ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

Oreste Pollicino: Is there an Italian Style in Constitutional
Adjudication?
The presentation will try to answer to the question
at the heart of the paper’s title taking as starting point
of discussion the (successful) attempt of the Authors’
Book “Italian Constitutional Justice in Global Context”
(OUP, 2016), to identify the DNA which makes “special”
and very difficult to duplicate the Italian Constitutional
Court (ICC) judicial style. More precisely, the paper will
try to demonstrate as the ICC was in a way forced to
develop a judicial style based on a cooperative and
“relational” approach, in order to face the several
challenges existing since the beginning of its activity.
“Thanks” to the above mentioned challenges, which
favored the rise and the consolidation in the ICC case
law of a judicial style which explains as declares the law,
the ICC found itself well trained and prepared to play
a protagonist role in the actual season of cooperative
constitutionalism in Europe and, more generally, in the
present global constitutional scene.
the Italian case, it is interesting to ascertain whether, in
pluralistic societies, when there can be tension between
fundamental rights/values, particular hermeneutic approaches
prevail – e.g. balancing, and the correlated notions
of proportionality and reasonableness. Are common
patterns of judicial reasoning emerging in Europe?
Marta Cartabia: National constitutional
adjudica tion in the European space
Andrea Simoncini: “Relationality” as a feature of
the Italian style in constitutional adjudication
“Relationality” means that despite the Italian Constitutional
Court belongs to a potentially strong model
of constitutional review, it prefers to use its power softly,
aiming to find a dialogue with the other constitutional
actors (Parliament and Judiciary). This peculiar “style”
derives from an adaptive capacity developed by the
ICC during its life to survive in a complex and hostile
constitutional context. Complexity derives by the peculiar
European path to constitutionalization after the
World War II, ended with different levels of Constitutional
Charters and Jurisdictions. Hostility derives by the
constitutional mindset in which the ICC was born, linked
to the British idea of the “sovereignty of the Parliament”
and to a French-like weak judiciary. “Relationality” has
been the institutional resilient skill to overcome hostility
and complexity. This skill can be decisive for other
constitutional systems, facing the new challenges of
constitutional adjudication in global context.
Vittoria Barsotti: European common patterns of
judicial reasoning
Opposed forces are at work in Europe. The search
for cultural cohesion clashes with the desire of protecting
constitutional identities. The ideal of an inclusive
society is at odds with an evolving multiculturalism.
Tension between global and local is evident. Adjudicatory
authorities must face unprecedented challenges.
The ways cases are decided is an important viewpoint
for understanding the conflicts connected to the new
cultural environment. When values are involved, the
outcome and the reasoning -which serves the parties
and at the same time contributes to the court’s legitimating
process – are equally important. Starting from
Concurring panels 130