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Los derechos de la naturaleza y los pueblos indígenas: ¿Una convergencia aparente?
Abstract: The Rights of Nature and Indigenous Peoples: An Apparent Convergence? - Rights of Nature (RoN) frameworks are frequently presented as natural allies of indigenous peoples' rights. This article argues that the convergence is largely apparent. Drawing on comparative law, inter-American human rights jurisprudence (including Advisory Opinion OC-32/25) and critical indigenous studies, it identifies three structural tensions: RoN's legal personhood dissolves the indigenous ontological unity of territory and identity; State-appointed guardians undermine Free, Prior and Informed Consent; and guardian mechanisms displace indigenous peoples from their own territories. A comparative analysis, including European cases, confirms that RoN risks silencing pre-existing indigenous rights rather than reinforcing them. Keywords: Rights of Nature; Indigenous peoples' rights; Free, Prior and Informed Consent; Legal personhood; Cosmovision
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Parlamentarismo fragile e contrappesi resilienti: il governo Babiš III mette alla prova l’assetto costituzionale ceco
Abstract: Fragile Parliamentarism and Resilient Checks and Balances: The Babiš III Government as a Stress Test of the Czech Constitutional Order – This article examines the most recent political and electoral developments in the Czech Republic, which culminated in the formation of one of Europe’s most right-leaning governments in January 2026. Against the backdrop of the country’s institutional architecture, the paper assesses whether the existing checks and balances (the President, the Constitutional Court, the Senate, the judiciary, the media, and civil society) can mitigate the risks of an illiberal shift. Drawing comparisons with the constitutional decay that has occurred in Hungary and Poland, the paper argues that, despite its fragility and reliance on negotiation, the Czech system still provides meaningful guardrails in the medium term, particularly given the role of presidential scrutiny, the upper house’s veto power, and judicial review. Keywords: Czech Republic; 2025 parliamentary elections; Populism; Government; Checks and balances
Ripristinare la democrazia costituzionale. Riflessioni preliminari sul caso ungherese
Abstract: Restoring constitutional democracy. Preliminary assessment of the Hungarian case - This contribution provides a provisional assessment of the political change currently unfolding in Hungary. Given the precarious and highly fluid nature of the present constitutional moment, any evaluation must remain cautious and provisional, as developments may rapidly alter the terms of analysis. Against this background, the essay focuses on selected institutions within Hungary’s constitutional architecture, especially the Head of State and the Constitutional Court, and considers their possible role as veto players in a process of democratic and constitutional restoration. The broader aim is to ask whether this process may be understood as a reverse trajectory of the previous erosion of the rule of law, while situating Hungary’s constitutional pathologies within a comparative perspective in order to identify categories useful for understanding both constitutional crisis and possible reconstruction. Keywords: Democratic backsliding; Constitutional repair; Revenge constitutionalism; Hungary
L’esperienza latino-americana in tema di forma di governo. Una panoramica comparata dei testi costituzionali
Abstract: The Latin American experience with regard to form of government. A comparative overview of constitutional texts – On the basis of the essential structural elements derived from the comparative analysis of constitutions, the research aims to establish whether the constitutional Latin American experience with regard to the form of government, characterized by a President elected by universal suffrage with significant powers and increasingly characterized by the meticulous rationalization of the relationships between the governing bodies and political direction, connotes a peculiar autonomous form of government including all constitutional systems of the area, or whether a distinction must be made between different groups of models, or finally whether these constitutional systems, together with the US one, can abstractly be part of a common presidential model. Keywords: Main characteristics of presidential form of government; The Executive in Latin American constitutions; Presidential legislative powers in Latin American constitutions; Presidential reelection in Latin America; Abusive constitutionalism
La tariff presidency al vaglio dei giudici: dazi emergenziali, legalità tributaria e crisi del multilateralismo
Abstract: The article examines the 2026 United States tariff litigation as a case study in comparative public law and customs taxation-Starting from the distinction between cooperative and conflictual unilateral tax strategies, it argues that President Trump’s tariff measures represent a form of conflictual fiscal unilateralism: unlike unilateral strategies that converge into multilateral regimes, emergency tariffs displace the balance between Congress and the President and put pressure on the WTO-based trade order. The final part considers the indirect implications for Italy, within the framework of EU exclusive competence over customs and common commercial policy, with attention to import duties, import VAT and customs compliance for Italian exporters. Keywords: Tariffs; IEEPA; Section 122; Tariff presidency; customs law; EU customs union; Import VAT.
Gli enemy combatants detenuti a Guantanamo e le deroghe al giusto processo
The article illustrates the complex relationship between due process of law and enemy combatants detained at Guantanamo. Through a historical reconstruction of congressional, executive, and judicial efforts to address this issue, it finds that they have chosen not to apply constitutional guarantees, particularly due process of law, to this category of detainees. The article offers a possible solution to this problem, believing that it is already present in the pronouncements of the Supreme Court, and specifically in Boumediene v. Bush of 2008.
Verso l’autonomia difensiva dell’UE: la “nuova” Agenzia europea per la difesa tra sfide operative e nodi istituzionali
Abstract: Towards the EU’s Defence Autonomy: The “New” European Defence Agency amid Operational and Institutional Challenges – On 12 May 2026, the European Defence Agency (EDA) Steering Board adopted a decision marking a qualitative shift in the Agency’s nature, transforming it into an operational EU body in the field of defence. This contribution contends that such a transformation is a consequence of the step change undergone by the Common Security and Defence Policy since the outbreak of the war in Ukraine and, more particularly, following the adoption of Readiness 2030 in March 2025 and the consequent undertaking to develop the EU's autonomous defence capability by 2030. It examines the substance of the transformation, highlighting its alignment with Readiness 2030 and the related Roadmap, and assesses the legal basis of the Steering Board’s decision, verifying whether an internal act of the Agency is sufficient to sustain an operational expansion of such scope. The analysis identifies two critical concerns that may jeopardise its completion. The first relates to the risks arising from a temporal mismatch between the EDA's transformation timeline and the deadlines laid down for the implementation of Readiness 2030. The second pertains to the institutional positioning of the “new” EDA within the fragmented institutional framework of the EU defence. Finally, the contribution addresses the most recent developments, with regard to the European Council conclusions of 18-19 June 2026 and the role they envisage for the “new” EDA in the pursuit of the EU’s autonomous defence capability by 2030. Keywords: European Union; Common Security and Defence Policy; European Defence Agency; Readiness 2030; Defence capabilities.
Il whistleblowing nelle organizzazioni internazionali
Abstract: Whistleblowing in international organizations – This article examines whistleblowing in international organizations as an emerging institution of international administrative law. Through a comparative analysis of the UN Secretariat, UNICEF, WHO, and CERN, it explores the functions of whistleblowing, the scope of protection for whistleblowers and accused persons, the requirements for protected activity, and the roles of internal procedures and judicial review. It argues that whistleblowing is evolving from mere protection into a broader system of global governance, although the path toward coherent and effective protection remains long and incomplete. Keywords: Whistleblowing systems; International organizations; Ethics; Maladministration; Administrative law
Sovraffollamento e condizioni detentive inumane o degradanti, a dieci anni dalla sentenza Muršić c. Croazia
Abstract: Overcrowding and inhuman or degrading detention conditions: ten years after the Muršić v. Croatia judgment - This article examines the evolution of the case law of the European Court of Human Rights on prison overcrowding and inhuman or degrading treatment, ten years after the landmark Grand Chamber judgment in Muršić v. Croatia (2016). Firstly, the study traces the path from the Court's earliest interventions to the emergence of three interpretive conflicts concerning: the consequences of failing to meet the minimum floor space requirement, the identification of the relevant spatial threshold, and the method for calculating available space. Secondly, the analysis turns to the principles established by the Grand Chamber and assesses their consolidation in the subsequent decade of case law. The analysis extends to factors beyond the spatial dimension such as the adequacy of sleeping arrangements, exposure to passive smoking, and privacy in the use of sanitary facilities and it highlights the "holistic" yet not always consistent nature of the Court's assessment. Particular attention is devoted to the practical significance of this case law within the Italian legal order, in light of the dynamic reference contained in Article 35-ter of the National Penitentiary Act (Law no. 354 of 1975). Keywords: Prison; Overcrowding; Inhuman or degrading detention conditions; Muršić
La sicurezza nazionale nel secondo mandato del Presidente Trump: destrutturazione e riperimetrazione di una categoria tradizionale
Abstract: National Security in President Trump’s Second Term: Deconstruction and Reframing of a Traditional Concept – This Article analyses how Trump’s second term is reshaping the meaning and function of US national security. After retracing the historical expansion of the concept from military defence to broader political, economic and social concerns, the Author focuses on the 2025 National Security Strategy and argues that Trump is turning security into a general framework of government, grounded in “America First” and national interest. The research identifies sovereignism, protectionism, deregulation, cultural nationalism and neo-imperial ambition as the defining elements of this approach, showing how it strengthens executive power and risks undermining liberal constitutional democracy. Keywords: Checks and balances; Democracy; National security; Trump; The United States
Dalla «sovranità digitale» alla «sovranità tecnologica»: lo European Technological Sovereignty Package
Introduzione alla sezione monografica: la regolamentazione dell’aborto nel diritto comparato, oggi
Costituzionalizzare, de-costituzionalizzare, proceduralizzare: l’aborto in Irlanda tra conflitto costituzionale, democrazia deliberativa e accesso effettivo
La disciplina dell’aborto nel Regno Unito, tra esigenze di rinnovamento e differenziazione territoriale
Abstract: Abortion legislation in the United Kingdom: between the need for reform and territorial differentiation – This article analyses the legal framework governing abortion in the United Kingdom, highlighting its historical development, regulatory structure and key issues. After reconstructing the context that led to the adoption of the Abortion Act 1967 and its rationale, the article offers some reflections on physicians' role in abortion procedures and on conscientious objection, considering the most relevant case law on the subject. Having considered the impact and effects of devolution on the regulation of abortion, the conclusions aim to highlight the tensions between a regulatory framework that has remained largely stable over the course of almost sixty years and the significant social, scientific and political changes that have taken place in the meantime, suggesting the need for a comprehensive update of the legislation. Keywords: Abortion; Abortion Act 1967; Conscientious objection; Medical abortion; United Kingdom.
¡Porque lo digo yo! L’aborto come (discusso) diritto fondamentale secondo il Tribunal Constitucional spagnolo
Abstract: Because I said so! Abortion as a (controversial) fundamental right in the Spanish Constitutional Court – The present essay aims at analysing the regulation of abortion in Spain, considering both the laws of 1985 and 2010 and the role played by the Constitutional Court (CC). Special attention will be paid to the judgment STC 44/2023, in which the CC not only rejected the doubts of constitutionality of the 2010 law, but also declared that abortion must be considered as a fundamental right enshrined in the Constitution. In doing so, the CC engaged in judicial activism, going beyond its “limited” functions, curtailing the lawmaker’s role and creating ex novo a constitutional right. Keywords: Abortion; Constitution; Fundamental rights; Judicial self-restraint; Spanish Constitutional Court.
Tra disponibilità de facto e restrizioni de jure: accesso e restrizioni all’aborto in Israele
Abstract: Between de facto availability and de jure restrictions: access to and restrictions on abortion in Israel - Israel is not a state that outright bans abortion; yet, abortion is not, nor is it fully universal, a recognized right or a fully operational freedom. It is rather a peculiarly balanced arrangement between de jure restrictions and de facto availability of a procedure used as a tool of state governance. Movements between “demographic anxiety” and “national interests” have shaped a discipline that results from a historical, political, and religious compromise, characterizing the order as an “intrusive state.” To what extent can abortion regulation be reconciled with a state that proclaims itself both democratic and Jewish? What scenarios might emerge for the abortion procedure in light of the illiberal twists that currently characterize the Israeli context? Keywords: Abortion commissions; Abortion procedure; Israel; War of wombs.
Il Giappone come “paradiso dell’aborto”? L’interruzione volontaria di gravidanza tra strumento di politica demografica e diritto riproduttivo
Abstract: Japan as an “Abortion Paradise”? Voluntary Termination of Pregnancy Between a Demographic Policy Instrument and a Reproductive Right – Dubbed an “abortion paradise” in the 1960s for its early legalization and widespread practice of abortion, Japan today presents a fragmented and inadequate legal framework for sexual and reproductive rights. This article traces the evolution of abortion law in Japan, revealing how demographic imperatives, rather than feminist advocacy, shaped its foundations. It highlights the crucial role of civil society and international bodies in resisting regressive reforms and underscores the need for a multidimensional analysis (legal, cultural, and political) to assess reproductive justice and ensure the effective protection of women’s fundamental rights. Keywords: Abortion; Civil society; Eugenics; Gender equality; Women’s rights.
Dalla colpa al diritto: la Francia e la lunga marcia della libertà di abortire
Abstract: From Crime to Right: France and the Long Road to Abortion Rights – The constitutionalization of the freedom to access abortion in France, adopted on 8 March 2024, represents a historic turning point that raises questions about the actual political and legal scope of the reform. It forms part of a long process leading from the criminal repression of abortion to the gradual affirmation of women’s self-determination, from the repressive legislation of the modern and contemporary periods to the Veil Act of 1975 and the subsequent expansion of legal guarantees. The U.S. Supreme Court’s Dobbs decision accelerated the French constitutional reform project within an international context marked by the growing fragility of reproductive rights. Yet, the notion of a “guaranteed freedom,” adopted by the French constituent power, remains open to different interpretations and raises the question of the actual intensity of the constitutional protection afforded to abortion. The reform thus appears both as a symbolic consecration and as a possible safeguard against future regression in the protection standards already achieved Keywords: Abortion Criminalization; Abortion Rights; Constitutional Reform; French Constitutional Law; Reproductive Rights; Women’s Autonomy.
L’interruzione volontaria della gravidanza in America Latina: spunti recenti dal formante giurisprudenziale
Abstract: Abortion in Latin America: Recent Insights from the Judicial Formant – This article examines recent developments in the regulation of abortion in Latin America, focusing in particular on the role of the judicial formant. Through a comparative analysis of selected rulings delivered in 2022, 2023, and 2024 by the constitutional courts of Colombia, Peru, and Mexico, alongside the case law of the Inter-American Court of Human Rights, the contribution shows how courts have played a significant role in shaping standards for the protection of reproductive rights. In a region marked by profound regulatory divergences, case law has become a key factor in redefining the balance between the protection of prenatal life and women’s fundamental rights. Keywords: Abortion; Comparative law; Inter-American Court of Human Rights; Latin America; Reproductive rights.
La dimensione costituzionale del diritto all’aborto: una riflessione a partire dal caso statunitense
Abstract: The Constitutional Dimension of the Right to Abortion: A Reflection Based on the United States Experience – This article examines the issue of abortion within the contemporary United States context. Starting from an analysis of the jurisprudential evolution on abortion – from Roe to Dobbs – it explores the shifting political approaches that have shaped the debate in recent years, with particular attention to the executive orders adopted under the Trump and Biden administrations. The article then considers the broader “culture war” between progressive and conservative forces, which has transformed abortion, and gender-related issues more generally, into highly polarized subjects of political confrontation. Through this lens, the article highlights how legal developments, political strategies, and cultural dynamics have converged to redefine the role of reproductive rights in the U.S. public sphere. Keywords: Abortion; Constitutional law; Culture war; Gender ideology; Reproductive rights; USA.
L’interruzione volontaria di gravidanza nei paesi a maggioranza musulmana: tra fede, diritto e vincoli sociali.
Abstract: Voluntary Termination of Pregnancy in Muslim-Majority Countries: Between Faith, Law, and Social Constraints – The article explores the legal, religious, and social dimensions of voluntary termination of pregnancy in Muslim-majority countries. Through a comparative analysis of Türkiye, Tunisia, Indonesia, and Iran, it examines how Islamic doctrine, constitutional frameworks, and socio-political contexts shape abortion laws and access. The study highlights the tension between religious norms and reproductive rights, revealing how legal systems balance fetal protection with women’s health. It also addresses the impact of colonial legacies, patriarchal structures, and international human rights standards on national abortion policies. Keywords: Indonesia; Iran; Islam; Reproductive rights; Tunisia; Türkiye.
La regolamentazione dell’IVG: il caso polacco tra crisi costituzionale e governo dei corpi
Abstract: Regulating Abortion: Poland between Constitutional Crisis and the Governance of Bodies - This article examines the regulation of abortion in Poland as a paradigmatic case of the interaction between constitutional crisis, democratic backsliding, and the biopolitical governance of women’s bodies. It reconstructs the main normative and constitutional developments, with particular attention to the Constitutional Tribunal’s 1997 and 2020 judgments and the subsequent case law of the European Court of Human Rights. The analysis argues that reproductive rights in Poland must be understood through two complementary, intertwined but still different lenses: the procedural erosion of the rule of law and the substantive impact of abortion restrictions on women’s autonomy, dignity, health, and equality. Keywords: Abortion; Biopolitics; Poland; Reproductive rights; Rule of law.
La regolazione della comunicazione politica digitale nei BRICS “originari”: oltre la neutralità della rete
Abstract: The essay aims to introduce the topic of this thematic session and the methodology. Through the presentation of the regulatory solutions in terms of digital political communication in the five “original” BRICS countries (Brazil, Russia, India, China and South Africa), the paper contends that, despite significant differences in political systems, constitutional cultures and regulatory approaches, a shared trend is emerging: the gradual abandonment of the principle of network neutrality towards greater emphasis on digital sovereignty, the governance of online platforms and state involvement in the digital public sphere. This introductory contribution based on the experience of the BRICS countries, reveals how digital transformation is redefining core constitutional concepts, including freedom of expression, electoral integrity, political participation and the distribution of power within the digital public arena. Keywords: BRICS; Net Neutrality; Political Communication; BRICS Cooperation in ICT.
La regolazione della comunicazione politica digitale: le coordinate generali
Abstract: The regulation of digital political communication: general coordinates - This essay describes the general coordinates of the framework of the phenomenon of digital political communication, starting from the methodological aspects on the comparative level and then examining the individual models at the various regulatory levels (especially USA driven market model and UE right driven)”. Keywords: Digital constitutionalism; Digital platforms regulation; Digital political Communication; Electoral campaigns
La regolamentazione delle piattaforme digitali in Brasile: un nuovo “giardino” nella storia del paese.
Abstract: This essay describes Brazil’s historical specificity in political communication. In fact, in spite of the country’s constitutional evolutions and its democratisation processes, the determining element that has always characterised the communicative processes of politics has been the so-called “coronelismo”, i.e. the relation of exchange between the public and private spheres, in favour of narrow local oligarchies. The management of the digital world has reproduced this link. Keywords: Political communication; Coronelism; Boosted post; Candidate’s electoral life
Aspetti giuridici ed istituzionali della comunicazione digitale in Cina
Piattaforme digitali e comunicazione politica tra regole ordinarie e disciplina elettorale: sviluppi della libertà di espressione in India
Abstract: The essay analyzes the contemporary regulation of freedom of expression in India with particular attention to the digital sphere and electoral communication. While the constitutional framework of Article 19(1) provides the background, the focus is on recent regulatory developments. Central to the analysis are the Information Technology Act and, above all, the IT Rules 2021, which impose strict obligations on intermediaries, digital media and OTT platforms, creating new mechanisms of governmental oversight. A central role is played by the Indian Election Commission, a key regulator entrusted with supervising online campaigning and ensuring electoral fairness. The essay explores the normative responses to emerging phenomena such as deepfakes, the activity of influencers in political campaigns, paid advertising on digital platforms and the controversial practice of “paid news.” A dedicated section addresses the pervasive use of messaging services – particularly WhatsApp – as primary tools of political mobilization and disinformation. Considerable attention is paid as well to judicial review, pending cases before the Supreme Court and the role of jurisprudence in shaping the limits of state intervention. Finally, the analysis covers the use of official social media accounts by public office holders, who are simultaneously political figures. Overall, the paper identifies patterns of both convergence and divergence between State control and free expression, between innovation and accountability and between transparency and manipulation of the digital public sphere. Keywords: India; Freedom of expression; Social regulation; Political communication; Digital sovereignty
La regolamentazione delle piattaforme digitali nell’ambito della comunicazione politica in Russia: governance dell’informazione e sicurezza digitale
Abstract: This article analyses political communication in contemporary Russia within its legal and institutional framework, focusing on key developments shaping its current configuration. It examines election campaigning digital platforms, with attention to the regulation of online political communication and its growing connection with broader policies of digital sovereignty, information security and infrastructural resilience. The article argues that the governance of political communication has increasingly been incorporated into a wider administrative strategy aimed at managing the national information environment. It concludes by highlighting tensions and challenges arising from this regulatory approach and the need for a more balanced legal framework. Keywords: Political communication; Electoral campaigns; Platform regulation; Information security; Digital governance
Piattaforme digitali e comunicazione politica: il laboratorio sudafricano
Digital platforms and political communication: the South African laboratory – This essay examines the regulation of political communication on digital platforms within the South African constitutional framework. It analyses the interplay between freedom of expression, privacy, access to information and electoral integrity, with particular attention to social media, digital campaigning and the conduct of public office-holders online. By assessing constitutional provisions, statutory instruments and emerging practices of co-regulation, the paper highlights the opportunities and risks posed by digital technologies for democratic governance. The South African experience is ultimately framed as a constitutional laboratory, seeking to reconcile technological innovation with fundamental rights and the rule of law in a post-apartheid democracy. Keywords: BRICS; South Africa; Political communication; Social media; Electoral campaigns
Il diritto al rimborso spettante al passeggero in caso di cancellazione del volo
Title: The passenger’s right to reimbursement in the event of flight cancellation under the case law of the Court of Justice of the European Union Keywords: Air transport; Regulation No. 261/2004; Compensation and assistance to passengers
Cittadinanza europea e identità di genere: la sentenza Shipova
Title: European citizenship and gender identity: the Shipova judgment (C‑43/24) Keywords: Transidentity; Fundamental rights; Personal status recognition; EU citizenship
La disciplina degli OGM tra diritto italiano ed europeo, alla luce della sentenza della CGUE C-364/24
Title: The Legislative Evolution of Genetically Modified Organisms: a comparative analysis of Italian and European law in the light of CJEU judgment C-364/24 Keywords: Genetically modified organisms; Biosafety; Precautionary principle; Food law
Aspettando Ferreira II: la sentenza Remling tra obbligo di rinvio pregiudiziale e obbligo di motivazione
Title: Awaiting Ferreira II: the Remling ruling between the obligation to make a reference for a preliminary ruling and the obligation to state reasons Keywords: Reference for a preliminary ruling; Cilfit exceptions; Obligation to state reasons; State liability for judicial breaches of EU law
La Corte EDU e i mutamenti interpretativi del parametro costituzionale nazionale per legittimare misure di austerità, tra giusto processo e diritto di proprietà
Title: The ECtHR and the changing interpretation of the national constitutional parameter aimed at legitimizing austerity measures, between due process and the right to property Keywords: Austerity and financial crisis; Property rights; Wages and pensions; Due process; Revirement in constitutional interpretation
Il “giudice che critica” non può essere messo a tacere: la Corte EDU tra dovere istituzionale di parola e tutela dell’indipendenza della magistratura
Title: The judge who criticizes cannot be silenced: the ECtHR between the institutional duty to speak and the multilevel protection of judicial independence Keywords: Disciplinary Chamber; Judicial independence; Freedom of expression
Caso Fliegenschnee e altri c. Austria: un nuovo capitolo del contenzioso climatico
Title: Fliegenschnee and others c. Austria Case: a new chapter in the climate change litigation in Strasbourg Keywords: Climate change; Climate change litigation; Climate obligations; Human rights; Fossil fuels
Diritti umani, sicurezza e discriminazioni strutturali: considerazioni sulle Osservazioni Conclusive del Comitato per i Diritti Umani sul Canada
Title: Human Rights, Security, and Structural Discrimination: The Human Rights Committee’s Concluding Observations on Canada Keywords: UN Human Rights Committee; International Covenant on Civil and Political Rights; Structural Discrimination; Non-refoulement Principle; National Security.