‘With a little help from my friends’: il ruolo degli amici curiae nei giudizi dinanzi alla Corte costituzionale in Italia e in Francia

‘With a little help from my friends’: the role of amici curiae before the Italian Constitutional Court and the French Conseil Constitutionnel

Abstract

‘With a little help from my friends’: the role of amici curiae before the Italian Constitutional Court and the French Conseil constitutionnel – This paper discusses the relationship between constitutional jurisdictions, political power and civil society through the role of amici curiae in Italy and France. The Italian Constitutional Court introduced amici curiae in 2020 while the Conseil constitutionnel has seen a particular increase in the participation of amici since the introduction of question prioritaire de constitutionnalité. What is the amici’s purpose and their real contribution to the decision-making process? Can it be said that, through this institute and for some particularly difficult issues, the Court becomes civil society’s main interlocutor, even making up for deficits in political and institutional representation? Is there a risk of politicizing the constitutional process itself? Attempting to answer these questions will lead us to focus on the effective openness of the Courts to participation and dialogue with civil society.

Keywords: Amici curiae; Constitutional Court; Political implications; Limits; Civil society