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In its judgment No. 238/2014 the Italian Constitutional Court, whilst appearing to show respect for the ICJ’s 2012 judgment in Jurisdictional Immunities of the State, makes notable criticisms of that judgment and insists on its own role in the progressive development of international law in the field of State immunity.
PISILLO MAZZESCHI, RICCARDO
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The impact of the European courts on the Italian Constitutional Court
This chapter describes the impact of EU law and of the ECHR on the case law of the Italian Constitutional Court.
MARTINICO, GIUSEPPE, O. Pollicino
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Reference to foreign precedents by Constitutional Courts varies steadily across countries. Countries can be divided into two broad groups, a divide following closely the common/civil law divide. While in countries such as Australia, Canada, Ireland, Israel and South Africa, the use of foreign law is widespread, in the second group (comprising Austria ...
DE BELLIS, M, DE BELLIS, MAURIZIA
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Rewarding judicial independence: Evidence from the Italian Constitutional Court [PDF]
We use data about the Italian Constitutional Court (1956–2006) to verify an implication of the “revisionist” explanation of judicial independence related to judicial appointments, namely that elected politicians reward more independent justices with appointments to politically controlled posts after their Court tenure expires.
FIORINO, NADIA +2 more
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Tracking Judicial Dialogue — The Scope for Preliminary Rulings from the Italian Constitutional Court
In cases 102–103/2008 for the first time the Italian Constitutional Court has referred a question to the Court of Justice under the Article 234 EC procedure.
Marco Dani
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Physician–Patient Relationship, Assisted Suicide and the Italian Constitutional Court
Journal of Bioethical Inquiry, 2021In 2017, Italy passed a law that provides for a systematic discipline on informed consent, advance directives, and advance care planning. It ranges from decisions contextual to clinical necessity through the tool of consent/refusal to decisions anticipating future events through the tools of shared care planning and advance directives.
Turillazzi E. +4 more
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The Italian Constitutional Court and the Surname of Children
2023Roma Tre Law Review – 02 ...
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The Italian Constitutional Court in the European Space: An Empirical Approach
2021The chapter provides an empirical assessment of the position of the Italian constitutional court in the European multi-level and multi-dimensional constitutional space. Taking the year 2016 as a case study, the chapter offers a critical review of all the decisions published that year by the Italian Constitutional Court on issues related to European ...
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European Law Journal, 2010
AbstractOn 15 April 2008, the Italian Constitutional Court (ICC) raised for the first time a preliminary question to the European Court of Justice (ECJ). This decision (see judgment No 102/2008 and order No 103/2008) represented a turning point in the ICC's case‐law, and calls for a careful assessment of the motives backing such revirement as well as ...
Fontanelli, F, Martinico, G
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AbstractOn 15 April 2008, the Italian Constitutional Court (ICC) raised for the first time a preliminary question to the European Court of Justice (ECJ). This decision (see judgment No 102/2008 and order No 103/2008) represented a turning point in the ICC's case‐law, and calls for a careful assessment of the motives backing such revirement as well as ...
Fontanelli, F, Martinico, G
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