SANZIONI AMMINISTRATIVE, RES IUDICATA E INCOSTITUZIONALITÀ DELLA LEGGE APPLICATA DAL GIUDICE

Translated title of the contribution: [Autom. eng. transl.] ADMINISTRATIVE SANCTIONS, JUDICATED RES AND UNCONSTITUTIONALITY OF THE LAW APPLIED BY THE JUDGE

Valentina Giannelli

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The paper investigates the issue of the incidence of unconstitutionality judgments on the execution of the application of laws declared illegitimate. The research focuses, in particular, on the fate of the res judicata having as its object the condemnation to the payment of administrative sanctions that can be qualified as substantially criminal, also in light of the jurisprudence of the EDU Court. These questions are examined starting from the concept of inapplicability of the law declared illegitimate referred to in paragraph 3 of art. 30, Law 87/1953, as well as the relationship between the same and the subsequent paragraph 4, concerning the termination of the execution and the penal effects of the irrevocable sentence of conviction.
Translated title of the contribution[Autom. eng. transl.] ADMINISTRATIVE SANCTIONS, JUDICATED RES AND UNCONSTITUTIONALITY OF THE LAW APPLIED BY THE JUDGE
Original languageItalian
Pages (from-to)1-21
Number of pages21
JournalRIVISTA AIC
Publication statusPublished - 2018

Keywords

  • giudicato
  • sanzioni amministrative

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