Papers by famiglia placanica
La Rivista Penale della Globalizzazione, 2020
This is a note to ruling no. 12193 of 2019 of the United Sections of the Court of Cassation which... more This is a note to ruling no. 12193 of 2019 of the United Sections of the Court of Cassation which adresses the issue of access to medically assisted procreation for couples consisting of two subjects of the same sex. The ruling of the Italian Supreme Courts refers to the principles and norms of international origin and to their elaboration by the international Courts. The paper retraces all the relevant points of the decision also taking into account the opinions of the legal doctrine
La Rivista penale della globalizzazione, 2022
The work is a note on the Constituional Court's ruling no. 50 of 2022, which estblished the inadm... more The work is a note on the Constituional Court's ruling no. 50 of 2022, which estblished the inadmissibility of the referendum on the repeal of art. 579 of the Italian penal code (consenting murder). The Court rejected the request of the Committee of Promoters holding that if the law were repealed as a result of the acceptance of the referendum proposal, the murder of vulnerable people who, however, consented to it, would be made legal, in cases where consent is not prohibited by law. The ruling in question hopes that the fundamental choices regarding "end of life" are not resolved through a definitive and immediate instrument such as a referendum, but are discussed in depth by public opinion and Parliament
La Rivista Penale della Globalizzazione, 2019
The present contribution discusses about two decisions of the European Court of Justice (Taricco ... more The present contribution discusses about two decisions of the European Court of Justice (Taricco bis) and of the Italian Constitutional Court (Judgment no. 269/2017). The first has stated limitations on the applicability in Italy of Rules of International law and of European Union law in the conflict with the fundamental principles of the Italian Constitution. The second concerns procedural and substantial rules relevant for protection of fundamental rights, in the relationship betwween the Italian Constitutional Court nd the European Court of Justice. The paper hopes a better integration between the National Constitutional Courts and the Common Judges and the International European Courts, for the protection of Constitutional and European Rights
La Rivista penale della Globalizzazione, 2021
The paper comments on the German constitutionl Court's ruling of 5 May 2020 in the Weiss case. Th... more The paper comments on the German constitutionl Court's ruling of 5 May 2020 in the Weiss case. The dispute before the Bundesverfassungsgericht concerns the Pubic Sector Purchase Programma (PSPP) of the European Central Bank. The latter was one of the four programs thet embodied quantitative easing , specifically aimed at purchasing government bonds. The ruling, in the opinion of the author of the paper marks a metamorphosis of the European Economic Constitution and represents a renowal, corrisponding to a change in the concption and function of law
la Rivista penale della Globalizzazione, 2023
In the paper, the author illustrates the reason why the centre-right government majority is unfav... more In the paper, the author illustrates the reason why the centre-right government majority is unfavourably opposed to Itali's ratification of the reform of the European Stability Mechanism. Furthermore, the history of the Mechanism is outlined and what the proposed reform of the same envisages, carrying out a critique of the reform itself, but the author believes that an open discussion is necessary on what the Mechanism represents of the future of Europe
L'informatore info, 2022
The article constitutes a commentary on the Law of December 9 - 2020 of the French Republic again... more The article constitutes a commentary on the Law of December 9 - 2020 of the French Republic against "religious separatism". The work was prepared by Attorney Cesare Augusto Placanica, from Verona, and published on the independent blog "L'informatore info" in 2022. The author analyzes the particular declinations of secularism in France throught the exposition of the main French legal norms that regulate the matter, reporting on the rulings of the higher Courts regarding the display of religious symbols and indicating the reforms that have taken place in the transalpine country aimed at characterizing the Principle of Secularism.
IL Diritto Penale della Globalizzazione , 2019
The paper highlights the guarantees that the Italian legal system provides to the fundamental rig... more The paper highlights the guarantees that the Italian legal system provides to the fundamental right of religious freedom guaranteed by Article 19 of the Italian Constitution. The article discusses Constitutional Court ruling nr. 254/2029 regarding a Lombardy Region Law on the opening of places of worship. The author, lawyer Cesare Augusto Placanica of Verona, also illustrates two bills of the Italian Parliament relating to the opening of Mosques and the training of Imams on national territory. The paper highlights the right of religious Confessions other than Catholicism to have their cultural identity respected, and to train their religious leaders autonomously and without state interference
Rivista penale della Globalizzazione , 2023
The paper, written by the lawyer Cesare Augusto Placanica of Verona, analyses a key teme of Itali... more The paper, written by the lawyer Cesare Augusto Placanica of Verona, analyses a key teme of Italian ecclesiatical law : the right to religious freedom in connection with the problem of secularism, as recognised by the bilateral treaties between Italy and the Holy See, especially the Lateran Treaty. The author discusses the confessional model partially accepted in Italy and wich had represented on of the ways of building relations between religious confessions and the State. The author questions the possibibility and necessity of a common law on religious freedom that regulates the areas not covered by the aggreements. Furthermore, the legislative proposals of the Italian Parliament on religious freedom, are indicated, in relation to specific areas such as marriage, Associations and Confessions, individual Frredom
Informatore info
This article published in Informatore info relates to the question of the Jurisdictional immuniti... more This article published in Informatore info relates to the question of the Jurisdictional immunities of the States and illustrates the Italian internal, civil , substantive and legitimacy and constitutional decision, thet intervened at the request of italians citizens who asked to be compensated for the serious crimes against humanity committed by the German troops during the second world war. An Important sentence of the International Court of Justice has intervened on the subject wich has interacted with the Italian and Greek decision. The positions of internationalist doctrine are reconstructed and account is taken of a recent provision having legislative force, approved by Italy wich established a guarantee fund for the victims of nazi crimes and neutralized the enforcement actions undertaken against Germany.
Rivista penale della Globalizzazione, 2022
The paper is a commentary on the ruling 24414-2021 of the United Sections of the Italian Court o... more The paper is a commentary on the ruling 24414-2021 of the United Sections of the Italian Court of Cassation and is delivered 10 years after the Lautsi Case of the European Court of Human Rights. The case arises as a matter of labor law and therefore falls within the scope of the Italian legal system. The ruling, concerning the display of religious symbols, calls for a pluralistic secularism that guarantees freedom of religion, with wich on tends to mediate the ideologic cultural conflict by valorising the differences in belief and conviction
Rivista penale della Globalizzazione , 2022
This article is a footnote to a ruling by the Court of Appeal of the United Kingdom, regarding th... more This article is a footnote to a ruling by the Court of Appeal of the United Kingdom, regarding the applicable Jurisdiction in a claim for damages for torture suffered by a Moroccan citizen during an "extraordinary rendition" The English judges attributed jurisdiction to Great Britain although other countries were also involved in the "rendition" operation over tima
IUSTITIA, 2020
This article outlines the concept of secularism, religious freedom and the Italian system of reli... more This article outlines the concept of secularism, religious freedom and the Italian system of religious confessions, in light of the European Union Treaties and the protection of human rights under international conventions. The article was written by Cesare Augusto Placanica for the scientific Journal IUSTITIA (Giuffrè)
n1 Rivista penale della globalizzazione, 2019
This article deals with the international Criminal Justice and examines the types of Internationa... more This article deals with the international Criminal Justice and examines the types of International Criminal Courts. Particular attention is paid to "International Criminal Court" established by Rome Statute (!998) and to rules regulating the competence of the body. The present contribution points to some cases of Courts action : Sierra Leone, Lebanon, Cambodia, Bangladesh and the situation in Syria following General Assembly resolution 71- 248. Howeuer, tbe practice of International Crtminal Courts is still uery farfrom erxuring tbat tbe fficials of arry state are prosecuted and double standards are routine. Bxtt international criminalJu.stice can help to spread a sense of legality and accountability in tbe international public opinion.
Phrg, 2022
The article published in Peace Human Rights Governance a scientific Journal of the University of ... more The article published in Peace Human Rights Governance a scientific Journal of the University of Padua and authored by lawyer Cesare Augusto Placanica identifies the salient points of the constitutional reforms in Poland that have led to government control of the JudiciaryThe article, created as an intervention in the context of the International Conference, organized by the University of Padua, Center for Human Rights, entitled "Towards an inclusive governance of Eu fundamentals value" and within the discussion panel "in ruling the rule of law", concerns the reform of the judicial system that the Party, which won the political elections in Poland in 2015, has carried out in this country. The reforms that have been implemented with a series of laws since 2016 have affected all Polish judicial bodies. First the Constitutional Court, then the National Council of the Judiciary, the Supreme Court, and its disciplinary section, the office of Attorney General. This work first describes what the reforms and the interventions that the legislative power conducted, with a specific plan, consisted that of bringing all counter-majority powers back under the control of the executive, thus violating the Polish Constitution, which is a democratic Charter and affirms the separation of state powers. The speech underlines the reactions, which have taken place in the legal system of the European Union since the independence of the judiciary is an essential part of it, an indispensable tool for building the political and legal cohesion of the countries that belong to the Union. The reader is aware of how these reforms have been received in the enlarged common European space, the one in which the ECHR operates, and its most important guaranteed bodies, which is the European Court of Human Rights and the Venice Commission. We then draw conclusions relating to the need to implement the European rule of law, through political discussion and dialogue, like participating in an important international organization such as the Eu, which has protected peace, democracy social, and economic well-being in Europe. This task involves a strong moral cohesion between nations and peoples.
Osservazioni critiche sulla sentenza della Corte Costituzionale sul Fondo Ristori per le vittime italiane dei crimini nazisti, 2024
The work annotates the Constitutional Court Ruling of 21 July 2023 no. 159/2023 and was published... more The work annotates the Constitutional Court Ruling of 21 July 2023 no. 159/2023 and was published in the scientific Journal La Comunita Internazionale (SIOI) The Italian Constitutional Court addressed a constitutionality ruling on the Ristori Fund following an incidental ruling by the Court of Rome in the proceedings for damages against the Federal Republic of Germany for nazi crimes in Italy during the second World War .
Un percorso analitico- rappresentativo del pensiero di Carl Schmitt, a partire da opere in lingua italiana sul teorico tedesco della politologia , 2025
Il lavoro fa riferimento alle opere più importanti di Carl Schmitt con una bibliografia di testi ... more Il lavoro fa riferimento alle opere più importanti di Carl Schmitt con una bibliografia di testi in italiano cercando di rappresentare in modo analitico il suo pensiero
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Papers by famiglia placanica