1,721,137 research outputs found
Un nuovo approccio alla rule of law: La Checklist della Commissione di Venezia
Get PDFThe Rule of law principle represents one of the most important pillars of the
Common European Heritage. This paper intends to study the contribution offered by the Venice
Commission, the advisory constitutional body of the Council of Europe, to the protection and
dissemination of the Rule of Law principle among its Member States. After outlining the identified
benchmarks of the Rule of Law principle in Europe, the paper studies the Commission’s practical
approach towards its Member States. The rationale of the research is to demonstrate the ever-
increasing relevance of the Venice Commission as a soft law body in the international scenario and
its fundamental contribution to the identification and implementation of the Rule of Law in Europe
Il Tribunale Costituzionale polacco, le Corti sovranazionali e la salvaguardia dello stato di diritto in Europa
No full textThe paper explores Poland’s troubled relationship with the European Union and the Council of Europe on the justice’s reform package. Starting from the two recent judgements of the Polish Constitutional Tribunal, with which it has declared the unconstitutionality of articles 1, 2 and 19 TEU and article 6 paragraph 1 ECHR, the paper analyses the possible evolution of Poland’s membership in the two Organizations
Cittadinanza europea e diritto di eleggibilità dei cittadini “mobili” dell’Unione: le sentenze della Corte di giustizia nelle cause C-808/21 e C-814-21
No full textClimate Change Litigation and the Role of the Judiciary
No full textClimate change is one of the most significant challenges of our times which affects unprecedentedly all peoples and nations at various levels. State’s actions taken to fight against the threat are often considered insufficient by many. Therefore, individuals and organizations have reacted by creating a new legal phenomenon called “climate change litigation”, with the purpose to try to forcing states to engage in an effective and efficient fight against climate change. During the last years, Courts have begun to play an increasingly important role in climate change action’s development. The tendency sees national and supranational courts as the main boosters in seeking government accountability for climate policy failures that endanger the society, by proving the link between the government’s inaction and specific climate-change-related harms.
After providing a methodological definition of climate change litigation, the contribution reviews the role of the Judiciary in climate change issues, discussing the notion of judicial activism in constitutional democracies.
Once identified the theoretical framework, the paper analyzes the relevant case law in Europe. Starting from the domestic implementation of the Climate change litigation, the paper reviews some relevant cases brought before national courts as the Dutch Urgenda case, the German Neubauer case, the French Affaire du Siècle case, and the Italian Giudizio Universale case.
Afterward, the analysis moves to the supranational level. First, it looks at the ECtHR’s contribution to the climate change litigation and the potential outcomes of its judgments, with a specific reference to the two pending cases Duarte Agostinho and others v. Portugal and Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. Secondly, it refers to the CJEU’s jurisprudence, looking at the Carvalho and Others case and the EU’s possible involvement in the climate justice forum.
The contribution aims to explore the ever-growing relevance of national and supranational courts in the affirmation of civil rights in the climate change litigation arena, representing a fundamental bulwark against governments’ inaction concerning one of the upcoming most significant societal changes
Framing the Rule of Law: The Contribution of the Venice Commission to the Implementation of the Rule of Law in Europe
No full textThe Rule of law principle represents one of the most important pillars
of the Common European Heritage. As expressed in the Preamble
and in Article 2 of the Treaty on European Union, Rule of Law is one
of the founding values shared between the European Union and its
Member States. In its 2014 A new EU Framework to strengthen the
Rule of Law the European Commission recalls that “the principle of
the Rule of Law has progressively become a dominant organisational
model of modern constitutional law and international organisations
to regulate the exercise of public powers”. Similarly, both in the
Preamble of the Statute of the Council of Europe and the Preamble
of the European Convention on Human Rights, the Rule of Law is
recognised as one of the three “principles which form the basis of
all genuine democracy” and an element of common constitutional
heritage. In the European scenario, both the European Union and the Council
of Europe have acted in several respects with a view to promoting
and strengthening the Rule of Law through many of their bodies.
This paper intends to study the contribution offered by the Venice
Commission, the advisory constitutional body of the Council of
Europe, to the protection and strengthening of the Rule of Law
principle among its Member States. The added value of this research concerns the Commission’s
innovative methodological approach to the Rule of Law principle.
Until now, the Rule of Law has been approached from a theoretical
point of view, in an attempt to give it a definition that would include
all the doctrinal theories elaborated on the principle. The Venice
Commission, on the contrary, after identifying a consensus between
its Member States on the core elements of the Rule of Law, the Rechtsstaat and the État de Droit, has elaborated a checklist for
evaluating the state of the Rule of Law in single countries, following
a practical approach. This original approach aims to facilitate a
correct and consistent understanding and interpretation of the
notion of the Rule of Law and, therefore, to facilitate the practical
application of the principles of the Rule of Law at a national level.
The research will first analyse the work conducted by the
Commission in identifying and selecting the common European
values constituting the implementation of the Rule of Law principle.
In order to do so, it will concentrate on the study of the “Rule of
Law Checklist”, adopted by the Venice Commission in 2016.
After outlining the benchmarks of the Rule of Law principle in
Europe, the paper will examine its practical implementation within
the Commission’s Member States. This analysis will be carried out
by taking into account the standards defined by the Commission
on the one hand and, on the other, by evaluating their practical
application in the Commission’s opinions.
For this purpose, it will be useful to proceed to a cross-study of the
Venice Commission’s Checklist and the relevant opinions.
The rationale of the research will be to demonstrate the ever-
increasing relevance of the Venice Commission as a soft law body
not only in Europe but also in the international scenario and its
fundamental contribution to the strengthening and implementation
of the Rule of Law in Europe
La Commissione di Venezia e le democrazie mature. Un focus sul parere 827/2015 sulla Riforma della Corte Costituzionale spagnola
Get PDFRecently the Venice Commission, the Council of Europe’s advisory body on constitutional matters, adopted an “Opinion on the law of 16 October 2015 amending the Organic Law No. 2/1979 on the Constitutional Court”. This comment, by analysing the Opinion, aims to highlight the growing tendency of the Commission to deal not only with new-established democracies but also with well-established democracies like, for instance, Spain. Furthermore, the comment will underline the Commission’s fundamental contribution to the process of internationalization of constitutional law through the identification of some common Europea standards and constitutional traditions
La Corte costituzionale tra questione di genere, discrezionalità del legislatore ed esigenza di preservare l’armonia del sistema (a margine della sentenza 1/22 della Corte costituzionale)
Get PDFThe paper analyzes the decision 1/2022 of the Italian Constitutional Court on the
constitutionality of the gender-based selection of boarding school educators. Focusing on the Court’s reasoning, the paper investigates the relationship between the Constitutional court and the legislator concerning sensitive issues requiring an interpretation of the collective wil
Il principio di non discriminazione e il riconoscimento giuridico delle comunità religiose e di pensiero: la legislazione armena al vaglio della Commissione di Venezia
No full textThe recognition of a legal personality is fundamental for the
full enjoyment of freedom of religion by religious organizations. Their
activity would be complex without a legal personality. Its absence would
constrict fundamental aspects for the exercise of this freedom.
Consequently, the denial of a similar attribution to a religious community
must be justified and limited to residual hypotheses. The Venice
Commission has prepared the "Joint Guidelines on the legal personality of
religious or belief communities", paying attention to the regulation of the
manifestation of religious belief in public contexts and to the internal
organization of religious communities and their recognition within the
state. Starting from the recent Joint Opinion n. 909/2017, adopted by the
Venice Commission on March 17th 2018, the paper will analyze the practical
implications of these Guidelines with regard to the Armenian law on
freedom of conscience and religious organizations. Through a comparison
of the potential discriminations in the procedure of registration of religious
organizations with international standards on the subject, it will study the
Commission’s approach first in identifying and delineating these standards
and, secondly, according to them, in amending the current legislation. This
analysis, both on the general question and on the specific case of Armenia,
will lead through an investigation of the role of the Venice Commission and
its position at international level
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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