Consulta OnLine (periodico online) ISSN 1971-9892

 

 

INDICE PER AUTORI

A-E        F-P        Q-R

 

2021/II

maggio-settembre

 

PARTE I

STUDI

 

 

 ALBERTO MARCHESELLI

Il diritto al silenzio tra diritti fondamentali e doveri fondamentali in materia tributaria (spunti critici a margine di Corte cost. n. 84/2021)

(07.06.21)

Abstract

The person who has committed violations has the right not to cooperate at his own indictment. This is guaranteed by international jurisprudence. This paper examines the corollaries of this fundamental right in tax matters, where the analysis must take into account the connection with the taxpayer’s fundamental duties. The “nemo tenetur se detergere” rule has the potential to undermine the basis of some classic instruments of the administrative tax control phase, such as some cases of presumptive tax assessments and of limitations to submission of new evidence in front of the tax court. Problematic profiles also emerge with respect to some sanctions, both administrative and criminal, provided in addition to the tax assessment.

 

 

ANTONIO RUGGERI

Il gioco a Carte delle Corti

(26.05.21)

Abstract

The paper highlights how between the European Courts and the National Courts (in particular, the Italian Constitutional Court) there is an endless "game" with Cards ... “counterfeit” by each player in order to win the game, without however realizing - due to the partial and reductive perspective adopted - that in this way a “boomerang” effect penalize the Courts themselves

 

 

OMAR CARAMASCHI

La sicurezza della Repubblica alla prova delle regole legislative e della prassi parlamentare: il caso del COPASIR

(24.05.21)

Abstract

The paper examines, through legislative norms and parliamentary practices, the case of the Parliamentary Committee for the Security of the Republic (COPASIR), especially in light of the recent events that have seen the change of the parliamentary majority.

 

 

GIAMPIERO BUONOMO

Consultazioni di ex Presidenti delle Camere: un tentativo impuděco

(23.05.21)

Abstract

The short paper recalls the story that had as protagonists, on the one hand, Dino Grandi, who, in the Republican era, attaching his story as Speaker of the Chamber in the Fascist era, repeatedly asked to be heard during government crises. alongside the President of the Chamber of Deputies, in consultations with the President of the Republic; and, on the other hand, Gianni Ferrara, then a high parliamentary official, who firmly opposed Grandi's claim, underlining the discontinuity between the fascist and republican systems produced by the constitutional violations of the dictatorship.

 

 

VINCENZO SCIARABBA

“Neighbourhood Watch” o “Neighbourhood Support”? La dichiarazione d’incostituzionalitŕ della legge veneta sul controllo di vicinato e le strade percorribili in futuro

(19.05.21)

Abstract

The essay, starting from a recent judgement of the Constitutional Court which annulled a regional law on the subject of “neighbourhood watch” for lack of legislative competence, investigates this phenomenon from the perspective of constitutional law, in the light of the experiences of other countries and taking into account the critical reflections put forward by scholars with regard to them, and also turning its attention to other phenomena in some way comparable. On the basis of the results of this investigation, we draw up some proposals about possible regulatory developments in this field (by the state legislature or, perhaps better, the regional legislatures), hopefully in the sense of a reconfiguration of this phenomenon in the direction, for example, of what in some countries is called “neighbourhood support”.

 

 

ANDREA MORRONE

Finale di partita. Cosa davvero vuole la Corte costituzionale con l’ord. n. 97 del 2021 sull’ergastolo ostativo

(12.05.21)

Abstract

The paper examines the third order for postponement of the hearing by the Constitutional Court to give the legislator time to intervene, examining both the more general reasons for the Court's appeal to institutional collaboration, and the impact of the decision on the constitutional process itself.

 

 

JACOPO FERRACUTI

La gestione dell’emergenza Covid-19 alla prova del conflitto interorganico. Prime note sulle ordinanze di inammissibilitŕ nn. 66 e 67 del 2021

(11.05.21)

Abstract

The essay focuses on ordinances nos. 66 and 67 of 2021, with which the Constitutional Court recently declared inadmissible the conflicts proposed by two parliamentarians in relation to the measures adopted by the Government in the management of the Covid-19 emergency. About these rulings, the most significant aspects should be emphasised, in particular the impression, which the rulings help to confirm, of the lack of protection of individual parliamentarians in the event of a conflict, and of the choice made by the judge constitutional to “support” the executive, in a particularly critical historical moment.

 

 

GIOVANNA RAZZANO

Tecnologia Blockchain per la banca dati per le DAT? Osservazioni alla luce del diritto alla protezione (e controllo) dei dati personali e del principio del buon andamento

(10.05.21)

Abstract

Blockchain information technology represents an opportunity for innovation and digitization of public administration. The article examines the proposal - advanced by a working group set up at the MISE (Ministry of Economic Development) - to test the blockchain for the register for the collection of Advanced Healthcare Directives, in light of the right to protection and control of data (GDPR) and principles of accountability, participation and efficiency of the PA, taking into account the importance of building trust between citizens and digital transformation.

 

 

PIERDOMENICO LOGROSCINO

Complessitŕ del governare, qualitŕ dei politici e ruolo dei partiti. Note in tempo di pandemia

(03.05.21)

Abstract

The complexity of the art government is made more evident than ever by the pandemic. Even in politics, technique is indispensable. The responsibility for selecting high quality politicians lies with the parties, but experience shows that they don't do it. Wrong choices – not measured in terms of skills and competences in government – are among the main causes of the political system’s delegitimization. A law on parties could be one of the right ways to respond.

 

 

ALESSANDRO LAURO

Note critiche sulla crisi del Governo Conte II e la formazione del Governo Draghi

(03.05.21)

Abstract

The paper analyses the crisis of the second Conte Ministry and the transition to the new Cabinet led by Mario Draghi. In particular, it reflects on two main aspects: the legitimacy of minority governments according to the Italian Constitution and the role of the President of the Republic handling the ministerial crises during the 18th legislature. In conclusion, some hypotheses are formulated for new constitutional conventions that could provide the Italian system of government with greater stability.

 

 

ANDREA MATTEONI

Legittimitŕ, tenuta logica e valori in gioco nelle “decisioni di incostituzionalitŕ prospettata”: verso un giudizio costituzionale di ottemperanza

(03.05.21)

Abstract

The paper addresses the theme of procedural aspects of the “Cappato’s case” and it supports the thesis according to which the decisional technique used by the Italian Constitutional Court is essential to fully safeguard the principle of constitutional legality, similarly to what happens in the executive process in front of the administrative judge)

 

 

CARMELA SALAZAR

Lo “statuto costituzionale dello straniero” e il diritto d’asilo

(03.05.21))

Abstract

The paper discusses current migration policies, underlining the need for legislative interventions that mark the abandonment of the emergency approach. Moreover, these interventions, taking into account the now structural nature of immigration, should both favor the regular entry of foreigners for work reasons, and redeem the constitutional right of asylum from the typical uncertainty of rights without law.

 

 

 

 

 

Consulta OnLine (periodico online) ISSN 1971-9892