L'art. 11 della Costituzione nel pensiero di Rolando Quadri

The art. 11 of the Constitution places the pacifist principle and the internationalist principle among the fundamental principles, which outline the form of state of the Italian Republic. The trait d'union is constituted by the pacifist element, which characterizes the entire constitutional system, determining the line of action of the Republic on the international level, which can never ignore the diplomatic solution to conflicts. Rolando Quadri, according to his essentially juridical-formal vision of international relations, believes that partial transfers of sovereignty on a functional level are inconceivable, however identifying (but this may be questionable) the limitations of sovereignty with partial transfers of sovereignty: it is evident then that, just as the State cedes a part of its sovereignty by its authoritative choice, so, by its analogous sovereign authoritative choice, that portion can recover. However, the "limitation", in the letter and spirit of the art. 11 of the Italian Constitution is not simply a partial transfer, but it is an irrevocable partial transfer, as occurs in the formation process of federal states, such as the United States of America. If the State, using its authoritative and sovereign force, intended to recover the portion of sovereignty irrevocably ceded, it would violate the art. 11 and would carry out a "coup d'état". This is not intended to devalue the precious contribution of the Quadri theory in the reconstruction of the European order, but its completion leads us to consider the EU a process of integration between states towards a federal model. This is the next step, which Quadri does not appreciate, since, in his extraordinary concreteness and lucidity, he does not assign importance of positive law to a value scheme.