudence regarding double prejudiciality, noting how the ruling in question appears
to anticipate the mandatory recourse to centralized scrutiny on issues of
'Euro-unity constitutionality' in criminal matters.
ANTONIO RUGGERI
(10.02.2025)
Abstract
The paper focuses on certain persistent oscillations and aporias in the
development of constitutional jurisprudence regarding double prejudiciality, noting how the ruling in question appears
to anticipate the mandatory recourse to centralized scrutiny on issues of
'Euro-unity constitutionality' in criminal matters.
GIACOMO GIORGINI PIGNATIELLO
(07.02.2025)
Abstract
The paper aims to highlight the importance of the legal implications of
using law as a tool for governing women's bodies. Since the 1960s, part of
legal scholarship has sought to emphasize—particularly in connection with the
civil movements that emerged in the United States—that for centuries, a deeply
rooted patriarchal culture has assigned decisions related to reproduction to
public authority, stripping women of their autonomy. Although not without
challenges, the legal frameworks of the analyzed
constitutional democracies based on common law demonstrate that the regulation
of surrogacy, including commercial surrogacy, is possible without necessarily
leading to the exploitation of women in conditions of social and economic
vulnerability. The role of civil courts in overseeing the emerging relationship
between intended parents and the child—while also considering the surrogate
mother—positions the judiciary as a key guarantor of the child's best
interests. Similar to other sensitive family law matters, this approach ensures
a relational perspective rather than a merely medical-therapeutic one.
CHIARA FINOCCHIARO
Intelligenza artificiale e transizione ambientale: riflessioni e possibili scenari
(03.02.2025)
Abstract
The present paper aims to highlight some of the consequences arising
from the expansion of the phenomenon of artificial intelligence. The evolution
of algorithms, in fact, has generated countless positive impacts but equally
significant dangers. It is therefore necessary to activate a “constitutional
precaution” to preserve the fundamental conditions of human life and nature
over time, also in protection of future generations
Se ed in che senso è appropriato discorrere di una “costituzionalizzazione” dell’Unione europea
(27.01.2025)
Abstract
This paper explores how, unlike in States where the concept of
constituent power is closely tied to traumatic events signaling
constitutional discontinuity – articularly at the
level of the fundamental purposes and values of the legal system – the
evolution of the European Communities, and later the European Union, has
unfolded under the banner of axiological continuity. However, this continuity
has been accompanied by organizational discontinuities that reflect a
supranational constitutional identity in progress. In an institutional context
marked by shared sovereignty between the Union and its member States, judges
(both national and supranational, common and constitutional) have played – and
continue to play – a central role. Within this framework, the Constitution is
reaffirmed as not total but partial, relying on external sources as much as
possible to effectively fulfill its mission, which
remains the recognition and protection of fundamental rights. Additionally,
notions such as Constitution and constituent power are shown to carry different
meanings in distinct institutional contexts, particularly between the States
and the Union. What is clear is that the constitutional identity of the Union
and that of each member State must assert themselves not in opposition to one
another but rather in mutual support, providing reciprocal sustenance and
reinforcement.
DANIELE CASANOVA
Sul ritardo nella nomina dei giudici costituzionali da parte del Parlamento in seduta comune
(27.01.2025)
Abstract
The article examines the issue of delays in the appointment of
constitutional judges by the Parliament in joint session, a problem that
undermines the full functionality of the Constitutional Court and its ability
to effectively perform its duties. Following an initial reflection on the
importance of ensuring a complete and consistently operational Court, the
analysis explores the causes of parliamentary inertia. In its concluding
section, the article evaluates potential remedies, including proposals for constitutional
reforms as well as measures aimed at facilitating the appointment process
within the framework of the current constitutional system.
LORENZO MADAU
Crisi e rilancio della discussione orale nei giudizi della Corte costituzionale*
(27.01.2025)
Abstract
The contribution focuses on the modalities of conducting the public
hearing in the judgments of the Constitutional Court, which was the subject of
the amendment of the Supplementary Rules introduced by by
the Resolution of 24 May 2022, with the aim of introducing a tighter and more
profitable oral discussion between judges and attorneys. The contribution
examines, in particular, the genesis of the reform and the historical context
that led the Court to review its procedural rules on public hearings, with particular
reference to the experience of ‘emergency’ constitutional justice. Moreover,
after examining the content of the reform and its most significant aspects, the
contribution offers a first analysis of the performance of the “new” oral
discussion at the test of the first two and a half years of practical
application, through the empirical examination of the public hearings held from
June 2022 to December 2024.
CHIARA SAGONE
La tutela delle persone con disabilità in evoluzione negli ordinamenti italiano e spagnolo
(13.01.2025)
Abstract
The essay aims to delve deeper into the topic of protection of people
with disabilities, verifying the evolution and degree of attention recently
paid to the issue in the Spanish and Italian legal systems
Consulta OnLine (periodico online)
ISSN 1971-9892