Article 11 of the Italian Constitution was originally intended to guarantee Italy's membership of the new international organisations that were being created in the post-war period. However, an analysis of the intention of the constituent, as well as of the constitutional interpretation in recent years and even of the process of integration into the European Union itself, offers us a broader reading of the function of this article. It is therefore configured as a "European super-clause". In other words, through it, the European Union is constituted as an indispensable element within Italian constitutionalism. According to this analysis, therefore, a possible exit of Italy from the European Union (Italexit) would be in direct conflict with the current constitutional text and would therefore require a new Constitution
La “supercláusula europea” del artículo 11 de la Constitución italiana y la evaluación de la hipótesis de un “Italexit” / Lupo, Nicola. - In: REVISTA DE DERECHO CONSTITUCIONAL EUROPEO. - ISSN 1697-7890. - 20:40(2024), pp. 1-18.
La “supercláusula europea” del artículo 11 de la Constitución italiana y la evaluación de la hipótesis de un “Italexit”
Nicola Lupo
2024
Abstract
Article 11 of the Italian Constitution was originally intended to guarantee Italy's membership of the new international organisations that were being created in the post-war period. However, an analysis of the intention of the constituent, as well as of the constitutional interpretation in recent years and even of the process of integration into the European Union itself, offers us a broader reading of the function of this article. It is therefore configured as a "European super-clause". In other words, through it, the European Union is constituted as an indispensable element within Italian constitutionalism. According to this analysis, therefore, a possible exit of Italy from the European Union (Italexit) would be in direct conflict with the current constitutional text and would therefore require a new ConstitutionFile | Dimensione | Formato | |
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N. Lupo_ La _cláusula supereuropea_ del artículo 11 de la Constitución Italiana y la evaluación de la hipótesis del _Italexit_.pdf
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