2025/I

gennaio-aprile

 

 

Parte Prima

STUDI

 

 

ANTONIO RUGGERI

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