Consulta OnLine (periodico online) ISSN 1971-9892
2024/III
settembre-dicembre
Parte
Prima
STUDI
ANTONMICHELE de
TURA
Frammenti di storia polacca (nel prisma della Biblioteca
della Corte costituzionale)
(10.10.2024)
Abstract
The
paper highlights to what extent the Library of the Constitutional Court, which
preserves and guards incredible testimonies, supports the bond that for
centuries has sought to unite the Italian and Polish peoples in a particularly
profound way and in many respects.
CAMILLA
BUZZACCHI
Sostenibilità ambientale e domini collettivi: una
manifestazione virtuosa di sussidiarietà
(10.10.2024)
Abstract
“Civic
use”, more recently referred to as “domains” or “collective property”, has
ancient roots in the country's economic and social context: several times the
Constitutional Court has had occasion to rule on this phenomenon, in relation
to regional laws. Thanks to Act 168 of 2017 and the case law of the
Constitutional Court, we have moved away from viewing collective properties as
an experience to overcome, and have begun to look at it from a different angle:
even the recent judgement 152/2014 confirms the close link between collective
domains and the environmental objectives that the Republic will have to meet,
particularly following the revision of Article 9 of the Constitution in 2022.
The perspective is then enriched by the paradigm of subsidiarity, which finds
its authentic manifestation in the collective domains.
ALDO ROCCO VITALE
(07.10.2024)
Abstract
The
paper critically examines the recent sentence no. 135/2024 of the
Constitutional Court on assisted dying and life support treatments. After
summarizing the main points of the sentence, the philosophical and biolegal
problem of life support treatments: hydration, nutrition and ventilation is
examined. We therefore distinguish the different types of health treatments and
the consequences of their suspension. Finally, we retrace the strengths and
weaknesses of the logical and legal path that the Constitutional Court adopted
to reach its decision.
ANTONIO RUGGERI
Verso una giustizia costituzionale di “equità”: quali i
riflessi di ordine istituzionale?
(17.09.2024)
Abstract
The paper
focuses on the tendency, particularly evident especially in the time closest to
us, of constitutional jurisprudence to make use of particularly incisive and
penetrating decision-making techniques in the sphere usually considered to be
the exclusive prerogative of the legislator, with the aim of tempering the
rigor of certain normative solutions, thus made more "mild" and
expressive of a justice of equity, in view of the optimal satisfaction of the
fundamental rights evoked in the field by the cases and, in general, of certain
needs widely and intensely felt within the social body. The alteration of the
institutional roles that follows, however, causes risks of no small importance
here summarily represented.
ROBERTO BIN
Il “caso
Priolo”: scelta politica vs. bilanciamento in concreto (in margine alla sent.
105/2024)
(12.09.2024)
Abstract
The
essay highlights the logical and argumentative hortcomings of the decision of
the Constitutional Court no. 105/2024, particularly where it fails to address
the protection of the balance struck by the judge between health protection and
production needs, favoring the Government's authority to determine which
interests should prevail.
MICHELE
FRANCAVIGLIA
(12.09.2024)
Abstract
The
essay examines the ruling no. 65/2024 of the Constitutional Court, highlighting
some critical issues surrounding the theoretical foundation of the so-called
selfgovernment of parliamentary bodies. In particular, the work briefly
highlights the problematic consequences of an obiter dictum that concludes the
ruling and that, by separating regulatory autonomy from self-government, ends
up comprimising an adequate functional characterization of the regulatory
reserve provided by art. 64 of the Constitution.
GIOVANNI
COLOCRESE
(11.09.2024)
Abstract
Sentence
No. 2/2024 highlights, once again, the tightening of the scheme of allocation
of administrative functions in environmental matters. The decision, therefore,
completes the theoretical framework of the operativeness - and, above all, of
the relative limits - of the institution of the so-called delegation of
administrative functions in environmental matters, allowing the interpreter to
deal with recent legislative innovations.
IDA
ANGELA NICOTRA
(09.09.2024)
Abstract
The
paper explores the primary causes of the current crisis in legislative
production, emphasizing the constitutional importance of optimal law drafting
and proposing potential tools to address this crisis.
ROBERTO
PINARDI
(02.09.2024)
Abstract
The
article examines Constitutional Court ruling no. 140 of 2024, focusing on
"supervening constitutional legitimacy" and its application in this
case. The Court upheld the payback mechanism for medical devices as reasonable
and proportionate, despite concerns about legal certainty and company
expectations. The article also notes how a prior ruling (no. 139 of 2024)
altered the rule's proportionality, rendering the raised objections unfounded.
Additionally, it discusses the diachronic interpretation of the law and timing
issues related to the ruling's publication.
CARLO
PADULA
(02.09.2024)
Abstract
Facing
a State challenge to a regional legislative provision already repealed at the
time of notification of the appeal, the Court excludes inadmissibility due to
lack of interest, since the application of the repealed provision cannot be
excluded. Through an examination of the constitutional jurisprudence about
interest in the appeal and cessation of the matter of the dispute, the paper
verifies how the importance given to the application of the contested law may
be consistent with the abstract nature of the direct constitutional challenge,
and the need to not overlap the interest in the appeal with the cessation of
the matter of the dispute.
ALESSANDRO
CANDIDO
Il fine vita tra Stato e Regioni
(02.09.2024)
Abstract
The
paper analyses the Ligurian legislative proposal on the end of life, currently under
discussion at the Ligurian Regional Council. Given that the Constitution never
recognises a person s right to receive a death benefit, as recently reaffirmed
by the Constitutional Court in its ruling no. 135 of 18 July 2024, the
legislation under consideration appears to be unconstitutional because it
infringes on the division of competences between the State and the Regions. In
particular, the regional discipline contrasts with the State s reserve in the
matter of civil and criminal law (art. 117, paragraph 2, letter l), of the
Constitution), with the transversal State competence in the matter of essential
levels of services (art. 117, paragraph 2, letter m), of the Constitution);
moreover, the discipline of the end of life does not appear to be referable to
the matter of protection of health , within which, in any case, the fundamental
State principles are absent. Lastly,
the principle of regulatory flexibility appears inapplicable.
FEDERICO
GIRELLI
Inciampi
estivi alla garanzia dell’assistenza scolastica per gli alunni con disabilità
(02.09.2024)
Abstract
The
short note reacts critically to a recent ruling by the Council of State on the
subject of school assistance for students with disabilities, hoping that the
proposed interpretative direction will be overcome by the intervention of the
Plenary Assembly of the Council of State itself.
Consulta OnLine (periodico online) ISSN 1971-9892