Between Procedural Impermeability and Constitutional Openness: The Italian Constitutional Court and Preliminary References to the European Court of Justice

On 15 April 2008, the Italian Constitutional Court (ICC) raised for the first time a preliminary question to the European Court of Justice (ECJ). This decision (see judgment No 102/2008 and order No 103/2008) represented a turning point in the ICC's case‐law, and calls for a careful assessment of the motives backing such revirement as well as of the legal reasoning that the Italian judges used to wrap it up without repudiating their previous case‐law. In addition to this preliminary analysis, the aim of this essay is to explore two themes: i) the developments of the ICC's case‐law as regards the role of Community Law and the ECJ, and ii) the appraisal of the interplay between the ICC and the ECJ in the light of the notion of ‘interpretive competition’.     

Territorial government reforms at the time of financial crisis: the dawn of metropolitan cities in Italy

On 1 January 2015 a new institution, the metropolitan city, took its place among the Italian territorial authorities. Despite its incorporation in the Italian Constitution since 2001, the metropolitan city become a reality only when the national government carried out a process of reform and transformation of Italian territorial government by transforming 10 large cities into metropolitan cities and depriving other intermediate governments (regions and provinces) of their fundamental competences. This article critically reviews the activation of metropolitan cities and the reshuffle of Italian territorial authorities. It stresses the way in which this reform marks the shift towards a new phase of Italian regionalism, which is dominated both by a dynamic of recentralizing intergovernmental relations and by the resulting loss for provincial and regional governments.     

A Novel Forensic Investigation Applied to Bone Remains Exhumed near to Quirra Interforce Firing Range

The need to implement novel techniques, able to support a causal link between exposure and pathology, has been emerged over the recent years. The application of scanning electron microscope coupled with probe X‐ray microanalysis (by means of an energy‐dispersive spectroscopy) has been developed by our research group for the bone remains investigation. It was aimed to testify the exposure to microsized and nanosized pollutions, due to military activities in the Quirra interforce firing range, of a Sardinian shepherd, died of acute leukemia. Metallic debris with a combustive morphology and with an oncogenic potential has been surely detected inside his bone marrow canal. This novel technique has proved to be able to bring to light a source of past exposure preserved over time within the bone marrow canal. It can be useful for postmortem analyses, delivering a new avant‐garde approach to modern forensic science.     

Reliability in age determination by pulp/tooth ratio in upper canines in skeletal remains

Estimation of age of skeletal remains is one of the most complex questions for anthropologists. The most common macroscopic methods are based on dental wear and histological evaluation of bone remodeling. These methods are often qualitative, require great technical expertise, and have proved inexact in the estimation of ages over 50 years. Certain dental methods investigate the apposition of secondary dentine, in the study of tooth cross-sections, and X-rays to study width, height, and pulp area. The primary author previously proposed a method of estimating the age of a living person based on the pulp/tooth ratio (PTR) method in the upper canines. The aim of the present study is to verify whether the PTR method can also be used to estimate the age at death of skeletal remains. This paper investigates the study of historical samples of known age as a means to validate the proposed method.     

Suicide by pencil

We report an unusual suicide, committed with a common pencil. A 72-year-old male inflicted himself a penetrating thoracic wound while being hospitalized for a hip prosthesis operation. Although the patient was immediately operated, the cardiac injury appeared to be fatal. Cases of suicidal penetrating wounds of the anterior chest wall are rare and they are mostly inflicted by knives, glass fragments, or other sharp instruments. The potential danger of a pencil should be taken into consideration, especially in psychiatric hospitals and imprisonment facilities. We examined the legislation in Italy and Finland concerning the regulation of privacy in special care institutions.     

The Social Dilemma of European Integration

This essay examines the problems that many scholars raise when referring to the EU’s chances of implementing a true, original and effective social model, capable of renewing the Welfare State model developed after the Second World War. The analysis is conducted in the light of the process of ‘constitutionalisation’ in the European Union and of the Lisbon Treaty. Following a constructive approach, the author examines the current debate among European public actors on this issue, with particular emphasis on the ‘advanced enforcement’ of the Nice Bill of Rights evident in the jurisprudence of the European Courts as well as in recently published European Commission documents on ‘flexicurity’.

Contractual Fiscal Equivalence Versus Geographical Fiscal Equivalence

This work extends the contractual procedure, normally used in therelationships among persons, to intergovernmental relationshipsnamely those among local jurisdictions. This changing inperspective challenges the efficiency criterion based ongeographical fiscal equivalence; in fact the level of equilibriumdoes not depend on the level of the public good provided perse; it rather depends on the fiscal system, on the position ofthe median voter, on whether interjurisdictional mobility iseither favoured or forbidden, and finally on whether the centralgovernment uses transfers either for redistributive purposes oras payments of the services provided by local jurisdictions. Inparticular, the paper shows that if two jurisdictions of the samelevel are allowed to have contractual relationships (horizontalrelationships) the more efficient of the two can sell the servicealso to the less efficient, so reducing citizens' unit costs.     

Fluctuating Saudi and Emirati Alignment Behaviours in the Horn of Africa

ABSTRACT

The overthrow of Omar al-Bashir after three decades of rule has brought to light a dynamic that has been present for years: an interweaving of political, economic and security issues between the states of the Horn of Africa and the Gulf monarchies. Since 2011, the most active powers are the Kingdom of Saudi Arabia and the United Arab Emirates, which seek political support to counter both Iran’s influence and the growing Turkish presence. The two Gulf monarchies’ search for alignments with African counterparts has favoured the continuous reshuffling of alliances with direct effects on the local actors’ strategic choices. These dynamics need to be considered to understand the determinants behind the currently increasing instability in the Red Sea area.