Riassunto esame Fundamental rights, Prof. Cossiri Angela Giuseppina, libro consigliato The Constitution of Italy. A Contextual Analysis, Lupo Cartabia

The Admissibility Check (Art. 75 + Case Law)

The admissibility check (art. 75 + case law) is made by the constitutional court. It is one of the main functions of this court. It verifies whether initiative falls on the sphere of those factors which are considered not admissible. The court tends to interpret extensively the limits provided by the constitution.

The constitution requires an absolute majority. If not reached, the referendum is not valid and there will not be any repeal of the legislation. The is followed by a .ABSOLUTE MAJORITY SIMPLE MAJORITY OF THOSE WHO VOTED If the simple majority is reached, the provision of legislation is repealed and a D.P.R. PRESIDENT OF THE REPUBLIC reporting the results is published in the Official Gazette. Therefore the provision will not be in force anymore.

THE SOURCE OF EU LAW

Some of the EU sources of law are directly applicable to the Italian legal system, they have the same value of an Italian legislative act. Some of them pose obligations concerning public authorities. The EU is constituted by

Hierarchy of Norms

The EU legal system was established through some international agreements:

1. The European Treaty of Coal and Steel (1951)
2. The Treaty of Maastricht
3. The Treaty of the EU
4. The Treaty of the Functionings of the EU

At the beginning, an agreement between a few European states was stipulated and progressively this basic agreement evolved into a supranational organization. Through these treaties, member states gave some competencies to this supranational organization, the EU.

As for the Italian Constitution, the treaties of the EU work as a sort of constitution because:

1. All the power-conferring norms which identify all the sources of law of the EU law
2. All the competences of the EU, which the member states gave to this supranational organization

There are some constituted bodies: commission, parliament, council, and the Court of Justice. Sometimes conflicts between Italian and European norms may arise.

PRIMARY LAWS treaties

At the apex of the pyramid of EU norms, there are (the...)

Most important are Treaty of EU and of functioning of EU)primary law of the EU. These treaties are called founding treaties. It is the supreme source of law in the European Union (EU). It comes mainly from the founding treaties, notably the Treaty of Rome (which evolved into the Treaty of the Functioning of the European Union) and the Treaty of Maastricht (also called the Treaty on European Union).

Primary law sets out the distribution of competences between the EU and the EU Member States. This is crucial for lawyers acting in the EU contexts. According to this distribution of competences we are able to understand what falls within EU or national sources of law. It provides the legal context within which EU institutions formulate and implement policies.

SECONDARY LAW

Secondary law is the body of law which is based on the European Union treaties. This distinguishes it from the EU's primary law which mainly consists of the treaties. The Treaty of Lisbon revised the types of EU legal acts. There are five types of

EU Council (see summary)). These acts are not explicitly mentioned in Article 288, but they still have legal effects within the EU legal framework. In addition to the types of legal acts mentioned above, the EU institutions can also adopt delegated acts and implementing acts. Delegated acts are acts adopted by the European Commission to supplement or amend non-essential elements of a legislative act, while implementing acts are acts adopted by the Commission to ensure the uniform application of a legislative act. Overall, the EU legal framework provides a wide range of legal acts that allow the EU institutions to effectively govern and regulate various aspects of EU law.

1. Commission (see summary): which are legally binding acts, and resolutions and conclusions, which are not intended to have legal effects. They are cited in other articles in the EU treaties or come from the practice of the EU institutions.
2. REGULATION: They have general application, are binding in their entirety, and are directly applicable in all European Union (EU) Member States. They are comparable to Italian ordinary law. A regulation is addressed to abstract categories of persons, not to identified persons. This is what distinguishes it from a decision. It is binding in its entirety.
1. DIRECTLY APPLICABLE (vertical direct effect): It is immediately applicable. It does not need to be transposed into national law.
2. ABSTRACT & GENERAL
3. ENTIRELY BINDING
3. A regulation is directly applicable in all Member States. This means that it:
   • applies immediately as the norm in all Member States, without needing to be transposed into national law;