2024/II

maggio-agosto

 

 

Parte Prima

STUDI

 

 

ADRIANA CIANCIO

Il rinvio pregiudiziale alla Corte di giustizia, il dialogo «a distanza» con la Corte costituzionale e i possibili rimedi al giudicato amministrativo in contrasto con il diritto europeo (notazioni su tre casi recenti, a partire dalla vicenda «Randstad»)

(10.05.2024)

Abstract

The study deals with the possible remedies against administrative adjudications of ultimate instance not complying with EU law. More specifically, it aims at providing solutions when the administrative judge either does not respect the decisions issued by the European Court of Justice or does not even preliminary refer for interpretation before it, as set out in Art. 267 TFEU in case of doubts. Assessing recent both European and Italian case law, and accordingly refused the possibility to recourse to the Supreme Court of Cassation for “reasons relating to jurisdiction”, the paper focuses on the different means of "reversal of judgement" as regulated in the Italian procedural law. In this regard, the recent reform of the civil procedure is considered a missed opportunity in order to further widen the reversal instrument enshrined in Articles 395 and 396 of the civil procedure code, so to reach a fair balance between the needed respect for European commitments, on the one hand, and the right of judicial defense of all the stakeholders involved in a case, on the other hand.

 

 

GIUDITTA MATUCCI

Lo statuto delle opposizioni nella forma di governo che cambia

(10.05.2024)

Abstract

This essay aims to reconstruct the meaning and scope that the statute of opposition minorities assumes in the comparison between systems, dwelling on the need to ensure its protection in the perspective of the possible approval of the reform of the current government structure as well as outlined by the bill A.S. 935, currently being examined by Parliament.

 

 

CARLO CIARDO

L’oblio oncologico: una prima analisi della l. n. 193/2023

(06.05.2024)

Abstract

The contribution constitutes a first examination of the characterizing elements and of the challenges associated with the recent legislative measures aimed at combating discrimination against cancer survivors. It also considers the European context and relevant EU legislation.

 

 

ANTONIO RUGGERI

I parametri costituzionali sfuggenti e le forme del loro inveramento nell’esperienza, a mezzo di consuetudini culturali di riconoscimento del loro significato

(06.06.2024)

Abstract

The contribution, after having clarified that the conceptual opacity of the rules is different from their structural scope, which is sometimes broad or very broad and sometimes dense and even stringent, notes that, in order to establish whether some normative provisions of the Constitution present a formulation elusive, it is necessary to refer to the indications that come from experience, especially to the cultural habits of recognizing its nature and meaning. At the opposite pole there are the evident provisions and those which are sufficiently clear, but which are subject to serious changes in the reconstruction of their meaning. The speech then focuses on the crucial importance played, to a non-negligible extent, by judges, especially where their orientations are consolidated in living law. Finally, the author wonders whether the case in which the existence of constitutional gaps or disciplines formulated in conceptually elusive terms is demonstrated to be more serious, noting in particular the major drawbacks deriving from the opaque or reticent character of the constitutional language.

 

 

ANDREA PROTO PISANI

Ricordo di un amico: Alessandro Pizzorusso

(02.05.2024)

Abstract

 

 

La Corte replica a Consulta OnLine

(02.05.2024)