11 June 2024
Delegitimizing by Procrastinating
In countries where populist movements have garnered significant electoral support, their self-proclaimed role as the sole representatives of the true will of a unified people has led them to assert that their democratic legitimacy surpasses the technocratic authority of constitutional courts. The requirement of supermajorities in the election of Italy's constitutional judges has, in combination with a changed political landscape, led to political deadlocks, entailing the risk of jeopardizing the Court’s operability and partisanship-based appointments. Continue reading >>
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07 March 2023
The Italian “No Jab, No Job” Law Passes Constitutional Muster
The Italian legal system has known some unprecedented measures during the pandemic, including the lockdown regime, “green pass” system etc. Such measures have been probed by ordinary and administrative judges and by the Italian Constitutional Court (ICC). Notwithstanding some limited corrections, these measures stood up to scrutiny overall. This is also true for COVID-19 vaccine mandates. Now, with three judgments, the ICC dismissed all the challenges against it. Continue reading >>
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05 July 2022
The Italian Surname Saga
On May 31, 2022, the Italian Constitutional Court (ICC) finally rendered its much-awaited decision (ICC, decision no. 131/2022) about domestic legislation on surname attribution. The judgment deserves closer attention for two main reasons. Next to fostering gender equality, it also exemplifies the new role of the ICC within the Italian constitutional order. Continue reading >>
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15 February 2020
The Italian Constitutional Court Opens Up to Hear the Voice of Civil Society
On January 8 2020, the Italian Constitutional Court gave civil society a voice on the issues discussed before it. The Court amended the regulations governing the conduct of proceedings before it and puts itself in a position where it is able take account of expert opinions as well as civil society stakeholders. Continue reading >>17 December 2019
Shying Away from Strasbourg
Last week, the Italian Constitutional Court published its reasoning on a judgment regarding the so-called ergastolo ostativo (life sentence without parole). The challenged provision excludes persons convicted of serious crimes – primarily mafia-type – from a series of benefits (for example, permits and conditional release) in the event that they do not want to collaborate with the authorities. Italy’s Constitutional Court now held that this provision is not in line with the constitution but missed a chance to give full effect to the case law of the European Court of Human Rights. Continue reading >>
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27 February 2019
Not to be Pushed Aside: the Italian Constitutional Court and the European Court of Justice
A few days ago, with the decision no 20/2019, the Italian Constitutional Court (ICC) has set a new cornerstone in its relationship with EU law and, in particular, with the judicial treatment of issues covered by both national fundamental rights and the Charter of Fundamental Rights of the European Union. In so doing, the Consulta shows the intention to act as a pivotal institution in the field of judicial protection of fundamental rights. Continue reading >>
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05 June 2018
Two Courts, two Languages? The Taricco Saga Ends on a Worrying Note
The epic story of the confrontation between the Italian Constitutional Court (ICC) and the European Court of Justice (ECJ) that has become known under name Taricco has come to an end at last – somewhat different than expected, but nevertheless. On May 31 the ICC has handed down its final judgment. The hatchet between the Courts is buried. But the way it was done by the ICC is by no means conciliatory. Continue reading >>
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14 March 2018
Constitutional Rights First: The Italian Constitutional Court fine-tunes its “Europarechtsfreundlichkeit”
Only a few days after the Court of Justice of the European Union buried the hatchet in the so-called Taricco saga, the Italian Constitutional Court issued a decision that may inaugurate the most significant shift of its jurisprudence in European affairs since 1984, when the Constitutional Court fully accepted the principle of primacy of EU law and blessed the disapplication of national legislation incompatible with EU law. Continue reading >>02 August 2017
The Opinion of Advocate General Bot in Taricco II: Seven “Deadly” Sins and a Modest Proposal
The wind of populism is blowing across Europe and courts (including constitutional and supreme courts) are not immune therefrom. Within this context, the enforcement of the constitutional identity clause to contrast the application and, sometimes, the primacy of EU law would be a powder keg waiting to be lit. In the latest act in the Taricco saga, Advocate General Bot in his opinion in Taricco II does nothing to defuse it – on the contrary. Continue reading >>28 February 2017
Halving the “Italicum”: The Italian Constitutional Court and the Reform of the Electoral System
The Italian electoral system is currently hotly debated. With the so called "Italicum" former PM Renzi had introduced a fundamental reform. After the 2016 Referendum on it, the Constitutional Court now literally cut the law in half. Continue reading >>
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