–Diletta Tega, University of Bologna Some recent cases on VAT frauds are the background of a strained dialogue between the Italian Constitutional Court (ICC) and the European Court of Justice (ECJ). Although the latter has the last word on the scope and meaning of State obligations under EU law, the former claims the final say
The Italian Constitutional Court Rules on Electoral System
–Giacomo Delledonne (PhD in Constitutional Law, Scuola Superiore Sant’Anna, Pisa) and Giovanni Boggero (PhD in Public Law, Università del Piemonte Orientale “Amedeo Avogadro”, Alessandria) On January 25, 2017 the Italian Constitutional Court issued a press release, announcing the key points of its decision concerning the electoral law passed by Parliament in 2015 (the so-called Italicum).
The Italian Constitutional Challenge: An Overview of the Upcoming Referendum
—Lorenza Violini, Full Professor of Constitutional Law, University of Milan, and Antonia Baraggia, Post-doctoral Fellow, University of Milan As it is well known, Italy is in the midst of a great constitutional reform, which–if approved by the referendum that will be held on December 4th–will modify 47 Articles of the Constitution (corresponding to 33% of the
Developments in Italian Constitutional Law: The Year 2015 in Review
[Editor’s Note: In this special post, we feature a 2015 year-in-review of developments in Italian Constitutional Law. We are grateful to Marta Cartabia, Pietro Faraguna, Michele Massa and Diletta Tega for this important contribution to the study of comparative public law. We hope this will serve as a model for other scholars interested in preparing similar reports on
Venice is not Barcelona: A Less Aggressive Regional Question gets a More Nuanced Constitutional Answer
—Diletta Tega, University of Bologna (Italy) In 2014 it was not only the Catalan and Scottish governments which were involved in claims for independence: the Italian Region of Veneto was also involved. Yet the three cases are very different: in this post, I will try to describe the Veneto case and highlight its peculiarities. In
Chain Reaction: Constitutional Change Through Election Law Reform in Italy–Likely Scenarios After the Recent Reform of the Parliament Election Law
—Erik Longo (University of Macerata) and Andrea Pin (University of Padua)[1] While many people’s eyes were on UK general elections, another European country was setting out for a decisive constitutional shift. In the past, Italians repeatedly tried to amend their bicameral structure, which is composed of the Chamber of Deputies and the Senate, but they never succeeded. Now
Video Interview: Developments in Italian Constitutional Law Featuring Cristina Fasone
–Richard Albert, Boston College Law School In this latest installment of our video interview series at I-CONnect, I interview Cristina Fasone on developments in Italian constitutional law. In the interview, we discuss the recent electoral reforms in Italy, the Constitutional Court’s case law on domestic matters and in connection with European Union and international law, current debates
Mini-Symposium: Pin and Tega on Italian Constitutional Court Judgment No. 49/2015
[Editor’s Note: In this mini-symposium, Andrea Pin of the University of Padua and Diletta Tega of the University of Bologna comment on Judgment No. 49/2015 (March 26, 2015) of the Italian Constitutional Court.] A Jurisprudence to Handle with Care: The European Court of Human Rights’ Unsettled Case Law, its Authority, and its Future, According to the Italian Constitutional
Sovereignty of Rights vs. “Global Constitutional” Law: The Italian Constitutional Court Decision No. 238/2014
—Diletta Tega, University of Bologna (Italy) As Francesco Duranti already pointed out in his comment here at I-CONnect on 17 December 2014, Judgment no. 238, delivered on 22 October 2014, demonstrates how the Italian Constitutional Court (CC) “dialogues” with the International Court of Justice (ICJ) about the international custom on the immunity of States from the civil jurisdiction of
An Evolution in “Italian Style”: The Constitutional Court says it will Govern the Effects of its Judgments (and Will Use the Proportionality Test to Do It)
—Erik Longo (University of Macerata) and Andrea Pin (University of Padua) Since the adoption of the Constitution in 1947, Italy’s Constitutional Court (CC) has had the primary purpose of defending the normative superiority of constitutional law within the legal order. The Italian model of judicial review of legislation largely takes inspiration from the so-called ‘centralized’
