Constitutional Law

The firm has more than a decade of tradition in assisting public and private clients on constitutional law matters. Our advice focuses on the relations between the State, Regions and other territorial entities, constitutional organisation, and the regulation of constitutional rights. Prof. Avv. Francesco Saverio Marini has many years of experience in direct litigation proceedings between the State and the Regions, having assisted numerous Italian Regions in appeals against State laws in breach of their respective competences and powers, or in proceedings brought by the Government against regional laws. We also provide advice on out-of-court matters, both for the preparation of the observations to be sent to the competent Ministries in the interim phase prior to the appeal, and for the drafting of resolutions for the appearance in court, as well as for the study of regulatory proposals suitable for rendering the dispute moot out-of-court. The firm also assists Members of Parliament in the context of conflicts arising from allocation of Constitutional powers raised by ordinary judges, as well as in the context of conflicts to be raised against the Government and the Chamber of Deputies and the Senate with regard to legislative procedures. Moreover, the firm has significant expertise in litigation concerning conflicts arising from allocation of powers, both with reference to those arising between the State and the Regions - and with reference to those arising between executive, judicial and legislative branches of the Government. Finally, a significant part of the firm’s constitutional litigation caseload concerns questions of constitutional validity brought indirectly by ordinary judges. The firm’s experience in this practice area has resulted in a considerable number of orders of reference to the Constitutional Court made in the context of proceedings in which the firm is involved as legal counsel, as well as the involvement of the firm’s professionals in the defence before the Constitutional Court. Prof. Annibale Marini, Lawyer, founder and of Counsel of the Firm, is Chief of Justice Emeritus of the Constitutional Court.

European Union law and the ECHR

The firm offers its clients in-court and out-of-court assistance before the bodies of the European Union. In addition to the defence in numerous preliminary ruling proceedings brought by national judges in the context of proceedings in which it was involved as defence counsel, the firm deals with litigation before the Court of First Instance and the Court of Justice of the European Union against measures adopted by the EU Authorities, with specific reference to proceedings for the granting of European funds. Out-of-court assistance in this matter is also provided, in the procedural stages of objection and verification by the European Commission or the competent control bodies (Olaf, EU Court of Auditors, etc.). The firm also has experience in bringing actions before the European Court of Human Rights.

Team