Search results for " court"
showing 10 items of 292 documents
Le leggi retroattive
2023
The monograph analyzes the limits of retroactive laws as determined by the Italian Constitutional Court. It questions whether these are operational limits and tries to emphasize how they are related to a taxonomy of legislative retroactivity accepted by the Court itself, which is still anchored in a formal approach to the issue of legislative retroactivity. An attempt is made, then, to enhance the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, which push for the acceptance of a substantive approach to the issue.
Libertà personale e libertà di circolazione tra emergenza presente e incertezza futura
2023
The article deals with the notion of personal freedom as it is regulated by art. 13 of Italian Constitution, drawing the main differences with other fundamental rights, in particular with the freedom of movement (art. 16 Cost.). To this end, the paper explores the main doctrinal orientations and the most recent constitutional case-law on the subject; specifically, it proposes a reading of the motivational points of the judgment n. 127 of 2022 of the Italian Constitutional Court which resolved some touchy issues of constitutionality that arose during the pandemic emergency. In conclusion, the text questions, with a look at the near future, on the usability of traditional tools for the protec…
Parole e potere. Libertà d'espressione, hate speech e fake news
2017
indagine in tema di libertà di espressone che parte dalle origini del costituzionalismo contemporaneo e si muove poi lungo le coordinate relative alla giurisprudenza della Corte suprema statunitense e delle Corti europee, nel processo di transizione dell’esercizio di diritti e libertà fondamentali dal mondo degli atomi a quello dei bit. investigation on the subject of freedom of expression that starts from the origins of contemporary constitutionalism and then moves along the coordinates relating to the jurisprudence of the US Supreme Court and the European Courts, in the transition process of the exercise of fundamental rights and freedoms from the world of atoms to that of bits.
Leggi retroattive di contenimento della spesa pubblica e giusto processo (a margine della sentenza della Corte costituzionale n. 12 del 2018)
2018
The essay is about limits imposed to the legislature to enact retroactive statute law in “civil matters”. It tackles the dichotomy existing between the European Court of Human Rights’ and the Italian Constitutional Court’s jurisprudence on the theme. The first one has repeatedly ruled that the legislature is not prevented from regulating, through new retrospective provisions, rights derived from the laws in force. Nevertheless, the principle of the rule of law and the notion of a fair trial enshrined in Article 6 of the European Convention of Human Rights preclude, except for compelling public-interest reasons, interference by the legislature with the administration of justice designed to i…
I più recenti sviluppi costituzionali del ciclo di bilancio
2023
The A. answer to a series of questions by the Director of the "Gruppo di Pisa" Journal. The questions concern the parliamentary procedure followed to enact the State Budget Law for the year 2023 (law No 197/2022). The A. debates over: the possibility to prove the evident violation of parliamentary privileges in the procedure followed by the two chambers of the Italian parliament (Const. court. orders Nos. 17/2019 and 60/2020); the impact of Next Generation EU and of NPRR over the National Budgetary procedures; the role played by the Budget Parliamentary Office (UPB) and by the State General Accounting Office in parliamentary procedures concerning the State Budget Law for the year 2023
Do common constitutional traditions matter in the field of regulated markets?
2019
A new tension is spreading throughout Europe: the tension between Common Constitutional Traditions (CCTS) and Constitutional Identity (CI). Recent cases brought before the Court of Justice of the European Union (CJEU), which have gone to the core of European Integration, have revealed this tension. In particular, this tension was highlighted in the “Taricco saga” and in the more recent cases concerning the independence of the judiciary in Poland. The rulings concerning the first group of cases use the concept of CCTS in a quite conventional way, that is, with regard to fundamental rights. The essay examines the possibility that the complex relationship between the CCTS and CI will affect ot…
Il caso Mortier c. Belgique. L’eutanasia conseguente a sofferenze psichiche
2023
Il saggio esamina la pronuncia della Corte Europea dei Diritti dell'uomo sul caso Mortier c. Belgio ed evidenzia lo scivolamento della giurisprudenza europea verso la regolamentazione dell'eutanasia per sofferenze anche psichiche negli ordinamenti degli Stati membri.
Pro e contro dei rimedi domestici: prospettive di sinergia europea nel contenzioso climatico collettivo
2023
Human rights-based national climate litigation is a growing phenomenon. In Europe, this type of litigation is essentially based on the case law of the European Court of Human Rights, whose human rights obligations are used as a means of interpreting climate obligations of States towards their citizens. The analysis of domestic jurisprudence produces a complex picture. On the one hand, we find elements facilitating access to environmental justice, such as more flexible eligibility criteria and the issuing of immediately enforceable judgments. On the other hand, this comes up against obstacles arising from the risk of the lack of impact that a single decision may have. A possible solution to …
Il Trattato di Maastricht trent'anni dopo: a not so pearl jubilee?
2022
The Author critically study the impact of the Maastricht treaty in the light of the actual state of the European Union and of the Brexit
La selezione dei giudici della Corte di giustizia dell'Unione. Nuove prospettive di integrazione e legittimazione.
2014
Abstract The appointment of judges to supranational and international courts has long been a neglected area of sovereign activity. However, the growing role and significance of the European Court of Justice (ECJ), by now one of the most significant players within the European political and constitutional space, demands reforms which also affect its architecture. The creation of the advisory panel under article 255 TFUE, whose task is to provide the Council with opinions on candidates suitability, it could be considered one of the most interesting novelties introduced by the Lisbon Treaty. Indeed, the panel is definitely a way to improve judicial independence and proficiency but also a means…