Contributi di Pasquale Lillo

SOMMARIO: 1. Dalla bioetica alla biogiuridica. - 2. Etica e diritto. - 3. Profili di diritto ecclesiastico nella dimensione bioetica. - 4. Questioni bioetiche e valori costituzionali.

Juridical horizons of the bioethical dimension

Abstract: In his broad cultural, legal and academic experience, Giuseppe Dalla Torre has also dealt with issues relating to bioethics and biolaw. His thought contribution on the subject has proved to be of great scientific importance both because from a temporal point of view he was one of the first Italian jurists to take an interest in bioethics; and because he has indicated criteria and solutions that have profoundly crossed the dynamics characterizing the debate and studies of the bioethical phenomenon in Italy. The paper intends to testify to the continuing relevance of the fundamental contents of his teaching in the bioethical sector, highlighting that they have accompanied the evolution of Italian biolaw from the very first steps.

Juridical horizons of the bioethical dimension

ABSTRACT: In his broad cultural, legal and academic experience, Giuseppe Dalla Torre has also dealt with issues relating to bioethics and biolaw. His thought contribution on the subject has proved to be of great scientific importance both because from a temporal point of view he was one of the first Italian jurists to take an interest in bioethics; and because he has indicated criteria and solutions that have profoundly crossed the dynamics characterizing the debate and studies of the bioethical phenomenon in Italy. The paper intends to testify to the continuing relevance of the fundamental contents of his teaching in the bioethical sector, highlighting that they have accompanied the evolution of Italian biolaw from the very first steps.

SOMMARIO: 1. Momenti di destino - 2. Lezioni sul diritto vaticano - 3. Stato pontificio e Stato della Città del Vaticano - 4. Diritto canonico e ordinamento vaticano - 5. Riflessioni conclusive.

Some reflections on the Vatican system. Remembering the Master.

ABSTRACT: In recalling the life and work of prof. Giuseppe Dalla Torre, the author highlights some key areas in which the interests and personal commitment of the late Maestro are most focused. The essay intends to highlight that prof. Dalla Torre, also on the basis of his immense scientific production, was not only a brilliant and highly original scholar of canon law and ecclesiastical law, but he was also a refined constitutionalist, a careful scholar of public law and constitutional law. in relation to the various state systems, as well as in relation to the very unique system of the Vatican City State. The paper makes a specific reflection on some aspects of the current Vatican legal system, to which Dalla Torre has dedicated significant personal energies, especially in recent years. The essay indicates that the Vatican system was not only an important object of study and legal interest on the part of Giuseppe Dalla Torre. But it also represented an important field of action in which he sowed with copious abundance: both as a consultant for various departments of the Apostolic See; both from a jurisprudential point of view, in the years in which he held prestigious positions as a Vatican magistrate and, most recently, as President of the same Court of the Vatican City State; and, again, from the point of view of the care of new generation of jurists - trained through a prestigious School led by himself - with the relevant purpose of providing them with the tools suitable to operate, even at a professional level, within the "walls" Vatican system. It follows that Giuseppe Dalla Torre not only represents an illustrious ecclesiastic and canonist of our times, but also an esteemed legal practitioner, as well as an appreciated "Vatican jurist".

SOMMARIO: 1. Ricognizione costituzionale del fenomeno educativo - 2. L’educazione familiare - 3. L’educazione scolastica - 4. L’educazione religiosa.

Educational Institutions in the Italian Constitution

ABSTRACT: According to the current Constitution, Italy presents itself as a pluralist and participatory democracy, in which certain functions aimed at enhancing the human person are not taken directly by the State – except in exceptional cases in which the public authorities intervene, for reasons of necessity, in a subsidiary or supplementary way – but they are normally assigned to specific social subjects (or formations), among which the educational institutions have a special and qualified position. The present contribution intends to highlight that the Italian “social State” does not present itself as a “educating State” in its own educational models that the public structures impose in an authoritarian way on the single components of the national collectivity. On the other hand, the Italian Constitution, in recognizing social relevance to the educational function, assigns its concrete management to certain “"pedagogical agencies” or “educational institutions” operating autonomously within the civil society: among which the qualified family holds a qualified position. School and religious confessions. They do not operate in the name or on behalf of the State, but operate within a framework of legal, cultural and institutional guarantees and pluralism, within a normative framework dictated in this regard by the constitutional text and by ordinary legislation. By carrying out the special role assigned to them by the Italian legal system, educational institutions participate in the democratic dynamics of the country, contributing with their work to the construction and evolution of the civil and national community.

SOMMARIO: 1. La presenza religiosa nella sfera pubblica - 2. La libertà religiosa collettiva nella CEDU - 3. La condizione giuridica delle confessioni religiose nel diritto della UE - 4. Identità confessionali e identità nazionali europee - 5. Il ruolo “pubblico” delle istituzioni religiose negli Stati europei - 6. In particolare: a) la rilevanza costituzionale dei soggetti confessionali in Germania - 7. Segue: b) la condizione giuridica delle confessioni religiose in Italia.

Public relevance of religious communities in the European legal dimension

The religious phenomenon appears relevant both on an individual level and on a social level. In many cases religious experience, on the one hand, helps to draw the personal identity of the subject; on the other, it is an element that characterizes various aspects of civil society, up to the influence of the political and institutional dynamics of many contemporary state systems. This paper intends to demonstrate that the religious phenomenon does not appear confined only in the strictly private sphere, but lives and manifests itself also in the public dimension. This approach seems to be confirmed, among other things, by the new public role that religious communities are progressively taking on in the European legal sphere, as well as within individual state systems in Europe. From the analysis of the rules in force both at the European and national level, this work therefore derives a significant legal recognition of the public relevance of religions and religious communities that are direct institutional expression, paying particular attention to the experience gained in the German law and in the Italian legal system.

SOMMARIO: 1. La “Carta dei valori”: origine - 2. Caratteristiche e struttura - 3. Natura giuridica - 4. Dimensione costituzionale della “Carta dei valori”?

Sommario : 1. Il fattore religioso nell’art. 2 della Costituzione italiana – 2. Pluralismo partecipativo e principio di bilateralità – 3. Le libertà costituzionali delle confessioni religiose – 4. Le restrizioni dell’art. 2 della Costituzione alle libertà confessionali.

SOMMARIO: 1 . Chiesa cattolica e ordinamento internazionale – 2 Forme di stipulazione concordataria – 3. I protocolli concordatari – 4. Natura giuridica dei protocolli – 5. Nessi esistenziali dei protocolli ecclesiastici ‒ 6. Casi particolari di protocolli concordatari ‒ 7. Il Protocollo italiano del 1984.

SOMMARIO: 1. Trasformazioni economiche e dinamiche sociali − 2. Centralità della persona umana nella dottrina sociale cattolica − 3. Luci ed ombre del sistema economico contemporaneo − 4. Esigenze di regolamentazione dei mercati internazionali − 5. Il primato del “bene comune” sugli interessi particolari.

Size "public" of the papal magisterium: fragments of social teaching on the world economy

ABSTRACT: The Catholic Church for several years devoted particular attention to the economic processes of the world, drawing on ideas that enrich the overall picture of its "social doctrine". In this case, the papal teaching proved to be quite sensitive to the phenomena of globalization that are investing also global economic system. This paper intends to analyze some key points of the papal reflection on the subject, highlighting the relevance "public", which is gradually to assume the contribution of Catholic social teaching around the overall dynamics of the global economy.