Results 211 to 220 of about 3,385 (245)

ACCESS TO JUSTICE IN CONSTITUTIONAL AND INTERNATIONAL LAW: THE RECENT JUDGMENT OF THE ITALIAN CONSTITUTIONAL COURT

open access: yesThe Italian Yearbook of International Law Online, 2015
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
openaire   +3 more sources

The impact of the European courts on the Italian Constitutional Court

open access: yes, 2011
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
openaire   +3 more sources

Foreign precedents in constitutional litigation. The Italian Constitutional Court and Comparative Law: A Tale of Two Courts

open access: yes, 2014
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
openaire   +2 more sources

Rewarding judicial independence: Evidence from the Italian Constitutional Court [PDF]

open access: possibleInternational Review of Law and Economics, 2015
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
openaire   +4 more sources

Tracking Judicial Dialogue — The Scope for Preliminary Rulings from the Italian Constitutional Court

open access: yesMaastricht Journal of European and Comparative Law, 2009
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
exaly   +2 more sources

Physician–Patient Relationship, Assisted Suicide and the Italian Constitutional Court

Journal of Bioethical Inquiry, 2021
In 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
openaire   +3 more sources

The Italian Constitutional Court in the European Space: An Empirical Approach

2021
The 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 ...
openaire   +3 more sources

Between Procedural Impermeability and Constitutional Openness: The Italian Constitutional Court and Preliminary References to the European Court of Justice

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
openaire   +3 more sources

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