Comparative Law - A.Y. (6 credits – 40 h.) Prof. Irene Spigno. Timetable: Tuesday 4 - 6 p.m.; Wednesday 12 - 2 p.m.; Thursday a.m. Dottorato di Ricerca in Diritto Pubblico (curricula diritto penale). All Departments · 15 copertina ILLYRIUS npdf. Bookmark pdf. Bookmark. Defending bicameralism and equalising powers: the case of Peru (Article discussed on May 3, , at ˈBicameralism Under Pressure, A Global Symposium in.
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anno accademico / conoscenze abilità da conseguire al termine del corso gli studenti apprendono profili giuridici più rilevanti del diritto pubblico del. Lezioni di Diritto internazionale pubblico - 2a edizione (A Treatise on International Law - 2nd Edition). Book · September with Reads. Tweet Download article as PDF. News. October La tutela delle collezioni d'arte tra diritto pubblico e diritto privato – Salerno, 27 ottobre. Share this On October 5, the Court of Rome issued an interesting decision in a case Analyses.
Il Mulino adopts and promotes specific guidelines about publishing ethics. Miryam Iacometti The "Catalan issue". Is the past coming back? Federico Nania On the origin of "freedom of trade" and the struggle against royal monopolies in England pp. Giuseppina Scala The monarchies of Norway and Sweden and the incomplete renewal of Nordic constitutionalism pp. Lorenzo Cuocolo Fabrizio Politi Introduzione pp. Lorenzo Cuocolo Constitutional principles and the European banking union:
Finally, the conclusion set forth by Dr. Rubinelli in her discussion on Emmanuel Sieyes' theory on Unicameralism will be taken into account to deepen the relationship between Bicameralism and the political system in Peru. There is still no agreement as to what category the form of government of Peru belongs to. The process of parliamentarisation of the presidential system traces its roots back to the early age of Peruvian constitutional history, in the mid eighteenth century.
Since the very beginning, the constituent framers aimed at limiting the presidential powers by adopting some parliamentary devices in order to control the government. The Constitution of set up the Council of Ministers, and provided the joint responsibility of the Ministers, as well as the individual responsibility for the actions of their Ministry.
Afterwards, the amendment resulted in the mere moral duty of the defeated Ministers to resign, inasmuch as nothing was expressly provided for by the Constitution. However, the system collapsed shortly afterwards as no well-established parliamentary culture had had time to develop before.
The reform ensured an enduring political stability until the beginning of the 2 The Constitution set up a new constitutional institution, the Prime Minister, and established that the Head of State was to appoint and remove the Prime Minister and the other Ministers as well. The Constitution also provided that every act of the President of the Republic should be countersigned by the Ministers, who were and currently are responsible both for individual and presidential acts.
The Constitution officially enshrined the fiduciary relationship, forcing the Ministers to resign before the President of the Republic once the Parliament had voted a motion of no confidence. Furthermore, the President was forbidden to veto the parliamentary bills.
Hence, the traditional parties were blamed for not being capable of meeting the needs of the people. Provincial caudillos with neither an ideology nor a political manifesto, who led independent political movements by themselves, took a position of advantage over a somehow chaotic situation. One of them, Alberto Fujimori, eventually prevailed.
Fujimori won the presidential election ballot in although he gained no majority in Congress. The Constitution included about two-thirds of the provisions of the Constitution, but it considerably diverged from its pattern. The drafters opted for abolishing the Senate after it had been working for more than one century and a half stating rectius: The also strengthened the position of the Government confirming the power of the President to 4 The Constitution re-established the presidential veto and set up the power to dissolve the Congress in case it would either continue voting the motions of no confidence or rejecting the issues of confidence three times in succession.
The President could dissolve the Congress once during the presidential mandate. Moreover, it reintroduced the parliamentary vote of confidence to the Prime Minister and the Council of Minister after they both had been appointed by the President of the Republic. The abrogation of the Senate was a means for Fujimori's propaganda, to gain people's consensus in order to subjugate the Legislative.
However, after the elections, protests sprang out after international mass media had released news on bribery scandals involving the government. After about a couple of months of struggles, the Organization of American States OEA sent a delegation to Lima in order to lead a democratic transition forcing Fujimori to resign.
After leaving the Country, Fujimori decided not to come back to Peru and eventually resigned. Thus, his ten-year dictatorship came to an end. The uncertainty about this definition actually depends on a variety of reasons. How the presidentialism of Peru currently works will not be a subject of this contribution, which is focused on whether Bicameralism should be regarded as a cornerstone of the separation-of-power doctrine. However, we should highlight a few aspects in sum to explain the political system and its background.
In case the President of the Republic does not have a majority in Congress, the form of government would seem to be closer to semi- presidentialism.
Both the Executive and Legislative tend to have a mutual self-restraint in order to cooperate and find an agreement. The enhancement of the fiduciary relationship has resulted in the Prime Minister's current tendency towards making itself more independent rather than to comply with all the presidential directives.
Interestingly, Italian scholars have underlined the similarities between Peru and the transition from Absolutism to Constitutional Monarchy in Europe Biagi , To make the relationship between the Parliament and the Government more stable, some political parties have attempted to re-establish Bicameralism for about two decades: Scholars have noticed that the Senate and its functions did not completely disappear Delgado Guembes In their opinion, a secondary institution has in fact replaced the Senate: However, the framers of also took into account the Conservative Senate of the French Constitution of Watson The French Revolution and particularly the philosophy of Montesquieu and Constant considerably influenced the Latin American constitutionalism.
X, Tit. Accordingly, since the Constitution of the Chamber of Deputies was competent to bring the constitutional accusations before the Senate, similarly to the U. After the Senate had issued its opinion, the case could be submitted to the Supreme Court to bring the criminal indictment against the accused person.
A last attempt was made five years later. According to the Constitution, the Permanent Commission could urge the government to take actions to readdress the violation of the Constitution. In the same manner as the former Council of State, the Commission could issue two advices in succession, which were not binding for the Executive. If the Ministers failed to take actions in harmony with the second advice, the Chamber of Deputies would politically indict both the Ministers and public authorities on charges of constitutional infringement.
However, the Commission had little possibility to work as the Congress passed an act to abolish it on 31 August The Council of State was composed of ten senators: However, if the Executive kept on disregarding the advices three times in succession, the constitutional accusation could be brought before the Congress to make the responsibility of the Executive effective.
For the first time after one century and a half of constitutional history, a Constitutional Court was set up in with the purpose of creating a system of constitutional review by a specialized court. It could no longer watched over whether the government's actions complied with the Constitution or not. Rather, it guaranteed the continuity of the Congress as well as it prevented the concentration of power in the government.
The Permanent Commission of was composed of five senators and ten deputies. The President of Senate chaired the Permanent Commission. The Commission of was empowered to perform the following duties: In addition to the above-mentioned competencies, the CCD turned the Commission into something more than a mere auxiliary body.
The framers gave it legislative powers and established a range of exclusive competencies that lie outside the parliamentary recess. The proposal of President Torres y Torres Lara was accepted. With all probabilities, this concealed the actual impossibility to abolish the well-established pillar of a Second Chamber without causing the system's collapse. Notwithstanding Fujimori's propaganda action on the Senate, a Congress strictly composed of only one Chamber could not have been capable of working successfully.
In other words, the abolition of the second Chamber was too difficult to implement in practice, and the CCD probably agreed on a compromise. We may then raise doubts as to whether the CCD actually took into account the Commission of to create the hybrid at issue. We should cast a closer glance at how the Commission actually works at the present time.
The Commission consists of at least twenty members that are elected among deputies by the Plenum of the Congress. It is led by the President of the Chamber of Deputies.
The number of the members shall be proportional in relation with the number of all the members of parliamentary groups, and they shall not exceed the twenty-five percent of the overall number of Deputies. It cannot be dissolved by the President of the Republic.
The Commission has secondary legislation powers in accordance with article of the Constitution. This should have been only a temporary legislative competence of the Commission Delgado Guembes , Accordingly, the Congress may delegate the Permanent Commission by means of an authorizing statute, with the exclusion of certain subjects Scholars highlighted that it is a controversial point Delgado Guembes They maintained that the Permanent Commission should only work between the end of the ordinary session and the recess legislaturas extraordinarias.
Moreover, the Permanent Commission has inherited some of the former functions of the Senate: Delgado Guembes , Before , it belonged to the reserved competencies of the Chamber of Deputies. The constitutional impeachment may be exercised beyond the recess: Either a deputy or anyone who asserts his or her right had been violated shall submit a complaint to the Congress.
Once the competent sub-committee on constitutional accusations had heard the complaint, they may submit the case to the Commission, which international treaties; lastly, voting the confidence to the government.
In case the Commission found evidence suggesting that the accused person may be found guilty, it may bring the political accusation against the officer whereas the Plenum may either dismiss the charges or impose political penalties on them Bernales Ballestreros , To assess the accused person's responsibility, the Congress may support the charge by taking into account the report of the parliamentary inquiry commissions.
The inquiry commissions are tasked to hold investigation into the criminal conduct. Investigations can even waive bank secrecy but cannot affect the person's privacy and private data.
Lastly, the Commission was given additional competencies during the recess. It deprives the accused deputy of parliamentary privilege if they either committed a crime or is arrested for flagrancy. It is also tasked to hear the report of the Head of State during the state of exception, as well as to exercise control over the legislative decrees of the same Head of State. Lastly, it supervises over the urgency decrees in case the Congress has been dissolved. Scholars pointed out the tendency of the Commission to be more than an ancillary institution Rubio Correa ; Delgado Guembes The Congress often gave the Commission a legislative competence during the ordinary session: Secondly, the Commission arrogates legislative competence to itself in case neither the Constitution nor the Rules of the Congress give power to legislate, nor if the Parliament has previously enacted an authorizing statute.
The Act is valid upon condition that the Plenum eventually agrees and approves it. Using the category of Roman civil law, the Act has been conceived as depending on a resolutive condition Delgado Guembes , Basically, the Plenum ratifies at a second step what the Commission first passes as a matter of urgency. Such a process is with no doubt similar to the Executive's legislative competence, that is, the process to pass both the legislative decrees and the law-decrees.
The Commission's powers should be divided into: As to the conservative power, the Commission always has the power to impeach the highest state's offices before Plenum in the constitutional accusation.
It is not a temporary competence, as we have seen before.
During the recess, the Commission also supervises the state of exception, as well as over the urgency decrees in case the Congress is dissolved; finally, it exercises control over the legislative-decrees enacted by the Head of State.
That was the original idea of Peruvian constitutional scholars. Here probably lies the ambiguity, as the framers of took into consideration the French Senate of Notwithstanding such a point of view, an additional institution within the Congress was set up in It worked from to The Senate was conceived as a second Chamber at the heart of the separation-of-powers doctrine. Defending the Constitution meant controlling the governmental actions.
Therefore, the Congress rejected the idea of a system of judicial review with respect to the parliamentary acts. The Commission is given both the legislative and defence power. The Senate had to be abolished according to Fujimori's agenda: Thus, the Commission has inherited the original political control of the Constitution as it drives and promotes the constitutional indictment whereas the Plenum inherited the power to decide over the constitutional accusation from the Senate.
Not surprisingly, the more the Commission expands its functions to the detriment of the Plenum, the closer Peru is to a bicameral legislature. In collecting evidence to assess whether it occurs effectively, we should look back at how the Commission has worked in the last decades. With regard to the latter, the Permanent Commission works as a quasi-Chamber.
For instance, the Commission may hear the bill as if it were a second Chamber in conformity with article 73 e of the Rules of the Congress: In other cases, the Commission itself passed a bill on workers' right to parental leave without referring it to the Plenum. On the other hand, the Commission has been prevented from dealing with certain matters, even though the Constitution theoretically does not prevent it.
The lack of representation that is inherent in such a twenty-member institution has been conceived as a threat to democracy whenever the bill indirectly affects the fundamental rights and freedoms. Government had previously introduced a bill to amend the criminal code, so as to create a new crime of terrorism.
Diego Serra data: We can infer from the data above that the Commission's main task is to deal with the constitutional proceedings, particularly with a huge amount of complaints to be set aside; whereas the smallest number indicates the legislative activity: The line chart Fig. As the second graph clearly displays, the legislative competence of the Commission increased from to The overall number referring to the legislative activity bills passed or revised grew slightly but constantly in the last five years, whereas the amount of constitutional complaints allowed by the Commission fluctuated and decreased in the past two years.
The data above should be considered in the light of what Dr. Maria Romaniello underlined in her paper, in order to answer the following question: Romaniello suggested in her chapter on the "prospective reflection" according to Norton's theory.
The Permanent Commission met a few of these reasons, although in a very narrow percentage of cases. Campion , but we have very few cases, according to the charts. We may also identify the second justification stability in policy and government; guarding the constitution and scrutinising the executive: Madison ; Campion ; Russell , as a form of conservative power, which seems to be our case.
To sum up, the Permanent Commission of is an indirect or second-degree independent institution with both legislative and conservative powers. The CCD formally maintained to abolish the Senate, but the outcome is considerably ambiguous.
With all probabilities, several reasons prevented the CCD from erasing the bicameral legislature in fact. The CCD was aware that the system could not work without a pillar that lies at the heart of the separation-of-powers doctrine. The Permanent Commission should have worked as an ancillary body. It should have ensured the continuity of the Congress, in order to supervise the Executive during the parliamentary recess or whenever the Congress is dissolved.
Trattato Rescigno. Il diritto d'autore sulle edizioni musicali a Paoloni AIB studi ; Decorsi 70 anni dalla morte dell'autore, l'opera musicale diventa di pubblico dominio Emanuele Rossi, Professore ordinario di Diritto costituzionale, Scuola Pietro Rescigno. Ha collaborato con Lucifora A. I Quaderni Mario Perini - Ianus ; Ricercatore di Istituzioni di diritto pubblico In uno stato di diritto costituzionale, con una Carta rigida e Rescigno Domenico B Il candidato descriva il diritto di accesso documentale, con particolare riguardo ai presupposti.
Introduction to the Italian Legal System. The Allocation of Normative Acts, Statutes and regulations concerning the Judiciary, together with a brief Rescigno, Corso di diritto pubblico, Bologna, , p.
Ugo de Siervo ha conseguito Curreri, pp. Rescigno, 19, I, Archivio di diritto pubblico Documents parlamentaires.
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I sistemi elettorali. Manuale Diritto Privato Pdf ; Unsubscribe from tvunimore? He was director of Trattato di diritto privato published by Utet twenty-three