Articles
Santi Romano and the Concept of Institution
This contribution seeks to provide new views on Santi Romano’s institutional theory of law. Particular attention is paid to the role of the State and legislation within Romano’s conception, and to a comparison with institutional and pluralistic theories developed in other countries.
The Systemic Deficit in the EU, with a response by Luca De Lucia
The current EU crisis is not only financial. Most importantly, it also affects the founding principles of the Union as set out in Article 2 TEU. In particular, one principle that has served as the cornerstone of European integration appears to be especially under threat: the rule of law. Due to endemic corruption, weak institutional
Breaches of European Law and National Remedies
This article discusses whether violations of European law by national administrative acts may give rise to specific consequences within national legal orders. In particular, after examining the relevant case law of the European Court of Justice, the article focuses on three problematic issues: the legal regulation of the invalidity of administrative acts, the constraint of
The New Article 97 of the Italian Constitution
Since 1 January 2014, Article 97 of the Italian Constitution establishes two new principles that apply to the public administration: the principle of balanced budget, and the principle of public debt sustainability. This article analyzes the origin of these principles, their content, and their effect on the organization and behaviour of the public administration, especially
Historical Studies
The Contribution of Luigi Rava (1860-1938) to Italian Public Law Scholarship
This essay seeks to study and analyze Luigi Rava’s works and political and administrative commitments. Luigi Rava (1860-1938) was an Italian professor of law and administrative sciences, a minister and undersecretary in the governments of Francesco Crispi and Giovanni Giolitti, a member of Parliament and a Senator in the Italian kingdom, and a member of
Review
2013 European Chronicles
The 2013 European Chronicles open with a brief summary of the year’s major events (i.e. the developments relating to the banking union, Latvia’s entry into the Eurozone and Croatia’s accession to the European Union). The European Chronicles then analyze the Union’s main developments, taking into consideration the conclusions adopted by the European Council’s meetings, as
2012 Constitutional Chronicles
This text provides a brief review of the main constitutional events that occurred in 2012. Among these: the crisis of the Monti government and the early dissolution of Parliament, the role of the President of the Republic, the legislative activity and institutional reforms, the relationship between the State and the Regions and the Constitutional Court’s