Academic literature on the topic 'Constitutional law – Italy'
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Journal articles on the topic "Constitutional law – Italy"
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Pollicino, Oreste. "Italy." European Constitutional Law Review 4, no. 2 (June 2008): 363–82. http://dx.doi.org/10.1017/s1574019608003635.
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It is never too late. In two decisions handed down at the end of October 2007, the Italian Constitutional Court seems finally to have begun to take seriously one of the Italian Constitution's fundamental principles: the openness to international law which is embodied in Articles 10, 11 and – the provision chosen by the Constitutional Court in the judgments being examined – 117, paragraph 1 of the Constitution, which was added by the constitutional revision of 2001. In particular, the two decisions focus on the relationship between the Italian constitutional legal order and the Convention for the Protection of Human Rights and Fundamental Freedoms.
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Traser, Julianna Sára, Nóra Béres, György Marinkás, and Erzsébet Pék. "The Principle of the Primacy of EU Law in Light of the Case Law of the Constitutional Courts of Italy, Germany, France, and Austria." Central European Journal of Comparative Law 1, no. 2 (December 9, 2020): 151–75. http://dx.doi.org/10.47078/2020.2.151-175.
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This article examines the relationship among national constitutions, constitutional courts, and the primacy of Community Law in connection with four Member States (Germany, France, Italy, and Austria). It starts with the question of whether national constitutions contain a European Union (EU) clause and explicitly provide for the primacy of Community Law. It examines whether any constitutional restriction or reservation has been elaborated in the case law of constitutional courts, and the extent to which the constitutional courts examined can exercise control indirectly over cases of conformity of EU legislative acts with constitutions or cases of misuse of powers (ultra vires acts). The constitutions examined can be considered uniform in that they contain references to the individual Member States’ relationships with the EU and create the possibility of restricting their competence or sovereignty. However, they do not declare the principle of the primacy of Community Law. As a consequence, the constitutional courts of Member States play a key role in the interpretation of the principle of the primacy of Community Law, including the formulation of constitutional requirements and counterbalances in connection with the enforcement of the principle. A reference to constitutional identity appears in the case law of recent decades, the elements of which are elaborated on and filled with more or less specific content by the constitutional courts on a case-by-case basis. In the event of a possible violation of constitutional identity or principles with unconditional effectiveness, some constitutional courts exclude the possibility of Community Law being invoked against the constitution of a Member State, but at least on a case-by-case basis, they maintain the possibility of inapplicability or of creating compatibility. In the latter respect, the article also addresses the limited nature of the powers of constitutional courts to examine the compatibility of EU Treaties and their amendments with the constitution of a Member State (see ex-ante or ex-post review, procedural or substantive examination).
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Frowein, JA. "Constitutional law and international law at the turn of the century." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2898.
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Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts. Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal. Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction. The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system. In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community ofnations. International law has also been instrumental in the worldwide recognition of human rights. Especially in Europe, Convention Law has had a strong impact. Furthermore, global and regional systems of regulation have tended to alter the legal attitude towards state sovereignty. It may be that the South African constitutional approach in terms of which international law is subject to constitutional and other national law, is not in line with international tendencies.
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Faraguna, Pietro. "Regulating Religion in Italy." Journal of Law, Religion and State 7, no. 1 (February 7, 2019): 31–56. http://dx.doi.org/10.1163/22124810-00701003.
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This article focuses on state-church relations and on the peculiar implementation of the “idea of secularism” in Italy. First, it explores the formal provisions of the 1848 Constitution. Next, it investigates constitutional provisions that came into force in 1948. Finally, it examines how the actors of the living constitution (legislators, the government, judges, and the Constitutional Court in particular) tried to balance and develop the potentially conflicting principles included in the 1948 Constitution in the area of religious freedom, equality, and state-church relations. The article explores three particularly controversial examples: the teaching of religion in state schools; the display of the crucifix in classrooms; and state funding mechanisms of religious denominations. The main claim of the article is that, with regard to the regulation of religion in Italy, the transformation of the constitutional position of religion did not occur within the formal constitution, but in the “living constitution.”
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Mangione, Gariella. "The European Dimension to the Constitution of the Republic of Italy." Comparative Law Review 28 (December 13, 2022): 411–34. http://dx.doi.org/10.12775/clr.2022.014.
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Italy was one of the countries that signed the Treaty of Rome in 1957, which created the European Economic Community. Despite initial resistance and the numerous difficulties encountered during subsequent years, the choice to commit to Europe was widely shared, becoming irreversibly embedded in the national consciousness. However, whilst other legal systems chose at various stages of their European journey to amend their constitutions by incorporating a European clause, this never happened in Italy. Italy did not change its Constitution as a result of joining the European Economic Community, and has not done so subsequently after becoming part of the European Union with the Maastricht Treaty, following the adoption of the Treaty of Lisbon, nor indeed at any subsequent stage in the process of European integration. It was only in 2001, with the reform of Title V of the Constitution involving changes in the allocation of powers between the state, the regions, and the local authorities, that the expression “Community law” was incorporated into the Constitution. Given the absence of a European clause, the relationship between the Italian Constitution and Europe has been shaped by the Constitutional Court. First and foremost, it interpreted Article 11 of the Constitution, which lays down a generic clause intended to enable the exercise of sovereign powers by international organizations, in such a manner as to bring the European project within its scope. The Constitutional Court developed its case law in its subsequent decisions, even though progress was at times hardfought, and in some cases marked by contradictions; Italy’s cohabitation with Europe was undoubtedly welcome, but this did not mean that it was painless.
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Eusepi, Giuseppe. "Book Review: Constitutional Politics in Italy: The Constitutional Court." International Criminal Justice Review 12, no. 1 (May 2002): 120–21. http://dx.doi.org/10.1177/105756770201200113.
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Gambale, Piero. "The Environment and its Protection as Fundamental Principle of the Italian Constitution: A Constitutional Innovation that Looks to Future Generations?" Gdańskie Studia Prawnicze, no. 4(56)/2022 (December 15, 2022): 111–15. http://dx.doi.org/10.26881/gsp.2022.4.09.
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This article deals with two innovative aspects of Italian Constitutional Law. Firstly, the revision made by constitutional law no. 1/2022 that introduced (in art. 9 and 41 of the Italian Constitution) the principle according to which the Republic protects the environment, biodiversity, and ecosystems in the interest of future generations. Secondly, this article points out a recent trend in the constitutional reform process in Italy, particularly in the XVIII Legislature, that constitutional reforms are increasingly being implemented through specific/sectoral amendments. Apart from characterizing the indicated innovations, I also draw attention to their minor systemic consequences.
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Mirate, Silvia. "A New Status for the ECHR in Italy: The Italian Constitutional Court and the New ‘Conventional Review’ on National Laws." European Public Law 15, Issue 1 (February 1, 2009): 89–110. http://dx.doi.org/10.54648/euro2009006.
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The article aims to provide an analysis of the two judgments of the Italian Constitutional Court No. 348 and No. 349 dated 24 October 2007, which considered Article 117, paragraph 1, of the Italian Constitution as a constitutional rule granting superior legal authority to the European Convention over and above ordinary domestic statute law. A domestic law in contrast with the provisions of the Convention, as interpreted by the European Court, violates Article 117, paragraph 1, of the Italian Constitution and it must be declared unconstitutional by the Constitutional Court. In particular, the Constitutional Court has declared unconstitutional Article 5–bis, of the Law No. 359 dated 8 August 1992 (and of the following Article 37, paragraphs 1 and 2, of the Code of Expropriation Provisions, Presidential Decree No. 327 dated 8 June 2001) on the refund for legitimate expropriation and on the compensation awarded for the Italian public administrations’ practice of ‘constructive expropriation’, because they were calculated according to a criterion in contrast with Article 1 of Protocol No. 1 European Convention on Human Rights (ECHR), as interpreted by the Strasbourg case law. The solution, adopted by the Constitutional Court, is very interesting and almost ‘revolutionary’, since it underlines the new place accorded to the ECHR in the Italian legal system in the last years, especially by the ordinary courts and finally by the Constitutional Court too.
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Darijus, Beinoravičius, Mesonis Gediminas, and Vainiutė Milda. "The Role and Place of the Preamble in Lithuanian Constitutional Regulation." Baltic Journal of Law & Politics 8, no. 2 (December 1, 2015): 136–58. http://dx.doi.org/10.1515/bjlp-2015-0022.
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Abstract While analysing constitutions of various countries in the legal literature, typically not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state’s constitution has a unique structure, certain regularities can be discerned. The analysis of the structure of various constitutions leads to the conclusion that normally each constitution consists of the following standard structural parts: the preamble, the main part, the final, transitional or additional provisions, and in some constitutions there can also be annexes. The article confirms that most constitutions begin with an introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered a significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts the constitution. The preamble is not only a political, ideological, and/or philosophical category; it undoubtedly also carries a legal burden, therefore it is considered to have legal validity. Preambles are characterized as having a so-called higher style; they are usually formulated not in compliance with the requirements of legal technique.
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Jachimowicz, Katarzyna, and Maciej Serowaniec. "VIII polsko-włoskie kolokwium prawnicze: „Zmiany konstytucji we Włoszech i w Polsce z perspektywy historycznej, teoretycznej i praktyki ustrojowej”, poświęcone pamięci dr. Stanisława Morawskiego. Mrągowo, 8–11 września 2021 r." Przegląd Konstytucyjny, no. 1 (2022) (June 2022): 187–92. http://dx.doi.org/10.4467/25442031pko.22.008.15734.
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8th Polish-Italian Judicial Colloquium: “Constitutional amendments in Italy and Poland from historical, theoretical and constitutional practice perspectives”, dedicated to the memory of Dr. Stanisław Morawski. Mrągowo, 8–11 September 2021 The Faculty of Law and Administration of the Nicolaus Copernicus University in Toruń organised the 8th Polish-Italian Judicial Colloquium from 8 to 11 September 2021. The conference was devoted to the issues of constitutional amendments in Italy and Poland from historical, theoretical and constitutional practice perspectives. The Colloquium’s partners were the Faculty of Law and Administration of the University of Warmia and Mazury in Olsztyn and the City of Mrągowo.
Dissertations / Theses on the topic "Constitutional law – Italy"
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Cavaliere, Patrick Anthony. "Crime and punishment in Fascist Italy : a constitutional analysis of political criminal justice from the liberal state to the drafting of the Rocco Code." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260008.
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Hirt, Michael. "The constitutions of Italy, the Federal Republic of Germany and the United States of America in relation to Article 22 of the Warsaw Convention /." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59931.
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Article 22 of the Warsaw Convention, 1929 limits the liability of the air carrier in the event of death or wounding of a passenger to 125,000 Francs-Poincare based on a defined gold value. In 1955, the limitation has been raised to 250,000 Francs-Poincare.As gold has lost its special position in the monetary system the value of the limitation of liability has decreased and some plaintiffs have argued that the limitation of liability is unconstitutional.
The Warsaw System is presented, the grounds for a limitation of liability, and Article 22 are analyzed. The relationship between municipal law and international law is described. The constitutionality of Article 22 is examined for the jurisdictions of Italy, the Federal Republic of Germany and the United States of America. Those lines of argumentation that could be used to challenge Article 22 in all constitutional systems similar to those of the abovementioned States are presented.
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Frasnelli, Denise. "Minority and Regional Languages in the European Union: Ireland, Italy and Spain." Bachelor's thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amslaurea.unibo.it/16529/.
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The European Union and the single States have different laws and regulations protecting linguistic rights. In this dissertation we have a look at three different situations, namely those of Ireland, Italy and Spain. We see which legal arrangements have been made in order to protect the cultural heritage and the usage of minority and regional languages in each State.
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Vigato, Elisabetta. "Il federalismo fiscale in Italia. Dal paradigma costituzionale ai tentativi per la sua realizzazione." Doctoral thesis, Università degli studi di Padova, 2012. http://hdl.handle.net/11577/3426193.
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This thesis aims to analyze the federalizing process in Italy, from its origins to the most recent developments.
It is divided into six chapters and describes the implementation of the federalizing process, exploring the laws, the activity of the Constitutional Court and the main literature about this topic.
Chapter one outlines the evolution of local finance in Italy, passing through Risorgimento, the process of unification, the Giolitti era, the First World War and the Fascist period. This dissertation deals also with reforms carried out during the Fifties and the Sixties and points out the relationship between central and local finance during the Seventies, the Eighties and the Nineties.
Chapter two explores the constitutional basis of federalism, represented by Article 119 of the Constitution. The first topic of research is the description of fiscal autonomy, comparing the text of Article 119 with the previous formulation, and focusing the relationship between Article 119 and Article 117 of the Constitution.
The second topic of research aims to describe the main case law dealing with fiscal federalism, from 2001 to 2009.
Chapter three focuses on the first legislative «attempts» to realize fiscal federalism. In fact, there were some laws that tried to reform the relationship between central and local power, from the financial point of view, even before the reform of Title V of the Constitution. Other laws tried to do the same after 2001. It is necessary to wait until 2009, when it was approved Law n. 42/2009, to start to develop a complete system of fiscal federalism.
Chapter four examines the main contents, the reaction of institutional system and the main literature about Law 42/2009. In particular, the dissertation deals with the thirty one principles of the new fiscal federalism, with the new structure of regional and local finance and with the equalization system.
Chapter five explores the effects of the recent Legislative Decrees of implementation of fiscal federalism.
Chapter six outlines the realization of federalizing process into the special regions. The analysis focuses mainly on the articles of Law 42/2009 and of the decrees which produce effects on these regions, directly and indirectly. The dissertation explores also three Acts between special regions and Government, in order to change the financial parts of their Statutes.Il presente lavoro si propone di analizzare il processo evolutivo del federalismo fiscale in Italia. La trattazione è articolata in sei momenti, allo scopo di verificare lo stato di attuazione del federalizing process, dando conto degli interventi legislativi in materia, dell'attività interpretativa della Corte costituzionale e delle principali acquisizioni dottrinali maturate nel dibattito scientifico. Il capitolo I ripercorre l'evoluzione della finanza locale in Italia, dal Risorgimento italiano, culla delle prime teorie federaliste, alle riforme a Costituzione invariata poste in essere negli anni Novanta. All'interno di questa ampia cornice storica, si approfondiscono le declinazioni del rapporto tra finanza statale e locale, passando attraverso l'unità d'Italia, l'età giolittiana, la Grande guerra ed il ventennio fascista. Si illustrano, inoltre, i lavori dell'Assemblea costituente relativi all'art. 119 Cost., per poi analizzare gli elementi distintivi della fase di «autoderminazione tributaria» che caratterizza gli anni Cinquanta e Sessanta. Si approfondiscono, quindi, i contenuti delle riforme degli anni Settanta, dando particolare rilievo al criterio della spesa storica, nonché i principali interventi di politica fiscale degli anni Ottanta e Novanta. Il capitolo II riguarda il fondamento costituzionale del federalismo fiscale. Muovendo dalla disciplina costituzionale in materia di decentramento, ad opera della l. cost. n. 3/20001, il lavoro si concentra sul parametro di riferimento del federalismo fiscale, l'art. 119 Cost. Dopo aver descritto le principali posizioni elaborate nel panorama dottrinario italiano, si offrono riflessioni in punto di autonomia impositiva, si verificano le connessioni con l'art. 117 Cost., si analizzano le principali problematiche relative al fondo perequativo, alle risorse aggiuntive, agli interventi speciali e alla c.d. golden rule. Una parte considerevole del capitolo sviluppa inoltre i percorsi tracciati dall'attività interpretativa del Giudice delle Leggi durante il periodo di inattuazione del rinnovato dettato costituzionale. Quale criterio per la disamina, si distinguono le pronunce relative all'autonomia di entrata da quelle afferenti all'autonomia di spesa. Il capitolo III focalizza i primi tentativi legislativi di attuazione del federalismo fiscale. Metodologicamente, si sceglie di considerare gli interventi legislativi precedenti alla riforma costituzionale del 2001 (l. n. 133/1999 e d.lgs. n. 56/2000) e quelli successivi (c.d. bozza lombarda e disegno di legge Prodi del 2007). Tali provvedimenti sono esaminati tenendo in adeguata considerazione i principali contenuti, gli elementi di novità nonché i profili problematici e verificando il tutto alla luce delle diverse opinioni maturate nel dibattito scientifico. Il capitolo IV è esclusivamente dedicato alla legge 5 maggio 2009, n. 42 recante Delega al Governo in materia di federalismo fiscale, in attuazione dell'articolo 119 della Costituzione. L'incipit della disamina è costituito dai lavori preparatori alla legge, in relazione ai quali si espongono le principali reazioni del sistema istituzionale e della dottrina che ne hanno accompagnato l'iter di formazione. In prosieguo, si analizzano i contenuti della legge, muovendo dall'ambito di intervento alla portata innovativa delle finalità. Si dedica, quindi, un focus specifico ai trentuno principi e criteri direttivi in essa contenuti, nonché alle interazioni tra gli organi di governance del federalismo fiscale istituiti dalla stessa delega (la Commissione tecnica paritetica per l'attuazione del federalismo fiscale, la Commissione parlamentare per l'attuazione del federalismo fiscale e la Conferenza permanente per il coordinamento della finanza pubblica). Si descrive la struttura della nuova finanza regionale e locale e il sistema perequativo, specificando, infine, le scelte operate dalla legge in materia di interventi speciali e perequazione infrastrutturale. Il capitolo V tratta le innovazioni poste in essere ad opera degli otto decreti legislativi di attuazione. Il legislatore delegato ha elaborato, nei due anni previsti per l'esercizio della delega, otto provvedimenti di attuazione: il d.lgs. n. 85/2010, in materia di federalismo demaniale; il d.lgs. n. 156/2010 recante l'ordinamento transitorio di Roma capitale; il d.lgs. n. 216/2010 sui fabbisogni standard di Comuni, Città metropolitane e Province; il d.lgs. n. 23/2011 in materia di autonomia finanziaria dei Comuni; il d.lgs. n. 68/2011 sull'autonomia tributaria di Regioni e Province e costi standard in sanità; il d.lgs. n. 88/2011 in materia di risorse aggiuntive e interventi speciali; il d.lgs. n. 118/2011 recante armonizzazione dei sistemi contabili e dei bilanci di Regioni ed enti locali e, infine, il d.lgs. n. 149/2011 sui meccanismi sanzionatori e premiali per Regioni, Province e Comuni. Il capitolo VI approfondisce, infine, il tema dell'attuazione del federalismo fiscale nelle Regioni a statuto speciale. Si analizzano, anche alla luce dei rilievi evidenziati in ambito scientifico, le disposizioni della l. n. 42/2009 direttamente e indirettamente applicabili alle Regioni speciali, e quelle che, nei decreti legislativi di attuazione, riguardano precipuamente le autonomie speciali. Si dedica quindi un approfondimento ai protocolli d'intesa siglati da alcune Regioni speciali con il Governo, posti in essere nel 2009 e nel 2010, ai fini di modificare gli statuti speciali nella loro parte finanziaria.
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NARDINI, William J. "Italian constitutional court decisions upholding unconstitutional laws : cautionary tales for a US balanced budget amendment." Doctoral thesis, 1998. http://hdl.handle.net/1814/5609.
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DI, GREGORIO Laura. "The necessary criteria for legal reasonableness in Italian constitutional adjudication." Doctoral thesis, 2001. http://hdl.handle.net/1814/4611.
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PONTHOREAU, Marie-Claire. "La reconnaissance des droits non-ecrits par les cours constitutionnelles italienne et francaise : Essai sur le pouvoir createur du juge constitutionnel." Doctoral thesis, 1991. http://hdl.handle.net/1814/4754.
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Defence date: 29 November 1991Examining board: Prof. B. de Witte, I.U.E., superviseur ; Prof. L.M. Diez-Picazo, I.U.E. ; Prof. J.C. Escarras, Toulon ; Prof. A. Pizzorusso, Pise ; T. Renoux, Aix-Marseille ; Prof. M. de Villiers, Nantes
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CARTABIA, Marta. "Principi supremi dell'ordinamento costituzionale e integrazione Europea." Doctoral thesis, 1993. http://hdl.handle.net/1814/4591.
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Defence date: 19 February 1993Examining board: Prof. Antonio Baldassarre ; Prof. Paolo Caretti ; Prof. Renaud Dehousse ; Prof. Bruno de Witte (supervisor) ; Prof. Valerio Onida ; Prof. Federico Sorrentino
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GNES, Matteo. "Diritto comunitario e tutela del cittadino nei confronti dei pubblici poteri." Doctoral thesis, 2000. http://hdl.handle.net/1814/4643.
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Defence date: 1 June 2000Supervisor: L.-M. Diez Picazo ; Jury members: J. Ziller, Y. Mény
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In conseguenza del processo di integrazione europea, i cittadini dei paesi membri dell’Unione europea si trovano ad essere soggetti non solo alla normativa nazionale, ma anche - nei settori e nelle materie in cui i paesi membri hanno rinunciato alla propria esclusiva sovranità per trasferirla all’Unione - a quella comunitaria. Il che, da un lato, può portare ad una ulteriore complicazione dei rapporti tra le pubbliche istituzioni ed i cittadini, ma, dall’altro lato, può altresì portare ad una maggiore omogeneità nell’applicazione del diritto dei paesi comunitari, dato che la legislazione e l’interpretazione dei principi comunitari fanno (quasi) sempre riferimento ai principi comuni derivati dai vari paesi membri. Nei paesi dell’Europa comunitaria il paradigma che voleva esclusivamente bilateri i rapporti tra cittadino e Stato (ovvero tra cittadino e pubblica amministrazione) non trova più esclusiva applicazione1: infatti in aree cruciali per la vita economica dei paesi comunitari (dall’agricoltura alla concorrenza, dal credito alle imposte sul valore aggiunto), l’intervento comunitario é divenuto sempre maggiore, per non dire dominante.
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O'CONNELL, Rory. "Who's afraid of natural law? : a comparative look at the use of political morality in constitutional decision-making in Canada, Ireland and Italy." Doctoral thesis, 1997. http://hdl.handle.net/1814/4732.
Full textBooks on the topic "Constitutional law – Italy"
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Onida, Valerio. Constitutional law in Italy. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2013.
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Constitutional politics in Italy: The constitutional court. Houndmills, Basingstoke, Hampshire: Macmillan Press, 2000.
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Baldassarre, Antonio. Introduzione alla costituzione. Roma: Laterza, 1986.
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Russo, Bruno Di Giacomo. La nostra Costituzione. Napoli: Editoriale scientifica, 2014.
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Fagiolo, Giovanni. La Costituzione della Repubblica italiana: L'iter parlamentare articolo per articolo. Roma: Logos, 1992.
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Traversa, Silvio. Il Parlamento nella Costituzione e nella prassi: Studi. Milano: Giuffrè, 1989.
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Catelani, Elisabetta. La determinazione della "questione di legittimità costituzionale" nel giudizio incidentale. Milano: Giuffrè, 1993.
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La Costituzione ieri e oggi: Convegno, Roma, 9-10 gennaio 2008. Roma: Bardi, 2009.
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Canevari, Fabrizio Miani. Costituzione e protezione sociale: Il sistema previdenziale nella giurisprudenza della Corte costituzionale. Torino: G. Giappichelli, 2007.
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Baglay, Marat. Constitutional law of foreign countries. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1569641.
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The fifth, significantly revised edition of the textbook highlights the basic concepts and institutions of foreign constitutional law, reveals its subject, system, sources. The issues of the legal status of the individual, forms of the state, local self-government, etc. are comprehensively analyzed.
In the interests of a more in-depth and integral, comprehensive understanding of the state system of the leading countries, the textbook includes chapters on the USA, Great Britain, France, Germany, Italy, Spain, the Nordic countries, Japan, China, India, the Arab states, the EAEU countries, Uzbekistan. Special chapters contain regional reviews of the main constitutional and legal institutions.
For students, postgraduates and teachers of law schools and faculties.
Book chapters on the topic "Constitutional law – Italy"
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Ceccherini, Eleonora. "Intergovernmental relationships in Italy." In Federalism and Constitutional Law, 65–81. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003104469-6.
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Celotto, Alfonso. "Italy and Its Constitutional Court." In European Yearbook of Constitutional Law 2019, 67–95. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-359-7_4.
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Selvaggi, Nicola. "Populism and Criminal Justice in Italy." In Italian Populism and Constitutional Law, 291–310. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-37401-3_15.
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Blokker, Paul. "Populism and Constitutional Reform. The Case of Italy." In Italian Populism and Constitutional Law, 11–38. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-37401-3_2.
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Catelani, Elisabetta, and Pietro Milazzo. "Solidarity and Constitutional Law in Italy and Other European Countries." In Solidarity in International Law, 47–67. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003225959-4.
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Annicchino, Pasquale. "“Le cose sono un po’ più complesse”: Constitutional Law and Religion in Italy and the Populist Challenge." In Italian Populism and Constitutional Law, 241–54. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-37401-3_12.
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Paulus, Andreas L. "Between a Rock and a Hard Place: Italian Concerns Between Constitutional Rights and International Law." In Remedies against Immunity?, 337–42. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_18.
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AbstractSentenza 238/2014 has led to a sharp dissonance between the international law of state immunity as interpreted by the International Court of Justice (ICJ) and Italian constitutional law as understood and applied by the Corte Costituzionale. While the interpretation and application by the Italian Constitutional Court (ItCC) of the access-to-courts provision in the Italian Constitution may not have been inevitable, this does not remove the need for finding a solution to the stalemate between international and domestic law. On the one hand, the easy solution, namely that the rejection of German state immunity from jurisdiction does not necessarily remove immunity from execution into German property, appears unlikely to be accepted by the ItCC because it would give stones rather than bread to the complainants and render court access a futile exercise. On the other hand, bringing Sentenza to its logical conclusion would result in Italy having to return to Germany what Italian courts took from her by requiring compensation—either by way of the general international law of restitutio in integrum, which the Corte Costituzionale has neither contemplated nor contradicted, or by way of the 1961 Treaty between Germany and Italy in which Italy promises to indemnify Germany against any further claims. Thus, a compromise would have to distinguish between full access to the Italian courts notwithstanding international immunity—as required by the ItCC—and substantive law, which could accept a more symbolical recognition of the suffering of the victims. That recognition could stem from a direct source other than the two states involved, such as a common fund, and address only the small group of immediate victims who were unjustly, if arguably legally, excluded from the previous compensation scheme of the 1960s. It is by no means certain, however, whether such an outcome would be acceptable to all sides—including the Corte itself. Thus, legal certainty would have to be established as quickly as possible so that the victims can still receive at least symbolic compensation.
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Mattarella, Bernardo Giorgio. "Sentenza 238/2014: EU Law and EU Values." In Remedies against Immunity?, 209–13. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_10.
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AbstractThe relationship between Judgment 238/2014 of the Italian Constitutional Court and EU law is, at first glance, apparently weak, as the subject matter of the former is not governed by the latter, nor there have been any judgments from EU courts regarding the case. However, if one considers the origin and purpose of the EU itself and the state of relations between Italy and Germany, one cannot help but examine the case from a European law perspective. Judgment 238/2014 is relevant to European law in several ways, all of which concern not only military cooperation in the EU but also the protection of human rights, the risk of forum shopping and, above all, how reliable member states are in their mutual relations. European law in turn is relevant to the present case not so much because it offers solutions but because it shows a method for settling clashes between legal systems and illustrates its inherent difficulties. Sentenza 238/2014 is an unpersuasive judgment and can be criticized from different angles: the legal one (international and constitutional law), the factual reconstruction and the judgment’s likely effects. There are, however, two possibilities of resolving the situation that Sentenza has produced: firstly the legal one, which involves the use of all possible tools to limit its effects; and secondly the diplomatic one, which implies further negotiations. European law does not provide a ground for a preference between these two options, but it suggests that none of these ways is neglected.
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Tomuschat, Christian. "The Illusion of Perfect Justice." In Remedies against Immunity?, 55–70. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_3.
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AbstractThe judgment of the Italian Constitutional Court (ItCC) of 22 October 2014 has set a bad precedent for international law by denying the implementation, within Italy, of the judgment of the International Court of Justice (ICJ) of 3 February 2012. The ICJ found that Italian courts and tribunals had violated German jurisdictional immunity by entertaining suits brought by Italian citizens against Germany on account of damages caused by war crimes committed during World War II by German occupation forces. According to a well-consolidated rule of general international law, no state may be sued before the courts of another state with regard to acts performed in the exercise of its sovereign power. In contravention of Article 94 of the UN Charter, the ItCC deemed it legitimate to discard that ruling because of the particularly grave character of many of the violations in question. It proceeded from the assumption that the right to a remedy established under the Italian Constitution was absolute and must apply even where the financial settlement of the consequences of armed conflict is at issue. However, it has failed to show the existence of any individual reparation claims and has omitted to assess the issue of war reparations owed by Germany in their broader complexity. The judgment of the ItCC might be used in the future as a pretext to ignore decisions of the World Court.
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Boggero, Giovanni, and Karin Oellers-Frahm. "Between Cynicism and Idealism: Is the Italian Constitutional Court Passing the Buck to the Italian Judiciary?" In Remedies against Immunity?, 281–309. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_15.
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AbstractIn this chapter we focus on the consequences of Sentenza 238/2014 for the Italian judiciary. The judgment of the Corte Costituzionale obliges the Italian tribunals to admit claims for the reparation of victims or the heirs of victims and to decide on the merits. In this context, a series of difficult legal questions arise that require consistent answers. The practice shows, however, that consistent answers cannot be taken for granted as long as the decision is in the hands of lower-level tribunals. The questions to be solved concern, firstly, who can bring a claim: the victims only or—in cases where they are no longer alive—also their spouses, children, or even grandchildren and other family members? This raises a second question namely whether there is any time limit for bringing claims, which of course touches upon more general concerns, such as intertemporal law, statutory limitations, prescriptions, forfeiture and inadmissibility due to reparation agreements. Thirdly, there is the question as to the specific nature of the reparations: for example, financial reparations and their calculation standards, or satisfaction only? A further question arising from all decisions granting reparation relates to the execution of the judgments, as it seems rather illusory that Germany will comply voluntarily with such judgments. An additional aspect the chapter addresses is the broader impact of the decisions of the Italian judiciary: the non-recognition of state immunity before Italian tribunals will make Italy an attractive forum for similar claims, evidence of which has already emerged. Furthermore, the decisions of the tribunals will serve—although certainly involuntarily—as precedents in similar cases not only in Italy. Such effects will concern issues such as (a) the reparation of war-related claims on an individual basis and (b) their consequences for the readiness of states to terminate armed activities by concluding peace treaties and reparation agreements on a lump sum basis. With a view to actual armed conflicts that are mostly not international armed conflicts the question has then to be asked (c) whether individual reparation claims will lead to discriminatory consequences as reparation will probably only be realizable for victims of war crimes committed by state organs and not those committed by non-state actors. The chapter will then conclude by trying to assess more in general the task of constitutional and/or supreme courts to balance the consequences flowing from their decisions against their power or intent to enhance the development of (international) law.
Conference papers on the topic "Constitutional law – Italy"
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Karaman, Ebru. "Structure of the Constitutional Courts in Comparative Law: Macedonia, Turkey, Germany, Austria, France, Italy and Spain." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01158.
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When the legislative has delimited rights and freedoms illegally, Constitutional Court should step in as an efficient assurance and this forcefulness is undoubtedly related to the structure of the Constitutional Court. The Constitutional Court's organization and election of the members of the Constitutional Court and status have a great importance for freedom of the Court. As a matter of fact, the only way to protect people’s fundamental rights and freedoms is possible with independent verdict. Judiciary which fulfills the function of judgment behalf of the nation and the judges who hold the judicial power, have an indispensable importance. The assurance of people’s right and freedoms could be provided only, when the court has accomplished their mission away from all kinds of pressure and influence. The freedom of judges also means their appointments, employee rights and working condition therefore; in first place, the organization of the Turkish Constitutional Court (General Assembly, Department, Division, Commission), then the election of members of the Turkish Constitutional Court and the status are compared with the regulation of Macedonia, Germany, Austria, France, Italy and Spain.
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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.