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Corte costituzionale e giudici nell'Italia repubblicana
La Corte costituzionale e i giudici sono i protagonisti del nostro sistema di controllo di costituzionalità, chiamati insieme ad animarlo ciascuno nel proprio ruolo. Nei primi quaranta anni di vita della Corte costituzionale, dal 1956 al 1996, entrambi i soggetti procedono a una lunga serie di tentativi per accordare gli strumenti processuali di cui dispongono. I loro rapporti si fanno così sempre più stretti, e dalle iniziali incomprensioni si passa dapprima a una relazione di leale colleganza e poi a una reale condivisione del medesimo lavoro e dei medesimi obiettivi. Dalla metà degli anni novanta a oggi la Corte e i giudici si presentano più che mai uniti, e tutte le regole che presiedono alla loro relazione sono confermate e rafforzate. Al giro di boa del nuovo millennio, tuttavia, entrano in scena altri elementi, quali il sempre più intenso ricorso all'interpretazione conforme a Costituzione e la nuova dimensione europea della giustizia italiana, che possono rimettere in discussione gli equilibri finora raggiunti.
Constitutional Law in Italy
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Italy provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and...
Transitional Justice in Italy and the Crimes of Fascism and Nazism
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to th...
Remedies against Immunity?
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (in...
Commentary on the Italian Code of Civil Procedure
Commentary on the Italian Code of Civil Procedure is a unique and comprehensive guide to understanding the structure and functioning of the Italian Code of Civil Procedure. The book provides a reliable translation to the provisions for the implementation of the 840 articles of the Italian Code of Civil Procedure. An indispensible resource for practitioners in the field, this book provides a description of civil procedure and the translated text of the Italian Code of Civil Procedure, with an explanation of the legal terms, provisions for the implementation of the Code, and valuable commentary. The commentary and translations included in this book were prepared by Italian attorneys with extensive experience working with the Italian Code of Civil Procedure and American Civil Procedure.
The Constitutional Boundaries of European Fiscal Federalism
This book provides an authoritative source for which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order. It offers an encompassing guide to the leading constitutional case law in all EU Member States.
Italian Populism and Constitutional Law
This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.
Labour Law in the Courts
This book deals with six EU Member States analysing two areas of substantive law: transfer of undertakings and equality legislation.
