The decision of the Italian Constitutional Court on numerus clausus: A matter for Community law |
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Authors: | Gisella Gori |
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Institution: | (1) Researcher, European University Institute, Italy |
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Abstract: | This article discusses the recent decision of the Italian Constitutional Court on the numerus clausus issue, containing the first relevant pronouncement by the highest jurisdiction on the constitutional legality of the measures
adopted so far by the Ministry. The Constitutional Court considers these measures in conformity with the Constitution to the
extent that they implement Community law, and especially certain directives on the recognition of qualifications. Thus, Community
law is deemed to provide the proper legal framework to adopt certain regulations, amongst which restrictions to access. This
article argues that, in the context of litigation on access to university, Community law has been used improperly and that,
in any event, a convenient solution to the issue could have been found in national law.
This revised version was published online in July 2006 with corrections to the Cover Date. |
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Keywords: | access to higher education Community law constitutional court Italy numerus clausus restriction to access |
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