Articles
Managing the Conflict: Building Infrastructure and Democratic Participation
Infrastructure siting policies continue to be the frequent target of opposition from the local communities that bear the economic and social costs of the construction of unwanted facilities—a phenomenon that does not happen only in Italy. The question of balancing the certainty and inclusiveness of these controversial decisions has long been the subject of
The Problem of the Relations between the European Central Bank and the European Banking Authority
Since the autumn of 2014, the European Central Bank (ECB) has had the authority to supervise the banking sector in the entire Eurozone. This new regime is a significant departure from the previous system: pursuant to the creation of the Single Supervisory Mechanism (SSM), the EBA’S regulatory role should remain essentially unchanged; however, in
Notes
About the Creative Role of Judges
In Bernd Rüthers’ latest book «The Silent Revolution from the Rule of Law to the Rule of Judges: Legal Methods and the Constitution. An Essay», the legal scholar explores the relationship between legal methods and judicial creativity in today’s German legal system. He offers many criticisms of Germany’s higher courts, including the Constitutional Court,
Review
«Leggi-provvedimento» (law-orders) and Legal Protection in the Italian Constitutional System
As a starting point, this research adopts the custom of using legislative acts to exercise administrative functions and examines the constitutional and interpretative limits on the exercise of administrative functions by the Italian Parliament and Regional Councils. It also analyses the reasons that lead to the performance of administrative functions through administrative acts that
2013-2014 Constitutional Chronicles
This text briefly reviews the main constitutional events that took place in 2013 and 2014. Among these: the national elections and the beginning of the XVII Legislature, the re-election of Giorgio Napolitano as President of the Republic, the rise and fall of the government of Enrico Letta, the new government headed by Matteo Renzi,
Foreign Experience
Fall Affirmation of the Dignity of the Person in French Public Law
Recognized by the French Constitutional Court in 1994, the notion of human dignity has permeated French law, surrounded by the heritage of its fundamental role in the German constitutional order. However, under French law, the notion of human dignity could never – and probably will never – play the role that it does under