Democrazia e Sicurezza – 2016, n. 3

Living together. Considerazioni oltre la querelle del burkini

DOI: 10.13134/2239-804X/3-2016/1

Diritti fondamentali e governance economica europea

The Court of Justice and the EU Treaties have gradually recognized among the principles to be pursued or the rights to be protected solidarity, economic and social cohesion, citizenship, human rights and, most recently, the Lisbon Treaty has equated the value of the Charter of Fundamental Rights to that of Treaties. This process has allowed a gradual shift of the centre of gravity of the Union from the original economic purpose, arising functionalist approach, to a political community perspective, designed also to protect those rights. Starting from this assumption the present essay, retracing the steps that led to the introduction of the euro, the Fiscal Compact and the framework of EU economic governance, looks into the issue of the compliance of this euro system with those principles and fundamental rights reaffirmed by the Union. This law economic and political verification is concluded with an exhortation to the revision of the EU economic governance, in the awareness of belonging to a common destiny, otherwise being the risk of a disintegration of the euro and perhaps the EU.

DOI: 10.13134/2239-804X/3-2016/2

La revoca dello status civitatis in Costituzione: una riforma fallita

After the last terrorist Paris attacks, French Prime Minister presented a project of constitutional reform to the Parliament. This paper provides an overview of the withdrawal of French nationality, focusing on the project of reform and the political debate, even if it was just provided by the Civil Code. It considers the judicial framework and analyzes how the constitutionalization of the removal of French nationality against terrorists is related to several human rights law principles (for example the right to have nationality).

DOI: 10.13134/2239-804X/3-2016/3

Carcere e salute. Voci fioche di persone detenute

The paper deals, through a sociological approach, with the delicate problem of health of inmates in Italian prisons, representing an act of explicit accusations against the prison system as it is today in Italy. After introducing the themes of social inequalities in health, and having framed the right to health also from a legal point of view, we present the results of a qualitative research conducted in prisons in three Italian regions (Campania, Lazio, Emilia Romagna) on a significant sample of inmates with chronic diseases. The survey refers to persons detained who are living an existential condition that limits not only their freedom, but also is the result of chronic diseases that disrupt relations and future prospects, up to denote them as “prisoners‐none”, a piece of the population for which the prison serves as a mere “social vacuum”, often with no way out and no real prospects.

DOI: 10.13134/2239-804X/3-2016/4

Mads Andenas, Duncan Fairgrieve (eds.), Courts and Comparative Law, Oxford University Press, Oxford, 2015, pp. 768

DOI: 10.13134/2239-804X/3-2016/5