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Sistematica tributaria dei principi costituzionali e integrazione giuridica

Translated title of the contribution: [Autom. eng. transl.] Tax system of constitutional principles and legal integration

Paolo Arginelli

Research output: Contribution to journalArticlepeer-review

Abstract

[Autom. eng. transl.] The present essay has as its object the recognition and systematization of the relevant constitutional principles in tax matters and the study of their possible use for the purposes of legal integration. It starts from the preliminary adherence to the skeptical (semantic-moderate) conception of interpretation, which requires us to distinguish between interpretation in the strict sense and juridical integration. This adhesion is related to the felt need to protect the value, of constitutional relevance, of legal certainty, understood in its meaning of predictability for taxpayers of the decisions taken by administrative and judicial bodies. This "guaranteed" conception does not imply the prohibition of the integration of law, in its two positive and negative forms, but limits its application in certain areas and imposes a particularly rigorous scrutiny
Translated title of the contribution[Autom. eng. transl.] Tax system of constitutional principles and legal integration
Original languageItalian
Pages (from-to)1-67
Number of pages67
JournalGIURISPRUDENZA DELLE IMPOSTE
VolumeXCV
Publication statusPublished - 2023

Keywords

  • Principi costituzionali
  • Constitutional principles
  • integrazione giuridica
  • gap filling
  • capacità contributiva
  • ability to pay
  • riserva di legge
  • no taxation without representation
  • eguaglianza
  • equality
  • ragionevolezza
  • rule of reason
  • proporzionalità
  • proportionality

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