To see the other types of publications on this topic, follow the link: Constitutional law – Italy.
Journal articles on the topic 'Constitutional law – Italy'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Constitutional law – Italy.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Pollicino, Oreste. "Italy." European Constitutional Law Review 4, no. 2 (June 2008): 363–82. http://dx.doi.org/10.1017/s1574019608003635.
Full textAbstract:
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.
2
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.
Full textAbstract:
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).
3
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.
Full textAbstract:
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.
4
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.
Full textAbstract:
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.”
5
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.
Full textAbstract:
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.
6
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.
Full text
7
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.
Full textAbstract:
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.
8
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.
Full textAbstract:
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.
9
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.
Full textAbstract:
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.
10
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.
Full textAbstract:
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.
11
Faro, Sebastiano. "Italy – New Perspectives in Administrative and Constitutional Reform." European Public Law 3, Issue 4 (December 1, 1997): 501–12. http://dx.doi.org/10.54648/euro1997047.
Full text
12
Bichkov, Іgor. "The Kelsen model of constitutional jurisdiction as the theoretical basis of the European system of constitutional justice." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 131–36. http://dx.doi.org/10.36695/2219-5521.1.2020.25.
Full textAbstract:
The article is devoted to the study of the content of the model of constitutional jurisdiction proposed by H. Kelsen, which at one time actually became the theoretical basis of the modern European system of constitutional justice. It is stated that the model formulated by a well-known Austrian law theorist not only envisaged instrumental-institutional proposals for the creation of a new public authority, but also embodied the definite concept of common sense of law defined by Kelsen, which was based on the ideas of a hierarchical legal system acts of the Constitution as the law of the highest legal force. It is substantiated that the model proposed by H. Kelsen substantially outstripped the existing legal reality and was used almost in its purest form by most European countries, and in particular was directly reflected in the domestic model of constitutional jurisdiction.
It is noted that, according to Kelsen's concept in a number of papers, in particular in the Judicial Review of Legislation: A Comparative Study of the Austrian and American Constitutions, the constitutionality of legislation can be ensured in two separate ways, both of which were enshrined in the Austrian Constitution of 1920: the responsibility of the body that issued the unconstitutional norm and the non-application of the unconstitutional norm. Non-application of a constitutional rule could be achieved by giving law enforcement authorities the power to review the constitutionality of a rule they must apply in a particular case and refuse to apply it in that particular case, if there is reason to consider such a rule unconstitutional. A similar mechanism has actually been introduced in the United States. The fact that a law enforcement authority recognizes a general rule as unconstitutional and does not apply it in a particular case meant that that authority was empowered to revoke the general rule for a particular case, and only for a specific case, since the general rule as such (normative act) remains applicable and may be applied in other specific cases. The disadvantage of this fuse is that different law enforcement agencies may have differing views on the constitutionality of a law, whereby one authority can apply it as it considers constitutional, while another authority will refuse to apply it because it will see signs of unconstitutionality. The lack of unanimity in deciding whether a law is constitutional, that is, whether a constitution is violated, carries great danger for the authority of the constitution.
In most European countries, it is stated that H. Kelsen's concept was used almost in its purest form, with one exception: the powers to directly protect constitutional rights and freedoms were given to a separate judicial authority. The extension of the appropriate model of judicial constitutional control and the formation of constitutional courts fell in the second half of the twentieth century, when the need to prevent the return of Nazism caused a qualitatively new level of attention to the phenomenon of constitutional justice. The formation of new post-war constitutional-democratic regimes in Germany, Italy, Austria, and later in Spain and Greece, provided for the creation of a mechanism by conferring on the constitutional courts powers to protect constitutional rights and freedoms from usurpation of public power.
13
Drinóczi, Tímea. "Constitutional Identity in Europe: The Identity of the Constitution. A Regional Approach." German Law Journal 21, no. 2 (February 2020): 105–30. http://dx.doi.org/10.1017/glj.2020.1.
Full textAbstract:
AbstractThe issue of “constitutional identity” is a topic the relevance of which emerges in contemporary constitutional democracies in the context of constitutional changes. It has already attracted multilayered approaches, but its legal conceptualization is still underexposed. Based on regional European jurisprudence and doctrinal works, “constitutional identity” in a legal context is suggested to be viewed as the “identity of the constitution.” The identity of the constitution is found among provisions of constitutional texts and related jurisprudence that specifically and exclusively feature a status that was constituted during the constitution-making process and shaped by either formal or informal constitutional amendments. The legally applicable “identity of the constitution” comprises those articles that can be employed vis-à-vis EU law and unconstitutional amendments, and which are arguably intended to be applied in the face of international human rights obligations. It is posited that Germany and Hungary exemplify the “confrontational with EU law model,” while the model that emerged in the jurisprudence of the Italian Constitutional Court should be called the “cooperative model with embedded identity.” Today, it seems that the very content of the identity of the constitution of a particular Member State may be shaped and preserved through an active and cooperative dialogue between the supranational and national courts, if there is an inclination to find uniqueness in a community based on common legal traditions and values—Germany and Italy. Another way of determining the content of “constitutional identity” is to fiercely try to demonstrate that uniqueness. This is what Hungary seems to be engaged in, and that is why it may be proposed to call the Hungarian model a model of confrontational individualistic detachment.
14
Pasquino, Pasquale. "Constitutional Adjudication and Democracy. Comparative Perspectives: USA, France, Italy." Ratio Juris 11, no. 1 (March 1998): 38–50. http://dx.doi.org/10.1111/1467-9337.00075.
Full text
15
Ferrari, Erminio. "Planning, Building and Environmental Law After the Recent Italian Devolution." European Public Law 8, Issue 3 (September 1, 2002): 357–65. http://dx.doi.org/10.54648/5095463.
Full textAbstract:
In this article, Professor Erminio Ferrari examines the impact of the recent Italian devolution on the system of building and planning regulation in Italy. These recent developments have taken place in the context of a constitutional reform which has altered the nature of devolved government in Italy. However, the revision failed to attend to many matters of detail, with consequential problems for interpretation and application.
16
Palombino, Fulvio Maria. "Italy’s Compliance With ICJ Decisions vs. Constitutional Guarantees: does the “Counter-limits” Doctrine matter?" Italian Yearbook of International Law Online 22, no. 1 (2013): 185–200. http://dx.doi.org/10.1163/22116133-02201009.
Full textAbstract:
One of the most common obstacles to the domestic enforcement of international decisions is represented by the presence of a constitutional impediment. Indeed, most national constitutions, though open to international law, can prevent the implementation of an international decision, insofar as the latter conflicts with the basic principles of the constitutional order. This article argues that in such cases it is necessary to preserve a space where the State continues to retain full sovereignty and whose protection acts as an unbreakable “counter-limit” to the limitations deriving from the international legal order (“counter-limits” doctrine). Yet recent judicial and legislative practice in Italy concerning the implementation of the ICJ decision in Jurisdictional Immunities of the State seem to overlook the need to preserve this “space”. As a consequence, certain fundamental constitutional guarantees, such as the right of access to justice, the rule of res judicata and the principle of non-retroactivity of the law, have inescapably ended up being compromised.
17
Galetta, Diana-Urania. "European Union Law in the Jurisprudence of Italian High Courts: Is the Counter- Limits Doctrine a Dog That Barks but Does Not Bite?" European Public Law 21, Issue 4 (December 1, 2015): 747–63. http://dx.doi.org/10.54648/euro2015042.
Full textAbstract:
In many Member States Community law has been accepted through the adoption of specific rules of a constitutional nature, in order to identify the specific position of European Union (EU) Law within the national legal system. This was not the case for Italy where, for a long period of time, no special rule of a constitutional nature has been adopted for this specific purpose. In this complex situation the Italian Constitutional Court has constantly stressed the need to protect the fundamental principles of our constitutional law and the inalienable rights afforded to human beings and had identified both as part of a nucleus of Italian constitutional norms resistant to Community norms (controlimiti). Even after the adoption of the Treaty of Lisbon – where, thanks to Article 4 paragraph 2 TUE and Article 53 of the Charter of Fundamental Rights, a ‘unionization’ of the counter-limits has taken place – the Italian Constitutional Court, in a recent judgment of October 2014, has referred again to its mantra-like counter-limits doctrine. Nevertheless, even if usually barking dogs do not bite, it is the author’s opinion that the counter-limits doctrine should be, once and for all, abandoned and replaced by another issue: the introduction of a specific provision about the European Union into our national Constitution. The real challenge, today, is not who or what prevails over who or what. The real challenge is to be able to create a workable and effective cooperative relationships ‘Verfassungsverbund’, replacing confrontation and fight for the last word with an ongoing, on mutual trust based dialogue between high Courts.
18
de Gioia-Carabellese, Pierre. "Bail-in: Do Italians Do It Better (or Worse, or Not at All)?" European Business Law Review 32, Issue 1 (February 1, 2021): 93–116. http://dx.doi.org/10.54648/eulr2021005.
Full textAbstract:
The bank insolvency, hinged upon the new resolutions tools, particularly the bail-in, with its controversial right, bestowed upon an administrative authority, to covert/ write off/reduce the creditor’s rights should the bank fail, has played havoc in some EU jurisdictions, such as Italy. In this country, where the banking system has been put under intense pressure in the last five years, the application of the new rules has been sui generis, in some cases with an apparent misapplication of the new legal framework. Additionally, the existence of some constitutional values in the Belpaese, where the savings are expressly protected, may suggest that the judicial authorities, particularly the Italian Constitutional Court, may in the future decide to be more courageous in the way some fundamental legal provisions should be interpreted in their relationship with the new framework. Bank insolvency, Bail-in, resolution tools, constitutional values, Italy, savings’ protection
19
Strumia, Francesca, and Asha Kaushal. "Opening the Ranks of Constitutional Subjects: Immigration, Identity, and Innovation in Italy and Canada." German Law Journal 18, no. 7 (December 1, 2017): 1657–82. http://dx.doi.org/10.1017/s2071832200022483.
Full textAbstract:
The relationship between immigration and constitutional identity is simultaneously obvious and evasive. This Article explores that relationship through a comparative case study of Italy and Canada. It begins with a conceptual analysis of the role of immigration against the backdrop of collective identity, constitutional identity, and constitutional subjectivity. The metaphor of immigration as a mirror of constitutional identity orients this analysis. Then, an empirical comparison of the role of immigration in Italy and Canada demonstrates the very different place of immigration in national and constitutional narratives of “self” and “other.” Yet, when the lens is widened to include their recent startup visa programs, their narratives start to converge as the new metonymy of innovation makes an appearance. This convergence marks a conceptual shift in constitutional identity: From immigration as mirror to immigration as display. As a tool of attraction for innovators, immigration law has both internal and external dimensions, which reverberate with implications for constitutional identity. Ultimately, the startup visa programs enlarge the constitutional “us” and make constitutional subjectivity more fluid.
20
Domenici, Irene, and Franciska Engeser. "The Institutional Tragedy of Pandemic Triage Regulation in Italy and Germany." European Journal of Health Law 29, no. 1 (March 4, 2022): 103–30. http://dx.doi.org/10.1163/15718093-bja10069.
Full textAbstract:
Abstract This article adopts a comparative approach exploring the reactions to the scarcity of resources resulting from the Covid-19 pandemic in Italy and Germany. Both countries showed a fragmented structure including individual hospitals, medical associations and recommendatory interdisciplinary bodies, such as ethics councils. Against this background, the authors use the different constitutional frameworks in which the healthcare systems are embedded to assess the legitimacy of the intervention by non-legislative bodies. It is demonstrated that, in both jurisdictions, a certain level of parliamentary involvement in establishing triage criteria or procedures is constitutionally required, as in situations of extreme scarcity the prioritisation decision cannot be determined by a mere clinical analysis but rather demands a normative choice.
21
Rydberg, Åsa. "Constitutional and Institutional Developments." Leiden Journal of International Law 12, no. 2 (June 1999): 451–53. http://dx.doi.org/10.1017/s0922156599000217.
Full textAbstract:
On 10 February 1999, H.E. Ms. Anna Lindh, Minister for Foreign Affairs of Sweden visited the International Criminal Tribunal for the former Yugoslavia (ICTY) to sign an Agreement with the United Nations on the enforcement of sentences of the ICTY. The Agreement with Sweden differs from the previously concluded agreements with Italy, Finland and Norway in that it is limited to convicted persons with strong ties to Sweden.
22
Cossiri, Angela. "The Governance of Covid-19 Pandemic Health Emergency in Italy: A Constitutional Perspective." Acta Universitatis Lodziensis. Folia Iuridica 97 (December 30, 2021): 101–9. http://dx.doi.org/10.18778/0208-6069.97.05.
Full textAbstract:
The essay focuses on the measures that have been taken in Italy to limit the contagion with Coronavirus in the first phase of the health emergency in 2020. The Italian Government was the first to face the epidemiological crisis in a constitutional democracy. The lockdown was one of the most drastic in Europe. On the one hand, fundamental freedoms of individuals have been compressed; on the other, the objective of limiting the expansion of the contagion in the early stage of pandemic expansion has been achieved, probably saving all European countries from an ungovernable health crisis before a minimal preparation. Even some critical aspects in the decision making process could be highlighted from a constitutional law perspective, the Author believes that the temporary measures, although drastic, not exceeded the limits allowed by the Italian Constitution, nor they seriously affected the balance between the powers at least in the first/second phase.
The majority of Parliament approved ex post the law-decrees adopted by the Council of Ministers, demonstrating that it share the Government’s political position. Furthermore, in a very short time, the Italian people, in their vast majority, spontaneously adapted to the imposed prohibitions, demonstrating a sense of responsibility and solidarity towards the most vulnerable categories with respect to the effects of the virus (elderly and sick people, for example).
The reasons of the economy, which would have required not to stop business activities, have been temporarily recessive with respect to the protection of the health of the community. This decision seems to find its ultimate foundation in the Article 2 of the Italian Constitution which requires everyone to respect the duty of social solidarity.
23
Farias, Athena De Albuquerque. "GENDER BALANCE IN POLITICS: THE ITALIAN CONSTITUTIONAL COURT’S JUDGMENT Nº 4 OF 2010." Amadeus International Multidisciplinary Journal 5, no. 9 (July 30, 2020): 12–17. http://dx.doi.org/10.14295/aimj.v5i9.116.
Full textAbstract:
The aim of this study is to briefly analyse the under-representation of women in politics with a specific reference to Italy in the light of the Italian Constitutional Court Judgment nº 4 of 2010. Therefore, some concepts are of major importance to better understand the framework. in order to achieve gender balance on the basis of political representation in practice, parity must be enforced, and it may occur either for the parties themselves or by the law. Keywords: Woman in politics. Italian Constitution. Gender Balance.
24
Wojtaszewska, Aleksandra. "Stan wyjątkowy w Republice Włoskiej w czasie pandemii Covid-19 – aspekty konstytucyjne." Przegląd Prawa Konstytucyjnego 68, no. 4 (August 31, 2022): 125–36. http://dx.doi.org/10.15804/ppk.2022.04.10.
Full textAbstract:
The Covid-19 pandemic forced European Union member states to introduce modern European standards regarding human rights and the rule of law in an unprecedented crisis. In 2020 Italy was the first affected country in Europe. Italian authorities, forced to take new and more stringent measures to contain the virus’s expansion, have introduced a state of emergency that may last until 2022. From a constitutional law perspective, the coronavirus emphasizes the need to consider the Italian “emergency constitution”. The ongoing health crisis gives rise to some reflections on the lack of an articulated crisis framework in the Italian constitution and whether existing tools are adequate to face of contemporary threats. This article discusses the Italian Constitution and other laws in the country relating to the state of emergency during the Covid-19 pandemic.
25
APERIO BELLA, Flaminia, Cristiana LAURI, and Giorgio CAPRA. "The Role of COVID-19 Soft Law Measures in Italy: Much Ado about Nothing?" European Journal of Risk Regulation 12, no. 1 (February 9, 2021): 93–110. http://dx.doi.org/10.1017/err.2020.116.
Full textAbstract:
This article considers the role of non-binding legal instruments adopted in Italy against the SARS-CoV-2 virus in the early months of 2020. To verify whether the use of such instruments restricted fundamental and human rights beyond constitutional and legal limits, the article first gives an overview of hard law measures adopted in Italy against the coronavirus. It then focuses on soft law measures, the use of which became significant only in Phase II of Italy's response to COVID-19 and argues that non-binding legal instruments provided the public with instructions on gradually returning to normal life. This contribution contains case studies on the soft law measures adopted in relation to private economic enterprise and freedom of worship. Italian soft law deployed during the COVID-19 epidemic was borne out of coordination between the state and the Regions and as the result of (even informal) dialogue with the relevant stakeholders. Despite some criticism of the soft law measures used, their role in restricting constitutionally granted rights was marginal, because only hard law measures adopted nationally and locally limited personal rights and freedoms in order to contain the pandemic.
26
Matteucci, Stefano Civitarese. "Breaking the Isolation? Italian Perspectives on the Dialogue Between the European Court of Justice and Constitutional Courts." European Public Law 22, Issue 4 (November 1, 2016): 689–715. http://dx.doi.org/10.54648/euro2016041.
Full textAbstract:
This article focuses on the relationships between the Italian Constitutional Court (ICC) and the Court of Justice of the European Union (ECJ) when the necessity of managing policies affecting delicate constitutional issues is at stake. The mechanisms which govern the use by national courts and particularly constitutional courts of the preliminary reference are put under scrutiny. The author claims that for the dialogue between the two courts to work is important to review the legal premises on which the involvement of a constitutional court in matters of European Union (EU) law is based. In Italy in principle only when EU law lacks direct effect would there be room for the ICC to intervene in the process of adaptation of the domestic legal system to the European, irrespective of the matter at stake. In this way the role of a constitutional court is barely distinguishable from regular courts. The article purports that this situation is unsatisfactory from a normative point of view according to which constitutional courts should take part – using preliminary reference to the ECJ – in a broader European constitutional discourse and that a concept of ‘sensitive constitutional issues’ should instead inspire the mechanism by which constitutional courts deal with the area covered by Article 267 TFEU.
27
Oxman, Bernard H., and Annalisa Ciampi. "Criminal law—Italian constitutional law—European Convention on the Transfer of Sentenced Persons—agreement regarding confinement of a transferred prisoner—effect and constitutionality of such an agreement." American Journal of International Law 95, no. 4 (October 2001): 919–27. http://dx.doi.org/10.2307/2674652.
Full textAbstract:
Baraldini (March 28, 2001), at <http://www.cortecostituzionale.it>.Corte costituzionale (Constitutional Court of Italy), March 22, 2001.Following breast cancer surgery in a Rome hospital, Silvia Baraldini—an Italian national who had been transferred from the United States to Italy for the purpose of serving the remainder of her prison sentence in Italy—requested her release from prison while she received radiation treatments or chemotherapy. By order of November 24, 2000, the Tribunale di sorveglianza (Supervisory Court) of Rome for the District of Lazio, on its own motion, brought a challenge of constitutionality against the Italian statute (Transfer Implementation Law) implementing the 1983 Council of Europe Convention on the Transfer of Sentenced Persons (Strasbourg Convention).
28
Longobardo, Marco. "The Italian Legislature and International and EU Obligations of Domestic Criminalisation." International Criminal Law Review 21, no. 4 (April 12, 2021): 623–40. http://dx.doi.org/10.1163/15718123-bja10051.
Full textAbstract:
Abstract This article explores the nature and content of international and EU obligations to adopt certain criminal domestic legislation, and the impact that they have on the Italian legislature. In light of relevant international, EU, and domestic law provisions, the article investigates what is required of Italy to implement obligations of domestic criminalisation. It is argued that the Italian legislature is bound to implement obligations of domestic criminalisation both under international law and the Italian constitutional law. The article ends with an overview of the legal consequences that Italy may face for failure to implement international and EU obligations of domestic criminalisation.
29
Santoni, Michele, and Francesco Zucchini. "Legislative output and the Constitutional Court in Italy." Constitutional Political Economy 17, no. 3 (September 15, 2006): 165–87. http://dx.doi.org/10.1007/s10602-006-9003-z.
Full text
30
Martinico, Giuseppe. "Between Mimetism and Parasitism: Italian Populism in a Comparative Perspective." European Public Law 26, Issue 4 (December 1, 2020): 921–40. http://dx.doi.org/10.54648/euro2020071.
Full textAbstract:
This article explores the relationship between constitutionalism and populism with particular attention paid to the Italian case. This piece is divided into two parts. In Part I it will be argued that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, it is possible to say that populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), trying to reshape them and offering in this way a sort of constitutional counter-narrative. In this sense, the populist approach to constitutional categories can be described in light of two concepts: mimetism and parasitism. In Part II, I shall focus on the referendum, which is an instrument frequently used by populists and currently object of a problematic constitutional reform proposal advanced by the MoVimento 5 Stelle. As we will see this reform risks affecting the constitutional balance between powers in Italy. Populism, mimetism, parasitism, post – WWII constitutionalism, referendum
31
Rydberg, Åsa. "Constitutional and Institutional Developments." Leiden Journal of International Law 13, no. 2 (June 2000): 369–71. http://dx.doi.org/10.1017/s0922156500000273.
Full textAbstract:
Two additional agreements have been concluded on the enforcement of sentences of the International Criminal Tribunal for the former Yugoslavia (ICTY). On 25 February 2000, an agreement was concluded between the Government of the French Republic and the United Nations on the enforcement of sentences of the ICTY. Thus, France thereby became the first permanent member of the Security Council to conclude such an agreement. A month later, on 28 March 2000, another agreement was concluded between the Kingdom of Spain and the United Nations. Both these agreements will enter into force upon notification to the United Nations by the respective states that the necessary national legal requirements have been met. Previously, agreements have been concluded with the following states: Italy, Finland, Norway, Sweden and Austria.
32
Pavoni, Riccardo. "Simoncioni v. Germany." American Journal of International Law 109, no. 2 (April 2015): 400–406. http://dx.doi.org/10.5305/amerjintelaw.109.2.0400.
Full textAbstract:
With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) (Jurisdictional Immunities or Germany v. Italy) that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice (operative paras. 1, 2).
33
Szilágyi, János Ede. "Some Values and Guarantees in the Ten-Year-Old Hungarian Constitution, with a Look at the Constitutional Arrangements of the Countries Founding the European Integration." Central European Journal of Comparative Law 2, no. 2 (November 20, 2021): 197–219. http://dx.doi.org/10.47078/2021.2.197-219.
Full textAbstract:
In this study, certain values and guarantee institutions of the Hungarian Fundamental Law are analysed in the light of the constitutions of the countries that have established European integration – Germany, France, Italy, and Belgium. Among the value systems, Christian culture and the family have been examined, while the study has also focused on the guarantees important for living conditions, such as strict public finance provisions, rules on emergency powers, and provisions guaranteeing a high level of protection for future generations and the environment. In addition to the analysis of the constitutions, the study makes several references to the jurisprudence of the countries concerned and to the most important aspects of constitutional developments in recent years.
34
Kobyliński, Andrzej. "Prymat prawa nad etyką? Nowy etap włoskiego sporu o metodę in vitro." Studia Ecologiae et Bioethicae 13, no. 2 (June 30, 2015): 45–67. http://dx.doi.org/10.21697/seb.2015.13.2.03.
Full textAbstract:
In April 2014 The Constitutional Court in Italy was called to judge parts of the Law 40/2004 and canceled the prohibition of the methods of heterological artificial reproduction. !is decision opened a new stage of the public dispute about artificial reproduction that has been held in Italy for the last 20 years. The most significant principle of the legislation from the year 2004 was the recognition of the human embryo as a human being from the very moment of conception. The law in Italy forbade, among others, producing human embryos for scientific purposes, freezing and destroying human beings. The opponents of such legal regulations evoked the nationwide referendum in 2005 which did not manage to repeal the operative legislation. In 2015 the Italian Parliament will adopt a special law regulating the use of the methods of heterological artificial reproduction.
35
Щербанюк, Оксана. "CONSTITUTIONAL IDENTITY IN THE ARGUMENTATION OF DECISIONS OF CONSTITUTIONAL COURTS." Constitutional and legal academic studies, no. 3 (May 12, 2021): 77–84. http://dx.doi.org/10.24144/2663-5399.2020.3.08.
Full textAbstract:
The latest trend in modern European constitutionalism is the issue of constitutional identity. Constitutional courts, which are the embodiment not only of the protection of the Constitution, but also of the limitation of power, are influential subjects of assessing the country’s international obligations and their implementation in national legislation. The purpose of the article is to analyze the constitutional identity in the argumentation of decisions of constitutional courts.
The research method is a comparative legal analysis of the practice of constitutional review bodies in order to assess the expression of the concept of respect for national identity, which has become a condition and principle of legal integration in the European region. In addition, empirical analysis of decisions of constitutional courts was used. Using the system-structural method, the doctrine of «constitutional boundaries» as a component of constitutional identity is analyzed.
It is justified that the concept of «identity» appeared and began to be actively used by European constitutional courts to justify decisions related to the processes of European integration and the expansion of the influence of supranational institutions of international organizations, including the European Union. It is proved that the decisions of constitutional courts should be based on national legal values, taking into account international practice and the principle of the supremacy of the Constitution. At the same time, national courts must take into account the country’s international obligations when making decisions. In today’s world, constitutional courts cooperate with the courts of international organizations, which form a common case law in the member states, in particular on the interpretation of human rights. This is manifested in the citation by constitutional courts in their acts of decisions of supranational judicial bodies. It should also be noted that the constitutional court may be guided by the positions of international courts in forming its legal position, but according to the doctrine of judicial discretion, the national court is free to assess the circumstances of the case and it is best acquainted with national features and specifics of national law.
The analysis of the decisions of the bodies of constitutional proceedings, which used the concept of constitutional identity, gave grounds to claim that the courts in their practice in their interpretation appealed to different arguments depending on the specifics of the case. For example, in formulating the doctrine of constitutional boundaries, the Constitutional Court of Italy, in substantiating its decision, used at the same time an argument by analogy, an argument of agreement, an argument of general principles. The Federal Constitutional Court of Germany in its decision in the case of the Maastricht Treaty resorted to naturalistic and systemic arguments.
It is concluded that constitutional identity is a system of interpretive arguments used by constitutional courts to substantiate decisions that verify compliance with the national specifics of constitutional norms. Of course, this applies to the categories of so-called «difficult cases», for the argumentation of which requires a system of strong arguments.
36
Buccianti, Giovanni Liberati. "Private Autonomy and Family Public Policy in Italy." Białostockie Studia Prawnicze 27, no. 3 (September 1, 2022): 227–40. http://dx.doi.org/10.15290/bsp.2022.27.03.13.
Full textAbstract:
Abstract The article deals with the general clause of public policy in Italian family law. It analyses the recent case-law application of both international and internal public policy in the Italian legal system. Nowadays, public policy is used for protecting and developing the fundamental rights of individuals in the EU space. However, the content of this general clause is debated, and there are several theses (e.g. constitutional, discretionary, globalized public policy). Adhering to one concept rather than another has different consequences. Think, for example, of the recognition of double paternity acquired abroad through a surrogacy contract. Moreover, family public policy can be viewed both as public policy of the family (a general clause that protects the family rather than its members) and public policy in the family (a general clause that protects the fundamental rights of the individuals rather than the family). Subsequently, the article analyses prenuptial and postnuptial agreements in Italy. Italian jurisprudence considers both agreements invalid because they are in contradiction to public policy. The article suggests that families can use the contractual instrument. However, personal and patrimonial clauses in domestic family agreements need to be compatible both with the public policy of the family and public policy in the family. Ultimately, public policy becomes a tool attributed to ordinary judges for guaranteeing widespread constitutional legality.
37
Mak, Chantal. "The Constitutional Momentum of European Contract Law On the Interpretation of the DCFR in Light of Fundamental Rights." European Review of Private Law 17, Issue 4 (August 1, 2009): 513–29. http://dx.doi.org/10.54648/erpl2009035.
Full textAbstract:
ABSTRACT: This paper presents a constitutional analysis of the Draft Common Frame of Reference (DCFR) that has been prepared by a network of European legal scholars. The central question is to what extent the DCFR reflects fundamental values shared by the Member States. In order to answer this question, this paper analyses the relevant DCFR provisions in the light of fundamental rights, such as those laid down in national Constitutions and international treaties. Comparative remarks are made on the effects of fundamental rights in the national contract laws of various Member States (the Netherlands, Germany, England, and Italy), since the DCFR provisions that refer to fundamental rights correspond to some typical cases (or Fallgruppen) of fundamental rights application that have arisen in these countries. The structure of the analysis accordingly follows three main categories: the interpretation of the rules of contract law, non-discrimination in contractual relationships, and the validity of the contract. Attention is paid to direct and indirect effects of fundamental rights in European contract law cases as well as to the legal-political implications of these effects. On the basis of the comparative analysis, finally, it is submitted that choices will have to be made regarding the extent to which legislators and judges have to take into account the values expressed in these rights and, importantly, which form should be given to the provisions of a Common Frame of Reference in order to reach the highest possible level of protection of these values in contract law throughout Europe. Only then will the further harmonisation of European contract law truly contribute to the establishment of a European Constitution.
38
Martinico, Giuseppe, Richard Albert, Antonia Baraggia, and Cristina Fasone. "An Opportunity for Reflection – A Special Issue on “The Constitution of Canada: History, Evolution, Influence and Reform”." Perspectives on Federalism 9, no. 3 (December 1, 2017): Ed—I—Ed—VII. http://dx.doi.org/10.1515/pof-2017-0027.
Full textAbstract:
Abstract Canada is and will for the foreseeable future be a peaceful and prosperous liberal democracy whose Constitution Act, 1867, now 150 years old as of 2017, has become a model for the modern world. The Constitution of Canada has exerted considerable influence on other countries, particularly since the coming into force of its Constitution Act, 1982, which included the celebrated Canadian Charter of Rights and Freedoms. Just as Canada drew from foreign and international experiences in drafting its Charter, the world has learned a great deal from Canada, not only as to rights protections but also as to the separation of powers, the judicial function, and the structure of government. In light of these impressive achievements, an international symposium on the Canadian Constitution was held in Pisa at the Scuola Sant’Anna under the auspices of the Sant’Anna Legal Studies project and with the support of the DIRPOLIS (Law, Politics and Development) Institute at the Scuola Sant’Anna, the Canadian Embassy in Italy, and the International Association of Constitutional Law. This special issue collects some of the papers presented on that occasion.
39
Остапович, Игорь, and Igor Ostapovich. "JUDICIAL AUTHORITIES OF CONSTITUTIONAL CONTROL AS “NEGATIVE LEGISLATOR” IN MODERN PRACTICE IN FOREIGN COUNTRIES." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14265.
Full textAbstract:
In the modern context judicial authorities actively participate in the creation of legal norms acting as a negative legislator (repealing operation of an unconstitutional bill or abrogating a by-law). The article consistently reveals peculiarities of carrying out by judicial authorities of constitutional control over the “negative legislator’s” functions in the frame of Anglo-Saxon, American and European model. This activity is directly linked both with the right to interpret the provisions of the state’s Constitutional law, and the right to make decisions on compliance of legal norms with that law. Difference is possible in relation to the volume of interpretation, consequences of decision-making as part of the subsequent constitutional control, and also different roles of judicial bodies. The article analyzes in detail constitutional and legal sources of such countries as Great Britain, the USA, Germany, Austria, Italy, Spain, Japan, Israel and Switzerland. The article also investigates various points of view of Russian and foreign scientists on this topic. Investigation of peculiarities in the process of building-up and development of the constitutional justice institute in Islamic states is of particular interest. It is noted in the study that it is not only Kelsen model (constitutional courts) that act as a “negative legislator”, but also other traditional models of bodies of constitutional control. The “negative legislator’s” functions performed by a body of constitutional control are inherent to any well-known model of its implementation, they have common features and at the same time certain particularities, conditioned by the structure of a national legal framework.
40
Kobyliński, Andrzej. "The Philosophical Arguments in the Dispute over Artificial Reproduction in Italy in the Years 2004–2014." Studia Ecologiae et Bioethicae 18, no. 5 (December 31, 2020): 143–54. http://dx.doi.org/10.21697/seb.2020.18.5.13.
Full textAbstract:
In Italy for the last decade, a very interesting public debate has been conducted about artificial reproduction. An important step in this discussion was the adoption in 2004 of a special law regulating the use of the in vitro method. In 2014 the Constitutional Court cancelled the prohibition, existing in this document, of the methods of heterological artificial reproduction. A very important part of the debate in Italy are different kinds of philosophical arguments. The most interesting or very representative voices in this discussion include statements of Oriana Fallaci, Vittorio Possenti, and Gianni Vattimo.
41
Vatsov, Mihail. "European Integration Through Preliminary Rulings? The Case of the Bulgarian Constitutional Court." German Law Journal 16, no. 6 (December 2015): 1591–622. http://dx.doi.org/10.1017/s2071832200021283.
Full textAbstract:
The preliminary reference procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) is instrumental for the so-called “judicial dialogue” within the European Union (EU). The goals of the preliminary reference procedure are to ensure the uniform interpretation and application of EU law and to contribute to the harmonious development of the law throughout the EU. It was through the preliminary reference procedure to the Court of Justice of the European Union (CJEU) that the principles of direct effect and supremacy were developed. It took many years before the first request by a Constitutional Court was sent to the CJEU. So far, the Constitutional Courts of Belgium, Austria, Lithuania, Italy, Spain, France, Germany, and most recently Slovenia, have sent requests for preliminary rulings to the CJEU. By far the most active of these in sending requests has been the Belgian Court. The Portuguese Constitutional Court has indicated that it can request preliminary rulings from the CJEU but is yet to do so. In the other Member States (MS) with Constitutional Courts, references have not been sent yet, although worthy occasions in terms of EU-law-related cases have occurred, as also observed in various contributions in this special issue. These MSs include Bulgaria.
42
Rusanov, Georgy. "Sources of criminal law in the area of responsibility for economic crimes in Russia and Italy." Journal of Financial Crime 26, no. 4 (October 7, 2019): 1095–106. http://dx.doi.org/10.1108/jfc-07-2018-0064.
Full textAbstract:
Purpose The purpose of this study is to investigate the sources of criminal law in the area of responsibility for economic crimes in Russia and Italy. Design/methodology/approach This study is based on the study of five types of sources of criminal law: criminal legislation, legislation of other branches of law in the sphere of regulation of economic relations, legislation of other branches of law in the sphere of protection of economic relations, judicial practice and customs. Findings Based on the study of Russian and Italian legislation were revealed: in general, that systems of sources of criminal law in Italy and Russia are similar and based on the legislation. Originality/value This is explained by the fact that both countries are close to the Roman-Germanic legal system. It is also an important legislation of other branches of law. It consists of regulatory and protective norms of other branches of law. Court decisions, including decisions of the Constitutional Court and some legal positions of other vessels, are also considered as sources of criminal law.
43
Möschel, Mathias. "“Gender Quotas” in French and Italian Public Law: A Tale of Two Overlapping and Then Diverging Trajectories." German Law Journal 19, no. 6 (November 2018): 1489–518. http://dx.doi.org/10.1017/s2071832200023129.
Full textAbstract:
AbstractThis Article compares the French and Italian experiences with gender quotas—understood as mechanisms intended to increase women's participation in public life, including but not limited to, the reservation of seats in certain positions and the modulation of electoral lists— in public entities such as legislative and executive bodies (including political parties), the judiciary, and public universities. The comparison between France and Italy demonstrates that even between two countries whose constitutional history and trajectory with regard to gender quotas has been portrayed as being essentially identical, a closer analysis of the recent developments in both countries’ constitutional and administrative case law shows a slightly more nuanced picture. Using Rodolfo Sacco's approach of legal formants, this Article argues that the difference stems mainly from the different attitude and interpretation of equality by the judicial formant.
44
Rossi, Pierfrancesco. "The New Italian Law Against Investment in Antipersonnel Mines and Cluster Munitions: Achievements and Loopholes." Italian Yearbook of International Law Online 31, no. 1 (November 11, 2022): 297–310. http://dx.doi.org/10.1163/22116133-03101016.
Full textAbstract:
Abstract This contribution analyses the key legal issues raised by Law No. 220 of 9 December 2021, the new Italian law against investment in anti-personnel mines and cluster munitions and submunitions. Law No. 220 targets firms in any way involved in the production of these weapons with a total investment ban and provides effective means of enforcing the prohibition upon financial intermediaries. This signals that Italy subscribes to a broad and progressive interpretation of its international obligations under the Mine Ban Treaty and the Convention on Cluster Munitions. At the same time, though, the resulting legal regime also presents some inexplicable gaps with regard to penalties for the financing of firms involved in anti-personnel mines. It is argued here that these gaps create problems of compatibility with the Mine Ban Treaty and raise concerns of constitutionality with respect to Articles 3 and 117(1) of the Italian Constitution. Such issues may not be resoved by the Constitutional Court and should therefore be promptly addressed by Parliament.
45
Virgili, Tommaso. "‘Respect for Religious Feelings’: As the Italian Case Shows, Fresh Paint Can’t Fix the Crumbling Wall of Blasphemy." European Public Law 28, Issue 2 (May 1, 2022): 297–318. http://dx.doi.org/10.54648/euro2022015.
Full textAbstract:
This article examines the relation between free speech and blasphemy laws and assesses whether the latter may still have a place in secular, liberal democracies. After a theoretical introduction on free speech, its function in a liberal society and the possible grounds for restrictions, the analysis will focus on Italy – prototypical case of a country that has experimented with diverse ways of outlawing blasphemy. The article argues that blasphemy laws, even when wrapped in the new clothes of the ‘protection for religious feelings’, perpetuate a favour toward institutionalized religions that is hardly justifiable today from a constitutional or even logical perspective. The privilege enjoyed by stronger religious denominations, the discrimination between different expressions of individual conscience, the chilling effect on free speech in the name of dogmas – these are all issues of serious concern inextricably linked to blasphemy laws that are intolerable in secular, liberal democratic societies. blasphemy, free speech, freedom of expression, religious feelings, religious sensibilities, freedom of religion, Italy
46
Gianfreda, Anna. "Religious Offences in Italy: Recent Laws Concerning Blasphemy and Sport." Ecclesiastical Law Journal 13, no. 2 (April 26, 2011): 182–97. http://dx.doi.org/10.1017/s0956618x11000056.
Full textAbstract:
Religious offences in Italy, as in many European countries, have a long and complex history that is intertwined with the events in the history of the relationship between church and state and the institutional and constitutional framework of a nation.This article is divided into three parts. The first part aims to offer some historical remarks concerning the rules on the contempt of religion and blasphemy in Italian criminal law from the end of the 19th century to the present day. The second part focuses on changes to the law on vilification introduced in 2006 and the third part deals with the recent developments in blasphemy law in the context of sport.The article shows that, on the one hand, reforms of the offences grouped under vilification of religion are anachronistic and do not stand up against the religious freedom of individuals, yet on the other, despite the traditional rules for the protection of religion being considered obsolete, they are applied in new areas of law, for example sport, and are used to curb bad manners and bad behaviour. The relationship between the new functions of these criminal rules and the traditional ones, however, remains uncertain and fluctuating, and reveals a moralistic approach to religious offences.
47
Pibaev, Igor A. "Autonomy of religious organizations and freedom of religion in the context of the spread of COVID-19 (experience of Russia and Italy)." Gosudarstvo i pravo, no. 12 (2022): 27. http://dx.doi.org/10.31857/s102694520017733-7.
Full textAbstract:
The situation in the world caused by the spread of the new coronavirus infection forced the executive authorities in many countries to issue acts that provided for strict restrictions on constitutional rights, in particular, freedom of religion. First of all, we are talking about the prohibition of worship, religious rituals and coram populo ceremonies, the use of a truncated burial format in order to protect public health. The article aims to investigate the measures taken by state authorities and religious organizations in Russia and Italy, to assess their validity and proportionality, based on the standards of the Council of Europe. Particular attention is paid to the analysis of the mechanisms of interaction between the authorities of various levels and religious leaders in order to develop acceptable solutions, identified the similarities and differences of the relevant legal regulation in these states. Author of the article tries to answer the question of a fair balance of constitutional values in emergency conditions - the protection of public health and the ability to manifest one's religious beliefs through external actions (forum externum). Revealing the influence of digital technologies on the transformation of worship and religious rituals in conditions of isolation of citizens, the author draws attention to the fact that in the Roman Catholic and Orthodox Churches, “virtual faith” cannot replace Eucharistic communion in the temple, which should be taken into account when developing and applying regulatory legal acts. As a result, the author comes to the conclusion about the importance of finding compromise solutions and notes that the distortion of understanding of the norms on the autonomy of religious organizations and the fundamental provisions of the secular nature of the state leads to a disproportionate restriction of the constitutional rights and freedoms of citizens: the arbitrary administrative closure of religious buildings, the involvement of believers and clergymen in criminal proceedings. and administrative responsibility.
48
Melenko, O. "Legitimization of the constitutional judicial process by evidence (the case of Italy and France)." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 56–59. http://dx.doi.org/10.24144/2788-6018.2022.06.10.
Full textAbstract:
Under the conditions of legitimization of the constitutional process, constitutional subjects seek to improve the method of decision-making and privilege a certain type of argumentation. Although there are many tools to achieve this, the purpose of this contribution is limited to the study of evidence as a tool of legitimation. On the one hand, legal evidence, as it is an irreplaceable means of achieving a certain truth, and on the other hand, it is legitimized, as it involves an evidentiary procedure that guarantees the right of each participant in the legal process to have his case heard by a judge. If the evidentiary regime, whose function is to demonstrate the truth of the facts, is sometimes a pole apart from that which has the function of obtaining community approval, these two functions contribute to the same goal of legitimizing the constitutional process. Evidential legitimation does not correspond to a natural process, but rather consists of a discourse that treats the evidence in certain ways, or rather in different ways, in order to increase the legitimacy of the constitutional judge's decisions. If it falls under the specific field of comparative constitutional jurisprudence, the contribution appeals to the context of the general theory of evidence and, in particular, to the recently conceptualized functions of evidence. It follows from this that in the process of depoliticization or jurisdictionalization of the review of constitutionality, constitutional subjects strive, on the one hand, to improve the way of decision-making, and on the other hand, to privilege a certain type of argumentation. Although there are many tools to achieve this, the purpose of this contribution is limited to the study of evidence as a tool of legitimation. More specifically, the process of legitimization by evidence can be conceived as a process initiated by legal entities in order to gain authority among different audiences. The main function of evidence is to verify the production of facts that are decisive for the resolution of the dispute and to which the law attributes legal consequences. This function of proof consists in determining the truth of statements that describe the occurrence of these defining facts. However, it is important to note that this contribution is not intended to position itself on the content of the truth in the judicial process.
49
Bianco, Giovanni. "LABOUR LAW AND BALANCED BUDGETS: TWO DIFFERENT POINTS OF VIEW BETWEEN ITALY AND THE EUROPEAN UNION?" International Journal of Legal Studies ( IJOLS ) 4, no. 2 (December 30, 2018): 457–67. http://dx.doi.org/10.5604/01.3001.0013.0028.
Full textAbstract:
The European legislation on labour policies is emblematically represented by the system managed by the European Central Bank (ECB) in which price stability first comes, then all the rest. Unlike other similar institutions, the ECB is the only central bank whose sole objective is to maintain price stability, or better win the fight against inflation. Unlike the ECB, the US Federal Reserve has the so-called dual mandates, which is a dual objective of intervention: price stability and employment. In this sense, the Fed is required to effectively promote the objectives of maximum employment, stable prices and moderate long-term interest rates, protecting in an equal way both the needs of the market economy and the rights of workers.In the European Union, in general, the objective of price stability is in fact superordinate to all the others, even those that Art. 3 of the Treaty of the European Union seemed to be on the same level. The fight against unemployment therefore becomes secondary even if, for example, in the Italian constitution the right to work since 1948 is considered a fundamental right.The decisive point is that the prevailing value is attributed to monetary stability with the consequent weakening of policies - potentially inflationary - such as the active ones of labour and more generally of stimulus of the economy.The new EU policies on financial issues are therefore destined to have a strong impact on the regulation of workers' rights in individual states. And above all in Italy where the principle of a balanced budget in 2012 even became a constitutional provision.
50
Alicino, Francesco. "The Legal Treatment of Muslims in Italy in the Age of Fear and Insecurity." Journal of Law and Religion 37, no. 3 (September 2022): 478–500. http://dx.doi.org/10.1017/jlr.2022.42.
Full textAbstract:
AbstractAlthough diverging influences have always characterized the relation between religion and democracy, in Italy, tensions arising from these divergences are especially exacerbated by the country’s current religious diversity and plurality, and they are magnified when combined with chronic emergencies such as immigration and international terrorism. These critical factors complicate the application of freedom of religion and the supreme principle of secularism (principio supremo di laicità), which are essential parts of the Italian legal system. This article analyzes these aspects of the law by considering the relation between Islamic communities and the state. In particular, the article focuses on both endogenous influences (Italy’s traditional system of state-church relationship) and exogenous influences (immigration and international terrorism). These factors muddle the interpretation of constitutional rights, including the right of Muslims and Islamic groups to be equal and equally free before the law.