Consulta OnLine (periodico online) ISSN 1971-9892
2024/II
maggio-agosto
Parte Prima
STUDI
ADRIANA
CIANCIO
(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
(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)
Consulta OnLine (periodico online) ISSN 1971-9892