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Through the incorporation of the Charter of Fundamental Rights into the 'new' treaties of the Union, there is a more accomplished positivation of fundamental (civil and social) rights. However, it cannot be said that the catalogues of these rights correspond to the more developed catalogues of rights enshrined in national constitutions. The jurisprudence on the relationship between social rights and EU economic freedoms makes this well clear, raising the complex issue of the claimed generalized primacy of EU primary law over national constitutional law. This issue has already found initial answers in the 'doctrine of counter- limits' by the European constitutional courts and more recently an innovative jurisprudence of the Italian constitutional judge aimed at enhancing the national judge as 'European judge' in promoting 'dialogue' between the courts. Within this framework, it cannot be denied that while the EU regulation of social rights does not contradict, it certainly does not, at the bottom, correspond to its conception in national socially-based constitutional orders. In the face of such framework, now disclosed by multilevel constitutionalism but not yet fully fulfilled, it would seem that the imprecise and uncertain nature of certain provisions of the European Charter of Fundamental Rights could be overcome by their innovated politicization in a more accomplished catalogue of social rights, within a revised Charter of Fundamental Rights. The 'circulation of rights' and, more generally, the 'European integration process' itself could usefully benefit. [ABSTRACT FROM AUTHOR]

After some hints, also of a methodological nature, on the evolutionary problems of regionalism in the first post-war republican period, the article analyzes some of the problems of the distribution of powers in the light of the twenty years following the constitutional reforms of Title V. This analysis will also be made in a comparative perspective with the homologous forms of territorial decentralization of the powers that can be observed in the European states with a regional and federal form. In conclusion, the paper will question the new relationships created between regional political autonomy, the impact of the economic crisis, European integration, and issues of the effectiveness of rights, above all (social but not only). [ABSTRACT FROM AUTHOR]

Starting from recent systemological research and the debate on the comparative method, the paper first proposes a reflection on the heuristic validity of the typological categories of private and public comparative law and their use to study the trans-nationalization and globalization phenomena. In the same perspective, the analysis focuses on the "deformalization" attempts of classical legal science (especially constitutional), in the view of a realist approach more attentive to the issues of living law and concrete subjects of the legal system. The analysis, therefore, addresses the issues that have characterized the formation of the primary law of the Union. In addition, the paper examines the case-law of the Court of Justice that contributed to the jurisprudential recognition of fundamental rights at the European level, making use for this purpose of the "constitutional traditions common to the member states of the Union". Finally, the conclusions propose a question relating to the right to form jurisprudence of the Union in the field of protection of fundamental rights. From a systemological point of view, this leads to the question of whether it is a peculiarity of the European legal system, or a case study intended to influence, if not also the origin, the developments of the legal systems at the global level in this matter. [ABSTRACT FROM AUTHOR]

Political representation and popular sovereignty are the two main theoretical themes that help the constitutionalist to qualify the institutional/constitutional manifestations of modern liberal democracy. The latter finds its historical origins in the French revolutionary events of discontinuity with the absolute state and its development in the forms of social and participatory democracy of the post-war constitutionalism. The analysis of the Italian constitutional model is at the heart of the paper. This model proposed a highly innovative due to the enhancement of popular sovereignty and the political forms of its exercise as they focus on the central role played by the provision of the participation of political parties in determining national politics. In particular, the paper analyzes the Italian constitutional model to grasp its evolution in the context of internal democratic life and concerning the concrete conditioning of public institutions carried out by them. In this perspective, the article raises two questions. On the one hand, it asks whether a democracy without parties is possible in the context of the transformation and crisis of parties. On the other hand, in a comparative analysis perspective open to countries of pluralist democracy on both sides of the ocean, it questions whether the interventions on the institutions of constitutional democracy - even of a manipulative type - do not disclose worrying scenarios of a 'besieged democracy' that still conforms to the experiences of illiberal democracy. [ABSTRACT FROM AUTHOR]

The article examines the issue of the protection of fundamental rights from the perspective of the process of European integration and its relations with the internal constitutional order in the context of "multilevel constitutionalism". In this context, recent new guidelines of the constitutional case-law underline how the ordinary national judge is called to occupy a role of increasing importance in relations with the Constitutional Judge and dialogue with the Judge of the Union (ECJ). These trends assign a new centrality to the "counter-limits doctrine" concerning the ECJ doctrine on the primacy of EU law about the constitutional provisions on the fundamental principles and rights. In this perspective, the paper examines both the issue of the relationship between economic fundamental freedoms and the process of European integration and raises questions about the level of jurisdictional protection of these fundamental freedoms between national constitutions and EU primary law. [ABSTRACT FROM AUTHOR]

The text intends to present the main themes of the conference "Constitution, guaranteed minimum income, European pillar of social rights" (Cosenza, 8 to 9 April 2019), having regard to both internal and EU law profiles. To this end, it is first mentioned the framework of constitutional principles supporting the right to work, substantive equality and the "free and dignified existence " of which the guaranteed minimum income constitutes an implementing legislative measure, by specifically recalling Mortati thesis on this measure as a possible "compensation for failed work ". Further considerations are then made on the subject of social rights at the Union level, underlining their asymmetries with respect to national constitutional fundamental principles and rights. [ABSTRACT FROM AUTHOR]

This article analyses how the Spanish parliamentary regime works, comparing it with others and examining the historical evolution of parliamentarism in Europe and its treatment by Italian and Spanish scientific doctrine. After some initial methodological considerations regarding the relationships that the author discerns between parties and electoral systems in today's democracies and how these influence different manifestations of parliamentary government, it analyses the Spanish parliamentary experience in greater detail, focussing on said relationships since Constitution was adopted in 1978, and studying the formula through which progressive rationalization took place. [ABSTRACT FROM AUTHOR]

The author provides an interesting analysis of the evolution and present situation of social rights and the welfare state, with an emphasis on the array of realities of the country members of the european union and the european union itself. The work highlights the historical trend to use programatic rules to regulate these rights, as well as the leading role of case law in its development, in spite of a sharp dose of instability. upon pinpointing the special case of health, the author refers to what he calls social coldness in the union (with respect to social rights) and the need to regulate these rights. [ABSTRACT FROM AUTHOR]