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L’indipendenza della Corte costituzionale turca fra legittimità delle leggi e tutela dei diritti. Quali segnali per la tenuta della democrazia in Turchia

By on March 8, 2019

The Turkish Constitutional Court has traditionally played a very relevant role in the struggle between competing visions about the Republic. Indeed, established as one of the pillars of the Republican Alliance together with the other ‘Kemalist’ institutions (the Army and the Presidency of the Republic), has for decades the Court has supported their political vision by declaring the unconstitutionality of those laws and constitutional amendments harming the principles of Kemalism as well as by banning ‘divergent’ political parties. The Akp era, however, has challenged the Court, in a general political environment characterized by the end of the Republican Alliance….

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Diritto alla vita familiare e riconoscimento del matrimonio same-sex in Italia: note critiche alla sentenza Orlandi e altri contro Italia

By on February 26, 2019

This paper analyzes the ECtHR decision in case Orlandi and others v. Italy, where six same-sex couples complained that Italian authorities refused to register their marriages celebrated abroad, thus preventing them to benefit from any right deriving from their marital status. Even though in Orlandi and others it is once again affirmed that there’s no Convention right to marriage for same-sex couples and that contracting States have wide discretion on same-sex marriages registration, the Court found that Italy breached Art. 8 ECHR, protecting private and family life, since such refusal left the applicants without any kind of legal protection…

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Il contenzioso sul risarcimento dello Stato alle vittime di reato: Cass. n. 2964/2019 alla ricerca dell’eguaglianza europea

By on February 22, 2019

The Court of Cassation has issued an interlocutory order (no. 2964/2019) in the framework of the first judicial dispute in which Italy’s non-compliance with the obligations arising from Directive 2004/80/EC on compensation to victims of violent intentional crimes has been first addressed. This interlocutory order aims to engage in dialogue with the Court of Justice on critical issues for the future of the European Union and the Member States as well. After analysing the case critically, the author makes some points on the possible scenarios that the Court of Justice will likely face.

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Recensione a Lucia Scaffardi, Giustizia genetica e tutela della persona. Uno studio comparato sull’uso (e abuso) delle Banche dati del DNA a fini giudiziari, Padova, CEDAM, 2017

By on February 19, 2019

In margine alla pubblicazione del volume di L. Scaffardi, Giustizia genetica e tutela della persona. Uno studio comparato sull’uso (e abuso) delle Banche dati del DNA a fini giudiziari, Padova, CEDAM, 2017

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Dismantling Constitutional Review in Hungary

By on February 15, 2019

The paper deals with recent deviations from the shared principles of constitutionalism in Hungary, such as limited government, adherence to the rule of law, and guaranteed fundamental rights, especially through substantially limiting the review powers of constitutional courts and packing them. This dismantling of constitutional review was mainly introduced by the new Hungarian constitution enacted in 2011, but the process has already started right after FIDESZ’ 2010 electoral victory, and concluded by the 2013 Fourth Amendment to the Fundamental Law of Hungary. After discussing the fate of judicial review in Hungary the paper tries to delimit the treatment of…

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Direttori
Andrea Buratti, Giuseppe Martinico, Oreste Pollicino, Giorgio Repetto, Raffaele Torino