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A comparison of European systems of direct access to constitutional judges: exploring advantages for the Italian Constitutional Court

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journal contribution
posted on 2023-06-08, 22:45 authored by Gianluca GentiliGianluca Gentili
As protection of fundamental rights increasingly becomes a defining feature of modern constitutionalism, some countries debate over the opportunity to introduce systems of direct individual access to constitutional judges to increase protection of constitutional rights. Part I of the article provides a comparative overview of the systems of individual constitutional complaint adopted in Europe, focusing on their functioning, structure and admissibility requirements. Part II addresses possible benefits of the introduction of such a system in Italy. After describing the main features of the Italian system of judicial review, the article details proposals that, since 1947, have been presented to introduce a system of direct individual access to the Italian Constitutional Court. Finally, Part III offers reflections on the potential advantages that adoption of such complaint would bring to the Italian legal system, compared to the currently existing avenues of access to the Court.

History

Publication status

  • Published

File Version

  • Published version

Journal

Italian Journal of Public Law

ISSN

2239-8279

Publisher

Italian Journal of Public Law

Issue

1

Volume

4

Page range

159-208

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2015-10-13

First Open Access (FOA) Date

2015-10-13

First Compliant Deposit (FCD) Date

2015-10-12

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