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Parità tra genitori e cognome dei figli: il Belgio abolisce le discriminazioni, mentre l’Italia resta in attesa di una riforma

By on November 20, 2018

Especially over the last two decades, many countries of continental Europe have undergone fundamental reforms of the rules relating to the transmission of the surname to children under the pressure of the principles of equality between man and woman and non-disparity in treatment based on the type of filiation. This has led to the erosion of the widespread principle prescribing the automatic and invariable attribution to the descendants of the paternal surname and the resulting recognition of the possibility for them to be attributed the mother’s surname. The Belgium most recently adopted legislation, which has definitively eliminated discriminatory solutions…

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Colpi di fioretto della Corte dell’Unione al corpo della Consulta, dopo la 269 del 2017 (a prima lettura della sentenza della Grande Sez., 24 ottobre 2018, C-234/17, XC, YB e ZA c. Austria)

By on November 8, 2018

In this essay the author analyzes the decision C-234/17, XC, YB e ZA c. Austria, as a reaction to the Italian Constitutional Court decision n. 269/2017. Although a clear reference to the latter is not to be found, the ECJ highlights a strong position regarding preliminary ruling procedure, conceived as the keystone of the EU judicial system and confirms the principle of disapplication of domestic rules incompatible with EU law.

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Il principio di dignità e la giurisprudenza sui diritti dei richiedenti asilo

By on November 6, 2018

Moving from a theoretical recasting of the “right to have rights” in the works of Hannah Arendt, the author deals with some critical stances on the legal treatment of asylum-seekers’ fundamental rights. In particular, it focuses on human dignity as a viable legal instrument in order to overcome the growing selective use of rights and remedies in the current migration crisis.

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Stato di diritto, indipendenza delle corti e sovranità popolare: armonia o conflitto?

By on October 31, 2018

Moving from both a theoretical and a historical perspective, the author investigates the changing patterns of the relationships between the independence of the judiciary and the sovereignty of the people and its outcomes. In the current scenario, such a complex and multi-faceted relationship must deal with the challenges raised by the supporters of popular movements against the rule of law and the constitutional justice.

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L’indipendenza delle corti nel diritto costituzionale, comparato ed europeo: la prospettiva della Corte europea dei diritti dell’uomo

By on October 30, 2018

This essay aims at highlighting the importance of judicial independence as a guarantee in the perspective of the European Court of Human Rights. Courts are regarded as vital institutions for the safeguard of democracy and the rule of law and their independence has to be evaluated in relationship with executive and legislative power. An often neglected aspect taken into account by the case-law of the European Court of Human Rights regards the independence of judges as individuals.

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