Abstract
[Autom. eng. transl.] The ruling in question deals with the well-known story of the unification of the ATA school staff roles, previously divided between local authority employees and the school administration. The criterion of length of service, initially adopted by the legislator to implement the transfer, is later replaced by the "economic matured"; this means that the transferred employees retain the salary they had previously received, but they do not achieve the increase in which, otherwise, they could have hoped and which would have burdened the coffers of the State. The A., after having retraced the trial generated by this situation, dwells on the decision of the Constitutional Court called to rule on the legitimacy of the authentic interpretation made by a provision of the 2006 financial law that crystallizes the criterion of "economic maturity" at the expense of seniority of service. The Consultation, declaring the doubts of constitutionality unfounded, bases its decision, on the one hand, on principles already affirmed many times in terms of retroactive and interpretative laws; on the other, on considerations about the specific episode of authentic interpretation. What, according to the A., Deserves to be pointed out is the fact that the Court, judging on this issue, tries to put in place some strategies to contain the influence of the European jurisprudence which, for several years, has matured a critical attitude towards retroactive laws in civil matters, due to their ability to interfere both with ongoing judgments and with the enjoyment of rights defended in the judgments themselves. In particular, the Court takes stock of the role of the ECHR and of European jurisprudence in the Italian system of sources, to conclude that the legislator, in the case in question, has been contained within the margin of appreciation that this jurisprudence leaves him. However, concludes the A., The reconstruction of the reasons that should justify the rule in question does not appear very persuasive and may not be enough in Strasbourg.
| Translated title of the contribution | [Autom. eng. transl.] The "substance" of European jurisprudence on retroactive laws |
|---|---|
| Original language | Italian |
| Pages (from-to) | 4679-4691 |
| Number of pages | 13 |
| Journal | GIURISPRUDENZA COSTITUZIONALE |
| Volume | 2009 |
| Publication status | Published - 2009 |
Keywords
- Corte europea dei diritti dell'uomo
- Fonti del diritto
- Giustizia costituzionale
- Legge
- Retroattività
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