0000000001197673
AUTHOR
Lorello L
Il difficile cammino verso la parità di genere nell’accesso alle cariche elettive
The aim of this paper is to analyse the evolution of gender balance in the Italian Constitutional system with respect to electoral representation. Even if Art. 51th of the Italian Constitution provides that “Any citizen of either sex is eligible for public offices and elected positions on equal terms, according to the conditions established by law. To this end, the Republic shall adopt specific measures to promote equal opportunities between women and men”, effective achieving of electoral representation has been heavily difficult for women in Italy. The Italian Constitutional Court in 1995 (judg. no. 422) declared the use of electoral quotas in lists of candidates unconstitutional, even if…
L'ordinamento giudiziario: lineamenti introduttivi
The Italian Constitution states that the judiciary is an autonomous body and independent of all other branches of power. Article 101.1 of the Constitution states that judges are subject ‘only ’ to the law. In this regard, the High Council of the Judiciary has the responsibility to preserve and ensure the independence and autonomy of judges. Thus, judges are not permitted to join political parties or engage directly in the political life of Italy, as Article 98.3 of the Italian Constitution specifies, and Article 13.1, d) Law no. 269/2006 prescribes. The aim of these Articles is not “to condition judiciary functions and not to compromise the reputation of the judiciary”. Decree No. 170/2018 …
La dialettica tra giudice costituzionale e legislatore sulla parità di genere
The aim of this paper is to analyse the evolution of gender balance in the Italian Constitutional system with respect to electoral representation (Art. 51th of the Italian Constitution). Effective achieving of electoral representation has been heavily difficult for women in Italy. In 2010 the Constitutional Judge recognized the necessity of gender balance measures. However, the instruments provided by laws had not any real success and women are not effectively represented in political Assemblies.
La partecipazione popolare al procedimento legislativo prevista dallo Statuto: vincolo giuridico o politico-parlamentare?
This paper aims to analyze the participation of organized interests in the legislative process, disciplined by the article 12.3 of the Sicilian Statute. The results of the research show that no other regional statute, and not even the Rules of procedure of the two chambers of the Parliament, adopts the same mechanism of participation. The Sicilian Statute can be considered an interesting example of how the decision- making process can include organized interests as already experimented with the public debate on large infrastructures.
Il valore costituzionale della buona informazione
Is there a constitutional right to good information? In the age of the internet and digital platforms, this question becomes more urgent and more pressing. In the debate in the Constituent Assembly already emerged the need for a control on sources of information, a requirement that, however, did not find a formulation expressed in Art. 21stof the Italian Costitution. It speaks only of a possible intervention of the legislator aimed at making known the «means of financing the periodic press». Nevertheless, the constitutional culture of contemporary democracies brings with it the idea of a reliance on the individual in the quality of the information he receives and thus raises the question of…
La Corte definisce un altro tassello per l’effettività del principio delle pari opportunità: la sentenza n. 62 del 2022
In the judgment no. 62 of 2022, the Italian Constitutional Court deals one more time with the principle of equal access in political representation. The decision shows a new approach of the Italian Constitutional Judge in strengthening gender equality, on the basis of Art. 3rd and Art. 51.1st of the Italian Constitution and provides the principle with a new effectiveness.