The Parliament and the Constitutional Court

Author/s Salvatore Curreri
Publishing Year 2022 Issue 2022/3
Language Italian Pages 31 P. 63-93 File size 218 KB
DOI 10.3280/DC2022-003004
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The essay focuses on the constitutional jurisprudence on formal flaws in the legislative process. In detail, the essay analyzes the recent jurisprudence on emergency decrees and on the approval methods of the Budget law, highlighting how it has essentially given up protecting the few but essential moments of the legislative process enshrined in art. 72 Const. This substantial surrender of its power of review by the Court does not seem to have changed after the recent opening to the conflict of attributions of the individual parliamentarian. Therefore, because of the conditions and limitations imposed, it is a de facto non-actionable tool, as recent case law has not failed to confirm.

Keywords: Parliament; Constitutional Court; law decree; budget law; law-making process; conflict of powers between the branches of government.

Salvatore Curreri, Parlamento e Corte costituzionale in "DIRITTO COSTITUZIONALE" 3/2022, pp 63-93, DOI: 10.3280/DC2022-003004