Vincenzo Desantis

The residence as requirement in order to access to the right to study: The judgment n. 42/2021 of the Constitutional Court

  • Abstract

Informations and abstract

Keywords: university education, residence, principle of equality, reasonableness, Constitutional jurisprudence

The judgment no. 42 of 2021 of the Constitutional Court declared the unconstitutionality of a provision of a law of the Autonomous Province of Trento. The rule declared unconstitutional provided that the Province could promote the inclusion of a reserve of places for university enrollment in favor of candidates residing in the Province of Trento. In a few, but convincing, arguments, the Constitutional Judge affirmed that the contested provision objectively affected the effectiveness of the access to the right to university education, introducing an unreasonable, illegitimate and disproportionate selection criterion. More specifically, the favor was deemed insufficient for it to justify the sacrifice imposed on the principle of legal equality between citizens

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