The paper faces the postponement of elections during pandemics in Italy. It assesses the necessity of a constitutional balancing among the democratic principle, in one hand, and the freedom of vote and the right to health, in the other. The former would require not to postpone the elections, the latter the opposite. The paper distinguishes the space of this balancing according to the different legal force of the sources of law, which regulate every specific election. It concludes that the postponement of elections in Italy during PANDEMICS shows lights and shadows. In fact, the postponement of the constitutional referendum and other elections during the first phase of pandemics seems to comply with a reasonable balancing of the constitutional values at stake, while the postponements in the second phase of pandemics seem to sacrifice excessively the democratic principle.
The paper examines the decision no. 48 of 2021 of the Constitutional Court, as a fundamental piece in a jurisprudential path in the matter of litigation relating to national elections, historically characterized by a conspicuous weakness of judicial protection.
The ruling partially resolves the "black hole" of the absence of judicial protection on disputes concerning the preparatory electoral procedure relating to the elections to the Chamber and the Senate. However, the Constitutional Court does not renounce to urge the Chambers to follow up on its decision by outlining "an ad hoc procedure, which ensures timely pre-electoral justice".
La Consulta sulla c.d. proroga tecnica per gli operatori del gioco lecito nella Legge di Bilancio 2018. Lo scrutinio “a maglie larghe” della Corte nella sentenza 49/2021, tra esigenze di finanza pubblica e libertà di iniziativa economica privata
The essay aims at offering some preliminary comments on decision of the Italian Constitutional Court no. 49/2021, regarding the alleged constitutional illegitimacy of certain provisions of the Budget Law for the financial year 2018 (i.e. Law No. 205/2017) addressed to gaming operators. After a brief summary of the decision, the author makes a critical comparison between the motivation of the Constitutional Court and the European Court of Justice's consolidated case-law on such matter.
The article examines the constitutional right to healthcare and focuses on the social aspect of this right. Having stated the right to healthcare, Article 32 of the Italian Constitution imposes a "duty" to help (social and medical) whenever the health of a person is considered an interest of the community. The "duty" to provide assistance might include compulsory health treatments, including vaccinations. After reconstructing the current legislation on mandatory vaccination for health personnel, the author analyses the "strong" recommendation provided both at national and European level on vaccination (the so-called EU green pass). Finally, the emphasis is focused on the principle of social solidarity (Article 2 Costitution) by virtue of which it seems to understand the "moral" duty to vaccinate in order to safeguard one's own health and that of the community. Hence, the principle of social solidarity allowed the state to opt not to impose vaccination.
The paper analyses the recent Court of Justice judgment of 2 March 2021 about data retention regulation. Having revisited the developments on the subject matter both in European and Italian legislation and case law, this research assesses the conceivable internal consequences that such judgement might create in our own legal system
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”.
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.
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.
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.
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.
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.
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)
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.