According to some scholars, the international customary law that existed before the entry into force of the Italian Constitution could prevail over the constitutional provisions (because of the application of the chronological criterion), but this does not apply with regard to the principles belonging to the untouchable core recalled in Art.
law
неприкосновенный
Описывает конституционные принципы, которые, согласно изложенному рассуждению, нельзя отменить или изменить.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
According to some scholars, the international customary law that existed before the entry into force of the Italian Constitution could prevail over the constitutional provisions (because of the application of the chronological criterion), but this does not apply with regard to the principles belonging to the untouchable core recalled in Art.
law
принципы, относящиеся к неприкосновенному ядру
Конституционные принципы, рассматриваемые в данном контексте как часть защищённого ядра, которое нельзя отменить.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.