La concretezza del giudizio incidentale sulle leggi. Il ruolo delle parti innanzi alla Corte costituzionale

Translated title of the contribution: [Autom. eng. transl.] The concreteness of the incidental judgment on the laws. The role of the parties before the Constitutional Court

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] The role of the parties before the Constitutional Court in the accidental judgment on the laws has been relativized from the beginning by doctrine and jurisprudence, so much so that the judgment in question is commonly defined as "without parties" or "to possible parties". The volume aims to re-evaluate this role. To this end, it starts with the verification of the jurisdictional or non-judicial nature of the Court's activity and the consequent possibility of applying the principles of "fair trial" also to judgments of legitimacy on the laws, taking into account the peculiarities of this process, qualified from the doctrine as an objective type judgment. Secondly, the volume focuses on the relationship between the trial and the trial before the Court, to assess whether and to what extent the parties can be expected to participate in the definition of the thema decidendum, limited to the identification of the constitutionality parameter, without affecting the consistency of the judgment, as it has been shaped by sixty years of jurisprudence.
Translated title of the contribution[Autom. eng. transl.] The concreteness of the incidental judgment on the laws. The role of the parties before the Constitutional Court
Original languageItalian
PublisherGiuffrè Editore
Number of pages223
ISBN (Print)978-88-14-21508-7
Publication statusPublished - 2016

Keywords

  • concretezza
  • rilevanza

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