1,721,096 research outputs found
Ethical Codes and Speech Restrictions: New Scenarios and Constitutional Challenges to Freedom of Teaching at University—The Italian Perspective
No full textUniversities all over the world are adopting rules aimed at protecting sensitive individuals from topics that may cause emotional distress or produce discrimination. Some of these rules even require teachers to warn students of political or religious beliefs expressed in course materials, and to point out “no go areas”. In Italy, this new turn in the ethic of care still only seems a distant possibility, although a number of University ethical codes have been adopted and many guidelines already require the use of a gender-fair language. Are these policies compatible with freedom of teaching under Article 33 of the Constitution? This chapter examines the issue through the Italian case-law
Il delicato ruolo del giudice tra valutazioni scientifiche controverse e scelte politico-discrezionali in materia di OGM = The delicate role of the judge, among controversial scientific evidence and discretionary choices, in the field of GMOs
Full text linkL’attivazione del potere istruttorio tra forme consolidate e scelte innovative : riflessioni a margine della sentenza costituzionale n. 197 del 2019
Full text linkOn the 2 nd of July 2019, the Italian Constitutional Court decided upon an appeal filed by the State against the regional law n. 8/2018, passed by Sicily. The judgment, following a wellsettled case law on article 81 of the Constitution, affirmed that part of the articles challenged are unconstitutional. As for the remaining articles, the Court postponed the decision and delivered an investigative injunction, asking Sicily and the Italian Government to provide further data. The paper reflects on this uncommon use of the Court’s investigative powers, both for its procedural effects and its broader meaning within the judicial review of legislation
La politica migratoria polacca tra crisi costituzionale, istanze solidaristiche e rivendicazioni identitarie
Full text linkIn 2015, when the EU faced a huge migrant crisis, the
nationalist party PiS won the Polish elections. As an answer to people’s
fear, Kaczyński’s party refused to operate refugees' resettlements as it
was required by the emergency plann put in practice by the EU. Due to
this refusal, the Commission started an infringement procedure against
Poland. After framing the main legal issues of the episode, the paper
analyses reasons and features of Polish migrant policy of the last four
years, within the wider background of populism and constitutional crisis
faced by the country
La libertà di riunione in tempi di emergenza sanitaria e distanziamento sociale
Full text linkAmong the measures adopted to tackle the spread of Sars-Cov-2 in Italy, many have been oriented towards the promotion of social distancing, long considered the most effective strategy to slow down a highly contagious virus. These measures, often contained in Prime Ministerial Decrees, have severely affected the freedom of assembly guaranteed under Article 17 of the Constitution, in all its forms: the freedom of assembly in private, public, and public places has been restricted.
In the same way, many other constitutional freedoms, and prerogatives, to which freedom of assembly is in-strumental, have been curbed: the right to profess and exercise one's faith in an associated manner, the right to express one's thoughts collectively, and so on.
This contribution will first recall the limits traditionally considered admissible to freedom of assembly. It will then attempt to analyse whether and to what extent the limitations placed on citizens’ freedom of assembly during the epidemiological emergency can be justified and grounded in the clauses and principles contained in the Constitution. It will also be considered that, according to part of the doctrine, the pandemic represents a “constitutionally relevant fact” which opens the possibility of new balances and new forms of limitation to the rights enshrined in the Charter.
Whether one adheres to the approach according to which the Italian Constitution is provided with all the nec-essary instruments to cope with the emergency, or one holds that the peculiarities of the pandemic crisis are such as to impede reasoning with the parameters of the ordinary regime, the restriction of constitutional pre-rogatives of the caliber of the freedom of assembly - as indicated by a consolidated constitutional jurisprudence - must respect the principles of temporariness and proportionality. With reference to this second criterion, the essay aims to highlight the role of the Technical-Scientific Committee of the Civil Protection which, pursuant to art. 2 of Law Decree no. 19/2020, is heard on the technical-scientific profiles of the containment measures adopted by the Government and for the assessment of the adequacy and proportionality of the same. The opin-ions offered by the CTS in relation to the need to limit meetings, with reference to large meetings, will therefore be considered. This will provide an opportunity to make some concluding remarks on the relationship between policymakers and expert
One Health e Costituzione italiana, tra spinte eco-centriche e nuove prospettive di tutela della salute umana, ambientale e animale
Full text linkThis paper, after some introductory remarks on the origins of the One Health paradigm and its
points of contact both with the principle of Sustainable Development and the theory of Earth Jurisprudence,
intends first to consider whether its implementation necessarily requires a turn of the
constitutional system in an eco-centric direction. Second, the paper reflects on possible obstacles to
the One Health descending from the allocation of competences between State and Regions on matters
of relevance to the application of the paradigm. For the purpose of the proposed analysis, we will
assess the problematic profiles of the establishment of the National System for Health Prevention from
Environmental and Climate Risks, which concurs the pursuit of primary prevention goals through
the application of the One Health integrated approach
Un’ulteriore sperimentazione regionale nella lotta ai disturbi della nutrizione e dell’alimentazione. Osservazioni sulla legge regionale 10/2022
Full text linkThe paper examines the regional law of Piemonte nr. 10/2022 providing measures to prevent and treat eating disorders, supporting patients and their families. After analyzing the main features of the law (particularly the role of the “Rete regionale” and the “Osservatorio”), the article offers a comparison with the similar regional law in Lombardy and some broader reflections on Italian regionalis
Eine empirische Wende? : La Corte costituzionale e le sfide della complessità tecnico-scientifica
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