The I·CONnect-Clough Center 2018 Global Review of Constitutional Law: Italy

Abstract

The Italian Constitutional Court has long characterized its position within the constitutional system by exercising a significant effort in coordinating its powers both with other constitutional institutions (“horizontal relationality”) and with international and supranational law (“vertical relationality”). Accordingly, our report on constitutional developments in 2016 primarily focused on aspects of vertical relationality, while our 2017 report focused on horizontal relationality. These dimensions remained crucial in 2018: in particular, the Court intensified its capacity of relationality with civil society, by organizing an unprecedented calendar of visits by constitutional judges in public schools and prisons. Last year’s case law also stands out for an apparent judicial engagement on fundamental rights. The Court reasserted its crucial role in one of the most classical and characterizing fields of constitutional adjudication. While this concern emerges more clearly in crucial developments concerning limits to the judicial enforcement of rights (and focusing in particular on significant decisions reported in Part II in the field of the correction of correctional harshness, alternatives to mandatory sentences, and end-of-life choices), it runs through many other segments of the 2018 ICC’s case law (Part III).

Keywords: Italy, Constitutional Court of Italy, European law, Multi-level constitutionalism, Judicial Dialogue