Suchergebnisse

The analysis herein, while mainly descriptive, presents the main foundations of the Constitutional Tribunal's jurisprudence in matters of hierarchical control of the constitutionality of laws concerning the EU. It distinguishes some principles, concepts and constitutional theories which, according to the Constitutional Tribunal, set the limits of European integration. The main thesis of the paper is that, in this context, the basic and decisive rule is the supremacy of the Constitution, which does not have exceptions or limitations. A hypothesis was also formulated that the Solange II maxim does not reflect the actual state of European constitutionalism, in which the level of protection of fundamental rights is significantly increased while possible collisions between the level of protection of fundamental rights in the EU and the Member States should be solved by means of the clauses provided in Articles 51–54 of the EU Charter of Fundamental Rights.

One of the most common obstacles to the domestic enforcement of international decisions is represented by the presence of a constitutional impediment. Indeed, most national constitutions, though open to international law, can prevent the implementation of an international decision, insofar as the latter conflicts with the basic principles of the constitutional order. This article argues that in such cases it is necessary to preserve a space where the State continues to retain full sovereignty and whose protection acts as an unbreakable "counter-limit" to the limitations deriving from the international legal order ("counter-limits" doctrine). Yet recent judicial and legislative practice in Italy concerning the implementation of the ICJ decision in Jurisdictional Immunities of the State seem to overlook the need to preserve this "space". As a consequence, certain fundamental constitutional guarantees, such as the right of access to justice, the rule of res judicata and the principle of non-retroactivity of the law, have inescapably ended up being compromised.

The article is devoted to the study of the connection between the doctrine of constitutional identity with the doctrine of "counter-limits" and the doctrine of "ultra vires". All these concepts are applied in the practice of European constitutional courts in cases related to the resolution of conventionally constitutional conflicts. Since the doctrine of "constitutional identity" in domestic theory and practice is in its infancy, in the author's opinion, it is necessary to take into account the foreign experience of protecting national constitutional identity. And also carefully consider all related concepts, such as the doctrine of counter-limits and the doctrine of "ultra vires", paying special attention to the topic of their relationship. The author, analyzing the doctrine of "counter-limits" and the doctrine of "ultra vires", comes to the conclusion that these doctrines, along with other instruments for protecting national constitutional identity (the doctrine of the margin of appreciation), can be used in relation to the dispute between the Constitutional Court of the Russian Federation and the ECHR on "the right of the last word".

The Algerian independence movement can be seen as a major example of mass insurrection. A significant feature of this struggle was the study of revolutionary works (including those of Mao) by French counterinsurgent officers, which led them to conclude that terrorism was the most efficient way to retain control over the masses. An important part of the policies undertaken was the relocation of 2,350,000 peasants to regroupment centers, & the destruction of peasant livestock & villages. The villages were organized with the aim of disorienting the villagers & thereby dissolving their cultural patterns. New population centers comprised only 7 square miles, essentially crowding peasants into slum housing. The effects of this dislocation included malnutrition leading to an estimated 290,000 deaths. However, the peasant women, children, & old people imprisoned while the men fought as guerrillas viewed their situation as an ordeal to be endured for a short time, & were led to implacable hostility toward the French. The French specialists in counterinsurgency were unable to understand the motives of the rebels, not being involved in the experience of being oppressed, & hence failed to anticipate their resistance. W. H. Stoddard.