DIRITTO E MEMORIA STORICA NELL'ESPERIENZA GIURIDICA COMPARATA: IL DIFFICILE BILANCIAMENTO TRA TUTELA DELLA DIGNITÀ DELLE VITTIME, LIBERTÀ DI MANIFESTAZIONE DEL PENSIERO, PROTEZIONE DELLA DEMOCRAZIA.

This PhD dissertation deals with the study of the legislative measures that concerns story and memory. Since the beginning of the nineties, in fact, the idea of “historical memory” has become a recurrent theme of public debate in a different EU countries and many Parliaments have adopted measures direct to redress the crimes committed in the past, specially in 20th century by repressive regimes. This phenomenon is particularly noticeable in France Spain and Italy. In the first two cases, Parliaments have introduce a duty of remembrance for the tragedies of the past, while in Spain the issue is approached from the perspective of a subjective right to the recognition of the memories of victims and their families. Near these type of interventions (generally called memorial laws) several EU countries have also adopted acts direct to the criminalize the Holocaust denial. In all cases these acts have known a lot of critics because they contrast with important constitutional principles: pluralism, freedom of speech, freedom of teach. But these acts regards events that have had a profound influence on the development of human dignity and on the birth of the constitutional system after the II° WW. In this point of view, the aim of this thesis is weigh the possibility for these type of interventions to received admission in democratic and pluralistic societies.