POSTS BY Massimo Fichera

The Italian President and the Security of the European Project

In a previous post, I have argued that the recent decision of the Italian President Mattarella to refuse to appoint as Finance Minister Paolo Savona, was constitutional. Many have argued either in favour or against Mattarella’s decision, either from legal or political perspective, or both. My argument is as follows: (a) the decision to refuse Savona’s appointment is not only legal, but also legitimate, as confirmed by the legal-historical context, in which the Italian form of government has developed; (b) the reasons behind Mattarella’s decision are deeply linked with the “security of the European project”, a rationale which has been a constant feature of European integration. Yet conflicts and contradictions have been concealed for too long and should be addressed more directly.

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The People vs. the Elite: Italian Dialectics and the European Malaise

Has the Italian President power of veto over the choice of the ministers of the government? Some argue that the Constitution does not allow Mattarella to go against the indications of the winning parties and should respect the will of the majority of the electorate, and should abstain from interfering with the political choices of the future Prime Minister. These considerations are not correct and follow from a superficial reading of the Constitution.

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The Paradox of Liberal Constitutionalism: a Call for Communal Constitutionalism

We should be careful when we embrace the new transnational paradigm. If dialogue can take place, this must not forget that constitutionalism’s soul must be looked for at the local level, not in the fluid transnational arena – beyond the seemingly neutral vocabulary of technocracy, and reaching out to a physical space where claims can be put forward, resources allocated, boundaries defined, and decisions contested, within touching distance.

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All you need is law: Same-sex marriage in Italian courts

The Italian Corte di Cassazione (CdC) has delivered a judgment which marks a fundamental change of direction in the treatment of same-sex marriage in the Italian legal system.  Case 4184/12, decided on 15 March 2012, illustrates the piecemeal nature of legal developments affecting same-sex marriage, as well as the complex mix of issues that arise […]

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